Sunday dispatch. [volume] (New York [N.Y.]) 1845-1854, 1852-03-14
Divorces.


SUNDAY MORNING, MARCH IA, 1864.
Divorces.
Sensible readers of our columns, "a numerous
body we are sure) has it never appeared to you
that the morality, both individual and public, of
the good people of the State of New York, might
be considerably promoted, if there were some
more rational arrangements for Divorces Mar
rage, by the law, is decided to be merely civil
contract; which is a most sensible decision.
But when great incompatibility and repugnance,
and responsive desire to release each other
from the contract and be free, follow at any time
afterward, there is no reason worth mentioning
to prevent divorce from being granted and re-
corded. This plain dictate of common intelli-
gence and judgment, is so befogged by lawyers
and precedents, that it will probably look like
heresy to many So there are many simple
truths, that the world has travelled away from,
and been from home so long, that it don't know
their look, when it comes to see them again
For instance, when Mr.. and Mrs Forrest both
wished to separate, fully convinced that they
could not live happily together, what earthly
sense was there in the law saying, No, YOU
part; you may never see or speak to each other
you may both form other intimacies, and live
therein-but husband and wife you must be in
the consideration of the law" o. beautiful con-
tinuation of law, that shows such a regard for
the mere fact of what has been enacted, without
any regard to brains and even decency For de-
cency demands, whore a man and woman. of
good health, are nothing really to each other.
that they should not nominally be husband and
WIFE The law thus makes, between two per-
sons who hate each other, the most sacred rela
tons; forcing the woman to be the property of
the man she repels with disgust The same law
Furnishes rape, when not legalized, with a long
term in the S ate Prison
Marriage is but civil contract Then wbv
not provide, as in all other partnership arrange
ments' or contracts which involve persons, and
services, that there shall be means. where both
parties are agreed, of winding up the business.
ana dlssolving the firm. 1t would be much bet
ter TO dissolve openly and positively than to live
In bonds, and sin in secret, as many husbands
and wives do, who ought to be divorced
Ihe reasons which the law now admits as le-
gitimate causes for divorce are very few; hardly
more than one, and its varieties-tbat is adni-
terry.
ls ought to be enough to know, without anv
cause assigned, that both ''husband and wife
"lsn TO part and be divorced that ought to an
swer' we say. That sweeping reform would cut
tne Knot at once, and we hope to see it iutroduc-
ed in the Legislature.
Apropos, we see that there is now hill before
the Legislature to extend the list of causes which
shall be considered proper grounds for divoroe.-
The bill provides that the Supreme Court shall
have the like jurisdiction and be vested with the
sam powers 1t possesses in cases of adultery, ex
cep' as Otherwise provided therein, namely: To
grant divorces for the following causes
fTsr-Ihe cruel and inhuman treatment of a
wife by her husband, or a husband by his wife.
as may render it unsafe for them to cohabit
Sec0nd. -Wlltul deserti0n or voluntary aban-
donment Tor period of three years of one bv
inc other with refusal by either him or her Of
mutraI duties and obligations
IhUd-ln other cases where, in the disore-
ZION OF the Court, there has been extreme hard
snip ana peculiar Inconvenience and where JUS
uoe can DO substantially promoted, unless 1t ap-
pears 6aat the party complaining is guilty The
complaint for the divorce shall specify the nature
ano circumstances Of the case
Forrth.-The husband or wife of a Marty sem
senced to imprisonment for crime for period of |
uoo ieSs taan three years may marry again.
rVs-
Inc third class above, would almost seem to |
embody the broad ground ne recommend to be |
taken; but, if so IL s naoda muddy nv excess Of
nromotes Is a pretty vague provision for It |
t-f' depend upon the peculiar views of every diff
ferent judge.
LaW5 era will probably go against any reform |
oi this kind, because it simplifes and reduces
lna'1eIs TOO much for them; or, perhaps, from a |
sincere conviction in favor Of the complicsted |
system which we have inherited from the Emp |
lisn law, In respect to Divorces But, even the |
strongest friends of compulsion in such cases
Inuss aamit that there will not only, in all pro
Daoln'y, be more suffering but more wickedness.
"nere d man and woman, after marriage, hav- |
ing formed a settled distrust and dislike for each
osner' are yet forced by the most stringent of
statues to remain in the yoke, side by side. than
II they we're quietly unhitched and permitted to 1
depart in peace
an ou5' says some admirer of the wisdom of \
our tcrefathers, if divorce we're so cheap. we'd
have husband and wife parting for every little
domestic spat, or tea-table tempest. NV vane-
rabie friend, have you not learned that the
solidess growth, and the most reliable stamina.
Tor babies, nations, and trees is not that which
Is from force or extra direction and compulsion
Du5 mat which grows Of its own volition and the
loroeS OF nature 2 Have you NOS observed that
ene most waschful and numerous laws never pre-
Ven' rogue from being rogue; while an
nonesE man is an honest man, Just the same
whether there are laws or not? All of which.
goeth not to prove that there is no use in laws.
but that people, in certain cases, get along much
better without the meddlesome interference and I
bolstering of the same, than they would with.
'oueh assistance and support are much like accus-
tomiDg the physical frame to rely for its vieOr
on the help of medicines
We do not say but what cases would be likely
to happen, Of the sort just alluded to, if divorces
could De had easily. But, it is to be considered
that divorce, almost equally with marriage, is
serions business. As things are, marriage, seri-
Gus as it is, is often entered upon with great flip
pancy, haste, and from momentary impulse.
Unde' the state of things we plead for, divorces
would no doubt be at times asked for, through
ihe same temporary motives Such things are
1navo 'dable Human nature don't admit of be-
ng completely regulated by law; if it did, we 4
should soon have a model world. All that would
% necessary, would be few chapters com
nenci lg with &c Be it enacted &c. What we
iemand Is that there should not, merely from
precea ont, and greatly to the harm of every one
who y affected thereby, continue to exist the
enseless fiction of holding two parties ominally
n the closest union, while they really have no.
hing TO do with each other, except in the way
u mutual dislike and annoyance and offense.