New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-01-23
THE LAW OF DIVORCE.

MI Richardson Is ABOUT 10 Introduce INTO tnc
Legislature bill to facilitate divorce. There are
two kinds Of divorce in this State: one "frOm the
bonds of matrimOny," the other from the bed
and board" The first Of these extinguishes oil
rights Of wedlOck, leaving the innocent party at
liberty to marry again. the other merely separates
the parties long they cannot agree to live to-
geher but permits of reconciliation and reunion
whenever they desire. The object of Mr.. Rich
ardson, it seems, is TO do away with the latter en
tirely, by substituting the former in its place.
Mr.. Richardson's bill will undoubtedly give rise
to much debate. There is, however, one effectual
means by which it cannot fail to be carried. Only
let Mr. Richardson inform his KnOw-NOthing
friends that in the language of Milton, the doctrine
of divorce from bed and board is ''pcrniciOus
"entanglement of the Roman Church." that one
Of the first fruits of the Reformation was to intro
duce into the Protestant parts of Europe altera-
tions similar to those contemplated in his bill;
that Committee, the head of which was Arch
bishop Cranmer, one of the martyrs Ofthe Reform
alton, ina report to Henry VIII, published under
the title of "Rctorm0tiO iegam oeelesasticavam"
recommends that divorces from the bond of matri
mony be granted in cases Of adultery, malicious
desertion, long absence and capital enmities, and
that the injured party be at liberty to marry again;
and also, that divorce from bed and board be en-
tirely done away with as relic OF Popish nom
.ense--let him tell them this and let him declare
that in his bill the doctrines of Crsnmer and the
Reformation are revived, and the KnOw.Nothings
will rise masSe, and carry it, with all the fury of
legislative frenzy, through both houses. Should
the Know -NOthings, however, true to their princ-
pies, object to such reasoning that Milton, Gran
mer and Puffendorf were not natives; should they,
as they probably will, declare that no foreigners
ought to be allowed to express an opinion relative
to the legislative policy of this country, Mr.. Rich
ordson can fall back on the authority of Chancellor
Kent and Mr.. Bancroft, who speak of such partial
divorces as those from bed and board as "hszard-
GUS to the morals of both parties, and as PUN
ishing the innocent more than the guilty"
The subject of divorces is one of great import
ance. 1t is undoubtedly necessary that they should
be granted in cases Of great and irremedable hard
ship, but not on every slight occasion. Such, at
least, has been the opinion of all civilians from
Justuian TO Napoleon. To weaken the bonds OF
conjugal society tends to destroy that confidence
bewt en- man and wife which is essential to their
happiness. Trivial quarrels, which they would
usually forget when under the necessity of passing
their lives together, might be inhamed into deadly
hatred at the prospect of easy separation The
wife, fearful of divorce, would be apt to intrigue
against her husbands interest to secure for herself
a separate maintenance in the day of trouble. The
Il, s,co x...ul1 haooma inyalvad in tha
troubles of the parents, and the friends of both
parties would mix themselves up in the dispute.
The marriage tie therefore, unless in peculiar
cases, should be preserved as a permanent bond
instead of transient society of profit or pleas
ure; otherwise, women might compute their
ages las Seneca remarks was the case in Romeo
by the number of their husbands, instead of
their years; and we see no reason why men would
not soon follow the example, if, indeed, they did
not begin with settingit.
Mr. Richardson's bill grants divorce for adultery.
for cruel and inhumsn treatment such ss renders il
unsafe for the parties to live together and for aban-
donment for FIVE years. II is thus prudent and eau
tious measure compared. with the case in some OF
the Western States, where divorces are allowed for
e'oi! 'nins anu hh!'ihH' an" "H''' 'N' '"'' ~ 80
expensive than ordinary action for debt. In
some of the States as many rs ten different causes
of divorce are recognized, and We find in the stat
utes of all the different States taken together rs
many as thirty-three such causes viz: adultery;
abandonment from one TO five years; abandonment
and living in adultery; cruelty endangering life;
pregnancy at or before marriage; impotence; con-
saDguinity affinity; extreme cruelty Tin Ohio
splitting in wies face has been decided to be ex-
IRENE cruely;) prior existing marriage; idiocy or
unscy; habituSl drunkenness; gross neglect OF du-