New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-24

The London Times, in its comments upon the
new Divorce bill now pending before Parliament,
seems inclined to saddle upon the Puritans, or at
least up,n the Puritan spirit, responsibility that
does not belong there. We refer to that tendency
in England to treat marriage as matter Of sacra-
ment, and therefore as q thing too sacred to be
dealt with in the way of dissolution by any secular
tribunal, or indeed by any tribunal of any kind,
except for the sole cause of adultery-that being
assumed to be the only around recognized in the
New Testament as justifyiDg divorce. The Times
seems inclined to ascribe to the Puritans mar
rOwDess Of ideas to this matter beyond that
embodied in the English law. "In fact" says
that journal in slusion TO the protests made from
opposite quarters in the House of Lords against the
new Divorce bill, eff one party signs for the
elastic and transitory unions of Northern Ger
many, another longs with CrOmwellian fervor
" for such marriage law as Puritan elder wonh
have cOntrived and Puritan congregation would
" have enforced"
Now it is only necessary to refer to the early
history of New England to find practical examps
of such marriage law as Puritan elder would
have cOntrived" and Puritan congregations would
ard did enforce; while the existing state Of the law
Of divorce in New Englai d, based it is upon the
ideas carried thther and put in practice BY the
Puritan settlers affords remarkable contrast. IN
point of common sense and reason, to the English
law on the same subject, whether We take as the
object of tho comparison the new English Divorce
nally the law of England, though of late somewhat
modified by all infusion Of Puritan ideas.
The fact is, that it is Catholicism, not Puritan.
isn that undertakes to remove the question of di-
vorce from the jurisdiction of common sense and
the secular tribunals, by setting up marriage as
sacrament, an act of religion. SO far were the
Puritan legislators of New England from afford.
ing any counteDance to that sspersttious idea, as
they regarded it, that they directed marriages to
be celebrated by the civil magistrates only. Such
continued to be the unif,rn usage for more than
half century; and, though the custom OF calling
in the Intervention of clergyman has since pre-
vailed, the law regards him as acting in this matter
not as q priest, but simply as civil magistrate
specially authorized to join persons in marriage.
Then sgain as to the question Of divorce. The
Puritans never held in any shape to the doctrine Of
the ndissoubility Of marriage. The General Courts
of the New England colonies freely entertained
Al acted upon petitions for divorce aud this not in
alepsatiye but in Judicial capacity and this autAo
rty in the matter Of divorce is still exercised, We
believe, by the Connecticut Legislature, though 10
the other New. England States i. has been deputed,
under certain restrictions, 10 the judiciary.
Nor did the Puritsns Of New-England, whatever
their " Crou,welhau fervor," or their narrowness
in other respects, ever adopt the not on which iads
favor i'll England to this dy, and is sustained BY
the advocacy Of The Time'-the idea that adultery,
and that only in the case of the woman affords the
single ground upon which marriage can be dissolved.
On the OTHER hand, the New-England General
Courts took it upon them to dissolve marriages for
any cause which they judged to be sufficient; and,
though by no means disposed to introduce facility
Of separations, they showed no disposition to per-
petuate unions which it was clear would only lead
to private unhsppiDess and public scandal.
Its true that the Pur tans did regard adultery not
merely "A sin. and civil wrong to the husband f,r
which be might have his action for damages, but
also as high CRIME. The original code Of Massa'
chusetts made adultery capital oiense, aud such
continued 10 be the law So long as the dst charter
remained in force. Though borrowed from ths law
If Moses. STILL this enactment was hut the expires.
sion Of a sentiment, common throughout TIE