The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-06-03
Frssby terrain Law Of Divorce.

The Presbyterian new school General
Assembly is now in session in Chicago.
One Of the most important subjects brought
before II, was IN reference to the church law
as to divorce. A summary Of the case, on
trial before the Assembly, is as follows:
Rev. JAMES ii. SHIELDS Of Iowa, mar
ried woman who coming West had been
divorced from her husband at the East on
account OF alleged intemperance and neg
lect For this offence he was charged by
the Dos Moines presbytery with adultery.
IN having married woman divorced for
another cause than that recognized by Scrip
ture as proper, and dcposed from the mini--
try. Mr.. SHIELDS appealed from this de-
cison 10 the Synod Of Iowa, and was re-
stored 10 the ministry
The Presbytery that deposed him, then
complained TO the General Assembly Of the
decision OF the Synod restoring him.
The General Assembly is court of ap
peal, not Of original jurisdiction; ard no
testimony can be adduced in any case but
that which is spread upon the records OF tie
inferior judicatorics, All the records OF the
proceedings in the Presbytery and Synod,
10 the case are read the parties are then
heard and the members Of the Assembly
give the reasons Tor their opinions, and theu
the vote ia taken to sustain the complaint in
reference TO the case.
Ia regard TO the decision OF the Assembly,
we find TIE following in the Chicago Iritu,e
Of Saturday:
The Divorce case in the Presbyterian
General Assembly was brought TO a close
yesterday by vote Of LOG in favor Of sus-
tanning the complaint. This is virtually a
majority Of "a against the Rev. j. II. Shields
and finds him and his wife guilty Of adultery.
According 10 presbyterian theories they are
not man and wfe-though according TO the
laws Of the State where they reside, they arr
exactly that thing, aad Mrs. Shields right
Of dover in her husbands property remains
intact. His deed is not good without her
signature. The vote Was divided as follows
Ayes, Ministers co, Elders 80 ; nays, Minis
tiers 80, Elders -. The sentence Of the Az
sembly il not yet pronounced, aud il is ex-
,rnely doubtful whether the original pen
Al,y-deposition from the ministry and ex-
communication from the church will be
sustained when that branch Of the subject
comes up. The Judicial eject Of the above
vote Is simply 10 assert the propriety Of IN
doing the work Of the Court immediately b.
low. The detailed proceedings Of yesterday
will be io0nd in another column, and are wor.
thy OF attention.
With due difference 10 the majority in
numbers, We must he permitted 10 say tha,
tie majority Of argurnen, and Of intellectual
force 10 this debate, has been couspicuously
on the other sise. With the names II Rev.
Dr. Thoml.au, the McIerAtor,) Rev. Dr..
Rowiand, Of Newark, Rev. Or. Smith. 0.
Uniou 1heologica, seminary, Rev. Dr. la
cock, OF Buffalo. Rev. l'r. Garfield, Of
Syracuse. Rev. DR.. Gale, 81 GsIesbarg,
Rev. Mr.. LnCl.!ey Of New York, and 9TH
ers d vide reputation, recorded IN It's favor.
Mr.. She'd. can afford 10 b. pronounced
against. Tie !symen in the Assembly vo'
ted alrncs, uranino1sly for condemhiug HIM
Practically. this deci.ion estAohsSes Eth
ng. /, simply revtr-es prey.oas deci'lon
On the Assembly records ard !. Itself laoe
10 he reversed a, anytime. Bot Ia tie
prsset,, the sentence 10 be protoEncsd, s
ihe Presbyterian .av d divorce.