New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-02-23


awarded to the secoad wife.
We do well to discourage divorces, but in pass
ing laws coDdemnAtOry Of ite laws Of other States
We should exercise the great.st prudence. First,
We should inquire will those t1act nents be recog-
nized by the Federsl Court. ana the tribunals of
other States Secondly. if 90, srs they necessary
for the guidance Of cur judges These questions
have sgtated England in regard TO Scotch mar
risges and divorces. Last Winter Law, granting
divorces for several causes was passed BY Parlis-
nent to get rid Of this annoy ance. Ii must be re-
me mbered that at the time English tribunals re-
pudiated Scotch divorces in regard to English mar
RIGGS, and refused to recognize any second mat
risge in Scotland, the power Of Parliament was
not limited in the premises like the power Of our
Legislatures.
More than thirty causes Of divorce are recog-
nized by the statutes Of the different States.
IL South Carolina not one has ever been obtained.
In Virginia there are three causes, namely: natural
and incurable impotency ct the time of the mar
rsge, idiOcy, and bigsmy. In Alabama adultery,
or two years abandonment In Rhode Island
impotency, adultery, extreme cruelty, willful de-
seI ton for the space Of five years continued drunk
enness, neglect Of the husband to provide necessa
res for the subsistence Of the wife, gross misbe-
hayior and wickedness repugnant 10 the marriage
contract In New.Jersey divorce is granted
for prior existing marriage adultery, and
williul sbsence for five years. In Vermont
for nOnsge, mental incapacity, impotency,
force or fraud, adultery, confinement in the
State Prison for three years or more, intOlerable
severity wilful desertion for three years, absence
for seven year, unhesrd Of and where the husband,
being Of ability, grossly and wantonly neglects to
provide for his wife. In Maine for adultery, i'm
potency, desertiOn for FIVE years. joining the
Shakers for Eve years. confinement in the State
Prison Of any Of the United States for FIVE years,
fraud in obtaining the consent Of the other party,
habtual Drunkenness for three years; marriage
with an Indian or mulatto is void; and imprison-
ment for felony in the State, works divorce with
out any Judicial proceeding. In Kentucky for
babtuL drunkenness, condemnation for felony,
cruelty of the husband, and for several other
causes which we forbear TO mention. In Illinois,
for impOtency, adultery, willful desertion for
enness for two years. Ia Missouri, for adul-
tery, willful deserton for two years. conviction
of an infamous crime, habitual drunkenness for two
years, cruel treatment endangering life, intolerable
indignities, cdgT0ncy Of the husband, In Iowa the
same causes exist in Missouri, to which issuper-
added, "vhen the parties cannot live in peace and
(" happiness, and their welfare requires sepsra
tion." The law Of Arkansas is the same as in
Missouri except that one years absence is suf j.
cient to free the abandoned party from the bonds
Of marriage In Tennessee and Mississippi the
Law is nearly similar while in Florida, to Ike en-
actments are added habitual indulgence Of riotent
and ungOrern0bt temper for one year. or drunken
ness or desertiOn for one year. In North Caro-
lima, impotency, adultery, abandonment, turning
the wife out Of doors, cruelty Or indignity on the
part of the husband, or any other Just cause.
In Texas mpOtency, excess, or cruel treat
nent or outrsges or desertion for three years. the
husband may have divorce for the adultery Of the
wife, and the wife when the husband abandOns her
and lives in adultery. Ia Mary land the law is the
same as in New York, except that abandonment
and three years absence from the State is a cause
of divorce. In Georgia, the old English ecclesiss.
teal Law governs. In New-Hampshire and Ohio
similar laws to those Of Vermont prevail. tx.
treme cruelty and absence for three years are
causes for divorce in Delaware, to which Pennsyl-
yanis has added intolersble indignties. Congress
has never conferred the power to grant divorce
upon the courts in the District of Columbia.