New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-03-05
DIVORCE.

read the sllusion in this mornings TRIBUNE, made in
connection with an important subject TO my adopted
State and to myseh by name, without feeling tina,
Justice TO both, and what ia of more consequence tn
fair statement of question Involving much of human
morality and happiness, require of ne a few words
Yon say
"The Paradise of eeIOve Is the State Of Indiana whore
he lax principles Robert Dale Owen and the OF
pincPe Of John Petit deciding rever Of tho combined
and women to get unmarried nearly at pleasure"
You usually, think, correct in your statements
of fact, and doubtless always intend to be SO. That
in this endeayor you sometimes fail we have proof
to-day.
So far as recollect, the Indiana law Of Divorce
does not owe single section to Mr.. Petit Be ths.,
however as it may 1t Of its provisions, and
one oRly 70 me. found that law, thirty flour years
ago, when i first became a resident of the State in
substance nearly what it now is indeed with all its
essential features the 1t once referred TO
myself, in conjunction with another member Of the
Legislature, for revision; and we amended it In
single point, namey by adding 10 the causes Of d.
81 habitual drunkenness for two years" In no
other particular, either by vote or posion, have
been instrumental in framing or amending the law In
question, directly or indirectly.
Do not imagine, however, that seek to avoid any
responsibility in regard to that law as stands. cor
daily approve it, II has stood the test for forty or fifty
years among people whom II you knew them as lnti-
matey as do candor would compel you to admit them
TO be- according to the strces standard Of morality you
may set up not one whit behind those OF sister States,
perhaps of more pretentons. approve The law, not
on principle only but because, for than half life
time have Witnessed its practical workings. Ispesk
Of its influence citizens. 1t is much TO be
II GREETED that any should ever be compelled 70 seek
divorce cut Of his own State. Bat even In abiding
to abuses which hare occurred IN this connection you
failed to tell your readers what perhaps you did not
know that our law has Of late years been chsnged
that the you state csnnot possibly reeqr No one
sue for divorce in Indiana, until he has been
during one year atleast resident of the Sate and the
provision regarding timely notice TO the absent party is
Of the strctest kind.
You speak of Indiana as the Paradise of free low
ers." 1t is in New York and New. England refusing
reasonable divorce that freelove prevails not in Indi
ana. never even heard the name there. You locate
the Paradise, then, too far west.
And does it not occur to you, when million Of men,
chiefly plain hardy, industrious farmers, with wives
whom, after the bomely old fashion, they love, and
daughters whose chastity and happiness dear 70
them as If their homes the weathiest in the land
does il not occur Horace Greeley that when these
men 90 on deliberately for half century maintaining
unchanged lor If changed at all, made more hberall
law of divorce which he denounces as breeding disorder
and mmorality-that the Million with their long expe-
rence may be right, and that Horace Greeley, without
that experience, may be wTongf
You talk Of nay FLAX principles" / think that, by
my past life, / have earned the right TO be believed
when gay what are my principles and what are not
On this subject they go just far as the Indiana law
and TO further have given proof OF this. have
had hundred opportunities, and never used them to
Irove its amendment. was Chairman OF the Reyls-
ion Committee of our Constitutional Convention; but
In our Constitution Incorporated nothing IN regard
10 divorce except prohibition against all divorces by
the Legislature. To that think you will not object
AT the next session was Chairman OF the Committee
TO revise the laws; but merely recnacted the old
divorce law, of which experience had taught Us the
benefits 1t grants divorce for other causes than the
one your law selects for abandonment, for cruel
treatment for babtua Drunkenness ard for any other
cause for which the Court may deem 1t proper that
divorce should be granted.
Are these "lax principles 2" / claim to have them
judged according TO Christian rule. By their fruits
We sbs know them" You have eopements, adultery,
which Your law, by rendering it indispensable TO re-
lease virtually encourages you have treeloVe, ana
that most terrible Of all social sins, prostlsution We
instead have regulated, legal separations. You may
feel disposed to thank God that you are not as other
men, or even these Indianans. think that We are
justified in HE sight, rather than you:
Or il perhaps, the amendment 2; dad propose ana
vision namely, that wife should not be coInpeued
TO live with who has been, for years, habitual
drunkard. You have told us that she ought to be 80
compelled. 1t constantly occurs, you say, shas
"yirtuous and worthy girl" marries man who be-
comes miserable loafer and Rot" and you add:
" She will wish herself divorced from him. but the
/" law says No. and we stand TO 1t.
Think for moment, what this actually involves
Let us take the "singe captive" lest the multiplicity
Of images distract See the young creature, viz
tuous and worthy" awaiting late in the solitary nght,
for no sin henous than that her girls heart, be-
Deying in human goodness, had trusted the vows ana
prcmises Of q scOnndrel. Ie it her home where she Is
sitting Let us not 20 desecrate the hallowed word
A bloated wretch whom daily and nightly debauen
has degraded below humanity, has tins right 10 epter
IT, In what temper he will arrive God alone Eh2 vs.
81 the animal within him, probably, aroused BY drink.
VIII be beat her-tbe mother OF his children, inc one
be had sworn to love and protect Likely enoagh.
All well il that be all The scourge, though its
strokes may cause the flesh TO shudie cannot reach
the soal But th possible our8ges Of this miserable
losfer and sot' nav He has the command OF tor
ments legally permitted far beyond those Of the lasn
That bsd.chamber is his, and the bed is the beasts
own lair II depends too, on the brute drunken VIII
whether II shsl be shared or not CalOan 10 Ior auu
master. by legal right. There is not womanly m
stinct that he cannot outrage not holy emoHon thit
he nav ot p1 ofane He is authorized TO commit what
more resembles an infamous crime, usually rated rec
ond TO murder, and often punished with DEAN, thah
anything else. - o11 lava
10 fate TOO horrible for intamy itseii, pure, gee
bsmeless Christian wife Her cry thence may ascend
10 heayeD but earth, you think IT should DC stneu
or She entreats for lief for escape IRON
tba nollutjon she abhors; you look down upon her
misery and answer her, " The law says no. ana we
standtO IT,. o., A. ;h,man can
t;ment Ibeeve You to be coed man, desiring mum "A
murovemeut the friend of what you deem essennai 70
social morality God send that you may never, IN ths
person Of daughter Of your own, and IN the Ieclsa
Of her tortuIes practically learn the terri'le ie''on
how far yeu have strayed rom tne rlRut Ia L. ~,
Further 10 argue the general question WOMB oe au
understandable intrusion on your columns. ouhce W
saw that: if differ from you as to the eKpedehcy VI
occasionally dissolving misery bringing unions,
nrecsey because regard the mar iage relation as tuo
ioIie,t of earthly institutions. IL IL Tor thas sery
Lean tbat GEEK to preserve its purity when other
NI ;snls fail by the bosom Of divorce. No human