Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1869-05-18
arton, Tuesday, May 10, 1869.
Divorce and its Remedies.

Legal notices at 10 centsper llne,
Divorce and its Remedies.
In an article some weeks ago we gave
the number of divorces in Vermont during
FIVE years ending with 1866, showing 81
divorces for thirteen different causes as stat
ed by the courts. The reports show large
increase from year to year. In subsequent
article we set before our readers the law as
it is on our statutes, with the causes for
which divorce may be granted. Some of
these causes are of such nature astO leave
much discretion with the court as, for in
stance at what point does severity become
intolerable? Some of the causes named
in the statute are of such nature that a
married person may manufacture them
with deliberate intent to seek, or make, a
cause for obtaining divorce. Indeed the
facts will Justify us in saying, that if amar-
ried person desires to procure divorce,
the law will seldom prevent it, in many
cases it helps it.
But we may not from this conclude that
the law is all wrong; or that the courts
are wrong. fla man desires to get into the
States prison, he can effect his object,
though not without crime; and the law
that permits or helps him to his end may
not, for that, be a bad law. Perhaps no
law could be formed, which permits divorce
at all that might not be thus prevented.
The truth is that the real causes that lead
parties to seek divorce are not usually those
which are specified in the libel. No hus-
band and wife will seek to De separated
where there is not crime and serious wick
edness in one or both Divorce comes of
immortality, perjury, wild temper, want of
honor always and everywhere. The hun
dred and fifty or more divorces year in
Vermont, tell us Of so many cOrrupthOuse-
holds the heads ofwhich are not ashamed
to publish their cOrruptions. Advantage,
each party takes the most solemn oath, be-
fore God and man, to be faithful, forbear-
ing, charitable, helpful to each other until
death. No cause of divorce can exist till
one Of the parties violates the oath. Sell
dom does such cause exist till both are per-
jured and false to each other. Divorce is
not sought on account of a single crime
but only when there is perverse and long
continued hardness of heart" and the
willful repetition of crime. One may slip
under temptation, or the stress Of circum-
stances, or be led away by passion, anger,
pride, avarice, and commit a crime that
will be punished by Imprisonment, fines,
or even the gallows, who yet is at heart, as
we say, honorable, and if dealt with for
givingly, may recover and live useful and
honored life Thus is it with many an err
ring husband or wife. Very few of the
faults that might lead to divorce are ever
pursued to that end, because the injured
party remains true to the marriage VOWS
and wins and welcomes the injurer back
to repentance and faithfulness. So should
it be. So is it in a large proportion of ca
ses where husband and wife continue or
till death. Few are the husbands, few the
wives, that do not 50 err at times as to cal
for direct words torbearing and forgiying
temper, even patient winning arts, to b.
called back Herewith from errors that 9th
erwise met, would grow greater and vile
till they become intolerable. Thus it i
that causes of divorce are permitted to grON
and strengthen, till the parties dislik
and hate each other. Then and in Ordin
airy cases not till then, the parties see
some cause, or make some cause, wherewit
they can come before the court The allie
cation is often slammed, or made, and 81
lently consented to, to secure the enc
sought by both quite probably, becaus
there is not honesty in the one, nor low
or fOrbearance in the other. Honest, faith
full, forbearing, patient cOnjugal love, wi
win back to virtue any heart that earthl
power can move. So wesay that the real cat
ses thatseek divorce are deep seated and Ion
continued unfaithfulness and corruption
heart. So Jesus said to the Jews, with re
erence to the law of Moses which permit
ted divorce; "Moses because of the hare
ness Of your hearts suffered you to pl
away your wives but from the beginnin
it was not So"
In this view of the case it does not see
50 strange that Legislators are inclined
increase the causes for which divorces ma
no c-roptad IN ~ to Sa,-a tho ortiaS fro
committing or charging the higher erin
which they know will always succeed.
is quite plausible to say, if parties have NJ
virtue enough to be true to each other,
they have not affection enough to dra
them to each other, if they have not enoue
to conceal each others faults, then the
cannot be otherwise than wretched viii
together, they cannot be forced togethe
let them part. Judges may well say,
these parties have no more respect f
their honor, if they so hate each other
to come here and testify, and bring wi
nesses to prove the one or the other, son
of the vilest crimes that human being
ever guilty of, surely they will not, tn
cannot live together, and would better
separate than united by bond that is fol
ed upon them. The great evil is not tn
husband and wife are so often legally d
united, but that they so often fail to
virtuously and affectionately united. T
evil we deprecate can scarcely be reach
or cured, by making the laws more rig
OF the courts less complaisant Few p;
ties ever enter libel for divorce until tn
have already ceased to live together
Whether then it were better for themsel,
and for the public good to hold them leg
ly married may be different question
answer. The best opportunities for rem
dies is certainly further back. And tn
law is not forceless Law is public teac
er. And the natural and proper teachi
of the law is, that what can be done leg
ly can be done with honor, or at least wi
out dishonor. So whe2 the law says Il
divorce can be had for intOlerable sever
desertion, &C., uneasy husbands or wi