The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1869-09-02
an gmportaut getisia1t.
From the Greenvtuc Enterprise.
THE LAW OF DIVORCE.

In Cno case OelOW SLatou, ou Iu0 iuiPoA
tant question of Divorce:
John II. Walker Us. Mary j. Walker-In
the Common Pleas, Equity side, Green
ville, May Term, lS69-Petition for Di-
vorce-A Vlnculo Matrimonia.
The Petitioner, John 81. Walker, filed
his petition on the 31st March, 1869,
against Mary Jane Walker, his wife, pray
iny .a divorce a vinculo matrimonii, from
the said Mary, and that she be permitted
to resume her maiden name OF Mary j..
Few" on the ground that few months
after their marriage his wife became ex-
ceedingly unhappy in her disposition, un-
kind in her treatment to him, used yio-
lent, abusive and menacing language
towards him, and constantly manifested
determined malignity towards him."
She accompanied her language with
blows on several occasions" Her hostil-
ity, violence and malignity to him in
creased until at length it became intole-
rable, and they wilfully separated about
November, 1860, since which time they
have lived apart"
The parties were duly married on the
s1st July, 1856, and deed of separation
executed by them the 30th January, 1861.
The Defendant having failed to plead, an
swer or demur within the rule, the petit
tion was taken pro confesso On the 18th
May, 1869. Testimony was taken before
the Clerk in support of the allegations OF
the petition and reported to the Court.
One of the witnesses says of Defendants:
"She had q cross, Grabbed disposition. 1t
-. :ao,e;hIo for op~ raosonohla mind.
ed man to have lived in peace and happl-
ness with her," Another witness says
she "is high tempered woman; hard to
get along with; wanted her own way
entirely; thinks it utterly impossible that
they will ever live together again" An
other witness says the Petitioner "treat-
ed her kindly and affectionately; at
tempted to live in peace with her; she
became dissatisfied without cause; became
ill and cross to him; at one time struck
at him; she constantly got worse in her
disposition and actions towards him until
their separation"
Before entering upon the consideration
of the legal principles involved in this
case-an application to the Court to make
u decree of divorce-which has been
heretofore uniformly refused by the Leg
isature and Courts Of this State in all
similar applications, it is proper to de-
termine whether the Courts of the State
are now invested with jurisdiction to hear
and determine such Cases
In the kingdom of Great Britain, the
jurisdiction of matrimonial questions be-
longed to the Ecclesiastical Courts, and
divorces a vinculo matrimonli were re-
stricted in England to causes which ex-
listed at the time the marriage was con-
tracted, such as cauSa metuS, cousa 'mpo-
tentie, causa afinitatis, cauSa consanquln1-
tatis, &c.; and though the marriage was
unlawful, sentence Of nullity of mar
riage was necessary to dissolve the bonds
of matrimony.
Marriage was regarded sacrament of
the Church, and the Pope, exercising
controlling temporal power over Europe,
required that the cognizance of such sub
jects should be confded exclusively in the
Ecclesiastical Courts, and that divorces a
uinculo should not be granted even by
that Court for causes arising subsequent
to the marriage The dispensation OF the
head of the Church being the only re-
cognized authority to dissolve a mar
riage for causes arising subsequent to its
contraction, though the temporal power
of the Pope has long since ceased in Eng
land, the original jurisdiction of the Ec-
clesiastical Courts has not been enlarged;
they are restricted to granting divorces
a mensa ct thora, and the Parliament alone
can grant divorce uinculo for adultery
off
riago. This, however, is not the law in
all the British Empire. In Scotland, the
Reformation exploded this rule OF the
Romish Church, and divorces vinculo
matrimonii for adultery and wlful and
malicious desertion have been uniformly
granted.
For the same causes, divorces oincu1o
ere granted by all the States of the
American Union, regulated most gene
rally by statute, but having the authori-
ty of the common law as administered in
part of the British Empire; and for the
first cause, adultery, tho positive author
ity of the Scriptures-which furnish to
all Christian nations the highest, purest
and safest rules for social and moral ac-
ton. Matthew v. 32.
All religions under the Federal and
State Constitutions are protected in their
full and unrestrained exercise, but none
are established, and therefore tho tenets
or canons of, none should control the de-
termination of the question when, how,
and for what causes the bonds of matri-
mony should be dissolved. 1t is ques-
ton to be solved by considerations of
moral, social and political expediency and
propriety When the responsible relation
has been entered into, and one of the
parties utterly fail, from base depravity
or other grave cause to fulfill it's high and
sacred duties, is it not the duty of the