Litchfield enquirer., 1870-05-05
WHOLE no as44

by religious and moral teaching, it may
somewhat direct the course OF it's mani
festations. Hence, that legislation which
does the most to promote actual matrimo-
ny. does also most for the morals Of COM
munity, because /" honest liberty II the
greatest foe to dishonest license" When
parties are married In law, vet not in fact,
and therefore are forbidden to enter into
real marriages, they are liable, unless they
are better-not worse-thaR the communi.
ty generally, to commit breaches of the
rules of morality, either by promiscuous
indulgences, or by forming alliances in the
simihtude of matrimonial, from which Q
spurious issue may spring. Indeed, it 10
well known, that in England, where di-
vorces from the bond of matrimony have
been till lately attainable only on applica-
ton to Parliament, in rare instances, and
at an enormous expense, rendering them 0
luxury quite beyond the reach of the mass
Of the people, second marriages without
divorce, and adulteries, and the birth OF
Iillegitimate children are Of every day oc-
currence; while the crime Of polygamy IL
winked at, though felony on the statute
book. Laws Furnishing adultery, except 40
an ecclesiastical offence, are there nm
known; and they are SO generally in those
! American States in which divorces are not
allowed, or allowed bat for q single cause.
! 3 3d. Perhaps this point cannot better
be illustrated than by referring to South
Carolina, the only State in the Union, in
which no divorce. legislative or judicial,
has ever, for any cause, been granted.
Not only is adultery not indictabls there,
but the legislature has found it necessary
to regulate, by statute, how large proper
ton u married man may give of his prop
| art N IN ~ nall
ing the proposition, that where divorces
are not allowed, meretricious connections
will be formed; for legislation is never re-
sorted to, except where there exists the
subject matter for it to operate upon. The
truth 1s-and experience and reason alike
show it-that either diuorces or illicit connec-
ions a0iA pre0uil in erery community, nad Il
IS for the legislature to choose betUeeH dhs
too. And the pubic sentiment will justi.
ment will justify what the passions. or
the natures, whichever we may call them,
OF those who have entered into the unhap-
py marriages thus practically dissolved,
may demand. Even from the judicial
bench OF South Carolina, we have the fol-
lowing remarkable words fully sustaining
this proposition: SIN this country" said
the judge, land we may all imagine how
he looked when he said it), " where di-
Vorces are not allowed for any cause what
ever, We sometimes see men OF excellent
characters, unfortunate in their marriages,
and virtuous women abandoned or driven
away houseless by their husbands, who
would be doomed to celibacy aud solitude,
| IT they did not FORM connections (Which The LaW
does not aAow, and arho make excellent hMs-
bands and 0irtuous tOiCes still. Yet they are
considered as living in adultery, because q
rigorous and nnyielding law, from motives
Of policy alone. has ordained it So"
The foregoing views are entitled to the
greater weight from the fact that Mr.. Bish-
op is resident of a state where the di.
vorce a n'ensa ct thor0 is practiced, and
from the fact that he is by no means sx-
treme in his opinions regarding the causes
that should justify divorce.