The home journal. (Winchester, Tenn.) 1858-188?, 1871-08-10
SUPREME COURT DECISION.
JOlin A, Lnnicr W.. Jane Lnnicr dis
Scnting Opinion.

every Clllllccry ana circuit court nj
tended by me for u number Of years
and up TO within the last twelv
months, from one to a half-dozer
and. d.somctimcs more, suits for divorc
were pcndiug with the mania 70
their institution and prosecution OF
the increase, all attributable alone L
the loose and lnmaturcd Legislation
of the State. A similar condition o
things exists in most Of the othc
States Of the Union, making the nam
of tho Nollh American people almos
If not in fact Il by-Word.
agree with Mr.. Shcllord, tha
"rhc general advantages Of indissolu
bility as opposed to an unlimited
right Of divorce, are elegantly ant
clearly demonstrated by Hume il
his Essay Of Polygamy and Divorces
where he observes, "lfit be true OF
the one hand that the heart Of MAJ
naturally delights in liberty, ant
hates everything to which it is con.
fined, ii is also true, on the other
that the heart Of man naturally sub.
mits to necessity, and soon loses an
inclination when there appears an
absolute impossibility Of CRAFTY ing
it," Perhaps it will be said that these
principles Of human nature arc con-
Trajectory but what is man but a
heap Of contradictions? Though it
is remarkable that where principles
are, after this manner, contrary in
their operation, they do not always
destroy each other, but the one or
The other may prcdominatc on amy
particular occasion, according as cir
cuhlSlanccS are more or less tavOra-
bic to it. For instance, love is Il
restless and impatient passion, full
of canriccs and variations, arising in
a moment from n feature, from an
air, from nothing, and suddenly cX-
tlnguishing after the same manner.
But friendship is calm and scdatc
affection, conducted by reason and
ccmcntcd by habit, springing from
long acquaintance and mutual obi.
cations, without jcalouSicS and with
out those lcvcrish fits Of heat and
cold which cause such an agreeable
torment III the amorous passion.
So sober an affection, therefore, as
friendship rather thriycs under con-
llainl, and never rises to such Il height
as when any strong interest or ncccs-
sity binds two persons together and
gives them some common object of
pursuit. We need not, therefore, be
afraid of drawing the marriage knot
which chiefly subsists by friendship
the closest possible. The amity
between the persons, where it is solid
and sincere, will rather gain by it,
and where il is wavcring and unccr-
tain, this is the best cXpcdicnt for
fixing 1t. How many frivolous quar-
rclS and disgustS are there which
people Of common prudence cndcav-
or to forget when they lie under The
necessity Of passing thcir lives to-
gcthcr, but which would soon be
famed into the most deadly hatred
were they pursued to the utmost
under the prospect Of an easy Spara-
ton.
We must consider that nothing is
more dangerous than to unite two
persons so closely in all their inter
,sts and concerns as man and wife,
rendering The union entire
md total.
The least possibility ola separate
interest must be the source Of endless
Iuo els and suspicious. Tnc wi'r.
loL secure Of her establishment. W i'll
stir be driving some separate end or
,roit and the husbands sclIishncss,
,cing accompanied with more powc,,
nay still he more dangerous"
| will add to the argument, favor
rg "dr1wing the marriage knot c!u,-
'st possible"
There cannot be Il doubt that our
oOsc legislation upon the subject,
nd sill looscr administration of the
aw Of divorce, has cursed the State
With crime and misery in bringing
bout thoughtlcss and hasty marri-
gcs, large proportion OF Tic ill.,
ortunatcs taking upon themselves
heir marriage VOWS and OBLIGATIONS
he more readily and carclcs9ly, be-
ausS Of the slIp-shod provision o..
hc statute and their rickcty admin
stralior. II can be very wei seen t
Ow one Of the low instincts or Of ,
nGrals not the best GLASSES not TO be
verloOkGd by the legislature and |
ldiciary), would sacRrc him or her. |
elf in reflection, on the eve Of an 4
Engagement, or even marriage, that
he law Of divorce is easy, with many [
alrscs provided Tor its oblcntio !
nd they Ofa character quick Of i'm [
rpviSation. 80, if | am not satisf-
Il with u probationary welded life, | |
I'LL appeal TO the courts, and through t
hem dissolve my experimental @
Mon.
On the other hand. ii it Is under /
TODD that marriage is not to be trea Il
d so lightly, but that il j. the most a
OIemn ana binding Of all contracts.
nd when once ccOnsunmaicd is diS,O- I
Iblc for but hc one c0HSc. We will d
ilu III uIcS anu lCiIiHlCS HOt DiIN Niolt
aHtiaus, thoughtful and honorablcin @
heir afialcGs AID marriages, but f
much ofOthcr crimes VIII fasl t4hub J.
Ish itself through the courts, because $
shall have passed away.
To borrow from Lord Stowell, s
When people understand that they f
lusi live together except for very O
Nv reasonsiknoBn 10 tho lazy. they S
n, IN 10 soften by mutual sGcG!.,n,4. il
alton, tMat yoke which they lnow
ley cannot shake or; thoy be me t.
ood husbands and good "tve. ron @
lc necessity Of remaining husbands G
nd wives, for necessity is apowcr- |,
II master in teaching ilJ duty il
nposcs. lit were once understood Q
nat upon mutual disgust married Il
eoplG might be legally separated, Fp
lany couples WhG Hhw pass through o
,c world with mntuai n0,ninrl, with
n l