Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1871-08-02
NOVEL VIEW OF OUR DIVORCE LAWS.

In a recent decision of the Supreme
Court of the State delivered at Jackson in
a divorce case, Judge Turney delivered
dissenting opinion, which hasattracted con-
siderable attention throughout the State
The opinion Is a very earnest protest against
the laXity ofour divorce laws, and YER,
just and forcible review of the evil results
following such laws. The opinion, as n
lecture upon the ethics of divorce, is wor-
thy of careful reading, and we doubt not
thoroughly consistent with the Judges
views of the subject
But as legal opinion il presents quite
different question and announces legal
propositions worthy of the most serious and
impartial reflection. The gist of the opin-
ion is that the statutes of our State upon
this subject are in direct and positive con-
flict with the Bible and the spirit of ius-
tice, and the divine law being the supreme
law it must prevail. He therefore holds
that the statute law enacted by the law
making power of the State on this subject
is null and void, and that the divine law
must control the decision of the court.
This is a novel, and we might say a start
ling proposition. The theory of our gov
ernment is that the Legislature, with the
concurrence of the Executive, and in GER
tain contingencies without his concur
renee, enacts our laws and the courts in
terpret and aid in enforcing them. In the
particular laws under consideration, the
law-maEing power whether wisely or I'M
wisely is not now the question: has pre-
scribed certain causes for the annuling of
the marriage tie. Being vested by the
people with the power to enact these laws,
their judgment is the final arbiter as to the
wisdom or folly, or the necessty of the laws,
and as we understand the division of DOW
err in the State, it is the sole province Of
the courts to interpret and apply those
laws.
But if Judge Turneys opinion is sound
law the courts not only construe and apply
the laws, but pass, upon their merits, an
nul or affirm them rs seems to them wise
and just. In this case Judge Turney holds,
perhaps, peculiar views of the divine law,
and the effect of his opinion is to say that
D'y construction of the divine law is in
conflict with the will and Judgment
of the law-making power, and / there
fore annul their legislation and affirm
my views of the Bible on divorce
as the law of the State. II we
do not misapprehend the argument
and conclusions set forth in his opinion
we have given the legitimate result of his
view of the law Our readers can readily
| see what uncertain and even dangerous re-
suits such an opinion would involve, and
we are glad the other members of the
court did not agree in the novel views
promulgated.
THE Louisville Commercial which pub
lshed the original of the JEFF Davis sleep
ing car story, accepts his denial and says
it only knows of the affair what came to it
apparently we'll authenticated" and
| hopes the scandal will be consigned,
| henceforth to that tomb reserved for such
stories upon men who are called upon to
bear the burden of unenviable conspicu-
! ity"
! On the other hand, the Cincinnati
Times and ChrOnic'c and Commercial, at-
tcr receiving Ddois' deaiod came out with
many additional facts and details Of the
affair, obtained from private letters from
Memphis and tile South, among which
are threats to the sleeping car conductor
] iTrioeyto'Ildaye Memphis and the cour-.
! agtonsand prompt manner ne net them.
.lAhese papeF7. make an apparently stronger
I easeithan over agGiHst The eErl'feTidcnt.
4 Furthcr rdcvdopptaats to- 3 ps likely t0 hn
forthcoming, ...'' .'.