The home journal. (Winchester, Tenn.) 1858-188?, 1871-08-10
the most lccntious and unrcscrvcd

immortality"
. OF this last picture drawn by ih'
learned Judge, there are bnt few
members of the bar with experience
in the practice, who cannot call tC
, their recollcctions exact representa-
, lives.
Statutory innovation upon the sol
cmnity and bindinglcilcct Of the mar
riago relation has been ofslow grow Il
and of great popular dislavor unit.
within comparatively recent period
in the history of the law.
Blackstone, book |, p. llO-ll. says
, "ln cases Of total divorce, the mGWi-
age is declared null as hay ing been
absolutely unlawful ob Miiio, and the
parties arc therefore separated pro-
Satatc 0ntmdyum, for which reason
no divorce can be obtained but dur
ing the life Of the parties.
The issue of such mar iagc as i,
thus entirely dissolved, are bas-
cards.
Divorce 4 mcRSa ci MorO i. when
the marriage is just and lawful ob
tNiltO, and therefore the law is ten
der Of disSolvin% it, but for super
vcnicni cause, il becomes improper
OF impossible for the parties TO Iiv"
t)gcthcr, us in case Of intolcrablc III
temper or adultcrI in either Of the
pal .lcS.
For the canon law, which lhc com
mon law follows in this case, deems
so highly and with lch mysterious
reverence Of the nuptial tic that ii
will not allow it to be mIooscd for
any cause whatcvclS Silat arise after
the union is made.
And this is said to be built on the
div inc revealed law, though that en-
prcssly assigns incontincncc as a
cause, aud indeed the only cause,
why Il man may put away his wife
and marry another.
With us in England, adultery j.
only u cause Of separation from bed
and board, for which the best cason
that can be given is, that # divorce
were allowed to depend upon Il mat
ter within the power of either of the
parties, they would probably be en-
trcmcly frequent.
Roman philosophers, poets and ,a-
tirists held up to public Scorn and
Indignation the wanton and extreme
abuse Of the Liberty Of divorce"
Chancellor Kent, who has Just
passed from our immediate midst
says: ave meet with u great variety
ofpracticc and opinion on this sub
jcct in this country and in Europe,
and among the ancient and modern
nations, but the stronger authority
and the better policy arc in favor of
the stability of the MAJ ria"c union
Every lawyer in the lanu has been
taught not only that the Bible is law,
but that it is the source of law; it tsl'
found in every complete law library
as part thereof and tho standard
work therein.
Upon the ,rbc Of every official in
the Stltcs authorized or required to ,
oathJ it is found, by the ,,
law the most honorable and honorcd q
is not permitted to testify for or g
against ihC most humble or unworthy, =
except he appeal to God as witness to :,
the truth of his testimony, this appeal q
being made to the rcwardCr of truth
md aycnycr Of ialsehood, as he is a
Enown through the recognized truth :,
md authorship ofthc Bible :,
The officers Ofall tie courts, the ?
of the bar, in short, every :,
,lliccr in the land from lowest to +
highest, is required to take an oath, :
Ipon the faith Of his belief iU tl3 ~
ruth oflhc Scriptures, to faitIlluly :,
lisch1rg tho duty Of his Office. a.
The law discrcdils the iniiilcI All f
hcsc things are so because the Bible n
) the supreme law, looking to there. i,
ward or punishment Of its observer -
NJ violaors beyond the capacity and i,
ingenuity ofman to contr,vc or c5t.ib- "
iSh. Thus we acknowledge il the II
of all law, which must be G,
Ou>istcnt with and conform to il, o
lhcrwi$c il is not law. i,
Unless this is 30, tie swearing Of il
witnesses and others on the Bible or n
pon the faith of their belief in lis il
ruth, is solemn mockcry, and it 5,
would be far more consistent to f.
wear them on the Code or some n
tlndard criminal law book defining II
he offence and punishment of per-
ury. +,
In this authority, from WhiGl every {
yell defined right of person aud
ropcrty i, derived, we, flint Mat
lew, ch. 10, verses , to 10 inclusive, i
be law Of divorce stated in these in
'prdS, by our Savior: Ilo
"Thc i'harisGCS also came unto vi
i'm, tempting him and saying unto til
i'm, Is it lawful for a man TO put in
way his wife tor every cau,c: m
And lie answered and said unto e
ZEN, Have yc not read that he which tn
ladc them al the beginning, made tn
lcm male and female? cS
And said, for this cause ohalla man OF
ave father and mother and clDayc ih
, his wife and thoy twain shall be W
flesh. oh
W hcrclurc, lney arc no lllOfrlWain. iC
ut one flesh. What, therefore, God ch
nth joined together, let no man put Tel
,undcr. wi
They say unto him, Why did Moses sti
zen command TO give writing of by
ivorccmcnt, and to put her away? m,
lie satin unto them, Moses because wi
the hardness of your hearts, suf- or
red you to put away your wives, &C
IT from the beginning ii was rot is
). t9
And say unto you whooocrcr
lall put away his wife, except ii be Of
" fornication, and shall marry an lis
Lher. committcth adultery ;and who &c
maj Iicth her which i, put ev
vay doth commit adultery" Gel
Now 1 H.Vsi eiQet between slatu. fro