Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1871-08-12
SUPREME COURT DECISION.
John 4, l.RnIcr vs.. Janc I.Rnicr Dis
..N. Seuting Opinion. HE -a' IL
oI,INlNN.

1 \
months, from one to a lialf-dozen
and. sometimes more, suits for divorce
were pending with the mania fol
their institution and prosecution on
the increase, all attributable alone to
the loose and unmatured legislation
of the State. A similar condition OF
things exists in most Of the other
States of the Union, making the name
of the North American people almost
if not in fact by-word. ..,.
IagrcC with Mr.. Shclford, that
"Ihc general advantages Of indissolu-
bility as opposed to an unlimited
right Of divorce, are elegantly and
clearly demonstrated by Hume in
his Essay of Polygamy and Divorces,
where he observes, "If it be true on
the one hand that the heart Of man
naturally delights in liberty, aud
hates everything to which it is con-
fined, it 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 gratifying
it," Perhaps it will be said that these
principles of human nature are CON
Trajectory; but what is man but q
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 predominant on'any
particular occasion, according as cir
clmstances are more or less hvOra-
bic to it. For instance, love is q
restless and impatient passion, full
of canriccs and variations, arising in
a moment from feature, from an
air, from nothing, and suddenly cX-
tinguishing after the same manner.
But friendship is u calm and scdatc
affection, conducted by reason and
cemented by habit springing from
long acquaintance and mutual obli-
cations, without jealousics and with
out those fcycrish fits of heat aud
cold which cause such an agreeable
torment i'll tho amorous passion.
SO sober an affection, therefore, as
friendship rather thrives under con-
traint, and never rises to such height
as when any strong interest or neCcs-
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 uncer-
tain, this is the best expedient for
fixing ii. How many frivolous quar-
rolS and disgusts are there which
people of common prudence cndeav-
or TO forget when they Tic Under the
necessity of passing their lives to-
gcthGr, 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.
ests and concerns as man and wife,
without rendering thc,union entire
and total,i rsle's.. tefr .rHar
The least possibility of a separate
interest must be the source of endless
quarrels aud suspicious, The wife,
not securC Of her establishment, will
still be driving some separate end or
profit ;and the husbands selfshncss,
being accompanied with more power,
may still be more dangerous" .",71.' "a
| will addto The argument, favor
ing drawing the marriage knotclos-
est possible;%s ...,7rna o., s..s..h J,u,
There cannot be "a doubt that our
loose legislation upon the subject,
and still lo0ser administration of the
law Of divorce, has cursed the State
with crime and misery in bringing
about thoughtlcss and .hasty marri-
ages, a'hlrge proportion Of the I'M
iortunatey taking upoli themselves
thcir marriage vows and obligations
She more. readily anil carelessly, be-
cause of the slip-shods provision OF
the statute aud their rickety admins
istration.. 1T eau be very well seen
how ono Of the low instincts Or OF
morals not the Best Glasses not to be
ovcrlo0kcH byT inc Legislature aud
Judiciary, would secure 1iiin or her
self i'll reflection, on the eve Of &tfl
engagement, or'cRcli 9iIala'iage, 'tiiHt
the law oGidiWOres iscHsH with mNny
ecauScs provided Tor its obtmatien
and they,pGF sAaEpGteF uruiekSof JIM
provisatiOn, Spsi if Il ,Rm ,npt SatiSti,
cd with . probationary welded, lite, ]
will appeal TO the courts, and through
them dissoiytti itnSa eXpeiinicnTaI
union.l qdi io 1oiii's sdi'"l ia'aH.
Onthe,othcN lgiRl! tfIft Sls iandcr.
stootltliat maEFiaRcis IiOtAo tctECsa.
ed so lightly but thai IL lis s'tlle most
solemn and binding Of all. cDHtracts
and when once cQnNsuRmated issiSser
lublc for but HG one caHse. o,We,wpl
find nj alcs and females not only mere
cautious, tlieughtEtil ami honorable III
their Alliances dhd Hiniaff1agCs, but
much SfotheF crhneswiHHHil tdpub!
lish itself thF6ughthe cotnds, btcSibt
! il shall have ipassed' awaEgoIi'fH q
!, TO borrow, from. Lord StoMell
"Whon people .lndeFstapdlthat, they
must live. together except Cor o very
/ few reasons Known 10 thc, law, tlsS
learn to soften by mutual accomlno'
datiou, thTt yoke wf1fch IHcY Kii0N
they cannot3 biIakHs Sf > 81 JeC oPII(
l,Sood husbands and good wives f'oW
T The necessity Of feinaiIiiiig IhiispSnds
I and wites,fo heSGssify5Y SB0wGf;
full master IN lcdchipg tic, duly II
imposes. lGi( were eeupdarst0ol
that upon lnlptual disgust MAlSled
bcOpG mightp1bcslpg separated
4 inany couples who now pass tlniOugl
2 the world WitlfmUtdal comfort, VIII
l nttontf H. tolth6ir cbinih6ii Offspring
and to the moral order Of civil society
4 might fave bGut 1T {his momenhliY'
7 ing in astatc Of m9tual unkindpess
Tin state of cstrangement from thciI
common elslghSgPRl, In aes4tSq q
sfthc most 1iceft0Us and unrescrvef
immoplitya"' teasi,i;tnu $
> Iro OF this last, pictured by .tl'
u Io.,,,,,..L I,,1Yrn thnpC .aAtO ht1t Adm