Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-08-25
DIVORCE.


We publish this morning the dissenting
opinion of Judge Turney of our Supreme
bench in the case of Lsnier vs. Lanier
upon the subject of divorce. This opinion
has been extensively published and has
provoked much comment, both from the
religious and secular press. It bears the
marks of that boldness of thought for
which Judge Turney is noted He takes
the position that the Bible is the founds-
ton of our civil jurisprudence--as shown
by the fact that no one, however much
esteemed among men, can be indicted into
Office, or even testify in any court of
Justice, who does not believe in God.
And, that being the basis of our social
and political system, it is the higher law
to which the civil law must yield when
ever they conflict. Therefore, inasmuch
as the Bible expressly prohibits the grant,
ing of divorce RAINY cause save adultery,
the new causes laid down by modern le-
gislation, and which are yearly incress-
ing, are in conflict with divine law and
void. This may perhaps be stating his
position rather strongly. Nevertheless
that is the bent of his doctrine.
Without stopping to inquire whether
his premises will bear the test of strictly
logical analysis, we may safely assume
that he is striking in the direction of 8
great public and social evil, and that in
80 far as it may have tendency to arrest
public attention, and direct the moral
effort of the country to correction of
it, good, great good, will be accomplished;
and that from no source will the legisla-
ton of the country be more readily in
fluenced than by the wise and prudent
counsels of the bench.
Marriage is the foundation of our social
system. All government commences
with the family. The relations of hus-
band and wife, of parent and child, po-
litically considered, are the most i'm.
portant of all relations. Whatever in our
laws, habits or customs, tends to loosen
the ties of the one, or to weaken the
authority of the other, acts like the
canker worm which does its work at the
root, and withers, perhaps imperceptibly,
the gnarled oak that has 80 long furnished
US with its delightful shelter and pro-
lection.
1t would be enliVening, as well as prof
liable to refer, briefly, to various theories
being advanced by modern socialists;
and to show that while society has been
slow TO acknowledge the correctness of
their premises, there has been an increas-
ing tendency, both in the legislatures and
courts of the country, to practically &C
cept those premises. ...8s. b
While our law makers do not admit
that want of ''af1nity" is one of the
statutory causes for divorce, pretexts al
most, if not equally frivolous, are fur
nished for disrupting the marriage tie,
and giving application, virtually, to that
doctrine.
That this evil has been permitted to
grow upon US SO rapidly, with no greater
effort on the part of the Church TO stay
its progress, Is a matter of profound won
der, and argues degeneracy in the NOR
al force of that great conservator of So
ciety, truly to be deplored.
We have not seen the opinion in this
cause OF the eminent jurists who consti-
tute the majority of the court, and are
therefore not prepared to speak of its
reasoning. However, while we are not
to adopt the conclusions 10
which Judge Turney's opinion might
eventually lead in overriding the law of |
The land by appeals to disputed points of |
biblical authority, We do cordially well
come his dissenting opinion as one calcu-
lated TO arouse public attention to the |
outrageous evils of our divorce legislation, |
with the hope that it will have a benefi-
ciaP effect in checking the tendency in
modern legislation to free love or affinity
selections.