Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1871-05-08
Decision in a Divorce Case.

divorce case argued before him in the Circuit
Court of Loudoun county. The case was ably
argued by Gen. ..Hunton and B. p. n GLAND, for
complainant and NJ. Harrison for defendant.
-LresLwy Waslangtonitm.
This is, by far, the most embarrassing case
which has ever been submitted to my consld-
Grafton Questions affecting mere rights OF
property can generally be reduced to legal GER
tainty, and the weight OF responsibility shifted
by reference to precedent; but III this cause |
am called upon to look at the parties in, their
relation to each other in the most intimate and
the most sacred relations which human beings
can occupv towards each other, and to say what
are the reciprocal rights and duties growing out
| of that relation-which one OF them has been
derclct in the discharge of those duties, and
upon nv application of the law to the evidence
to render decree which must, of necessity have
an important influence upon the happiness and
welfare of the parties to this cause tor the rest
| of their lives. If this were all it would be suhi-
cient to make me approach it with doubt and
diflidcncc, but the future of 4 third party is
also to be determined, and the fate of an infant
is the stake which is played for. This bill is
filed By the complainant praying a divorce
from his wife, and the cause alleged is the will
full dcsertion of him by his wife The dcser
ton. rs Il fact, is not only admitted but proved,
and the wife pleads the harShncss, GOODNESS
and unkindness Of her husband in justification
of her conduct do not intend to consider
whether not the a,Mer of ah 6u W' n the {" d Hc
cussion of this case shall treat 1t Us though
| every alteration contained in it were supported
bv Uncontradicted testimony. The yerments
| Of the answer amount to this, that the COM
plainant was close or misery, if you choose: in
the management of his household atfairs-that
he was rude and boorish in his manners that
he treated the respondent with frequent un,
Kindness, that he was Of sour disposition and
of an ilftemper As long as husband sup
plies his family with the ucccssa1es OF lie, 1t
is not for the Court to dictate to him the style
in which he shall live-the law imposes upon
him the duty Of providing for his household,
and invests him with the discretion OF saying
what that provision shall bc-the laws OF nature
and of man alike declare the husband the head
of the family, and this responsibility thus I'M
posed carries with it the corelatlvc power to
manage his own domestic affairs IN his own
| way.
ffthc complainant was harsh and unkind, i'll
| word or look or manner, II was certainly VIC.
latiou Of his VOW to love and cherish her, and
he has rcaped, and will continue to reap the
reward Of his improper conduct but surely an
angry word, an unkind look, Il cold, repulslve
rude manner Il petulant temper and unamlable
DISPOSITION can not Justify wife i'll turning her
| back upon her husband and her home, III dis
rlptinr tic which is the closest that can sub
sisl, which is the foundation and the prop Of
our whole social system, If such causes can
Justify such consequence it would g" lar, III
| my opinion, to destroy the utility OF the mar
| riage relation Its indssolubity has been ever
considered as the greatest promoter OF that
harmony and domestic happiness which result
from mutual torg veness and compromise and
the knowledge that their destinies cannot be
sundered, must go far to induce each to look
| with lcncnt eyes upon those thousand causes
of annoyance and discomfort which must occur
in every family, and dispose both to overlook
foibles and faults of which each must be too Of
ten guilty. Locking therefore upon the bond OF
marriage ~ something sacred, almost holy III
| it's character, and except under particular cir
| cumstances, indissolublc in its nature, the
courts have been watchful to interfere with 1t
| only in cases Of the very gravest charactcr AND
to leave those causes which ordinarily disturb
the peace and happiness Of families to time and
the good sense and reylvIng affection OF the
parties.
If the husband is cold and unkind, the wife
must by redoubed tenderness and affection re-
yive his love and confidence, if he is rude she
must set him an example of gentlencss and re-
fincment, if he is harsh in his language she
mnst learn the soft answer that turneth away
wrath But admit that Notwithstanding all this,
there is that want of congeniality Of sympathy
between them which forever excludes the idea
Of happiness in the society of each other, the
answer is still plain the individual must suffer
for the sake of, Or rather for fear Of the ex-
ample to the community They have Of their
own accord gone into j lottery; they knew the
hazard they incurred, and if blank has been
drawn it is their misfortune !; it is better that
they should suffer than that perniclous exam
pie should be given to the community NOR
would it be, by any means, IN unusual Specta,
Gle to see patient merit with no other reward
than the consciousness of duty faithfully dis
charged.
am clearly of opinion, therefore, that the
desertion in this case was not justified in rea-
son, as it most certainly is not by authorities
which recognise no adequate cause short OF
danger to life, limb or health, Or to use the
language of some of them no ground will justify
dcscrtion that would not sustain bill tor d.
vorcc. The next question to be considered Is
which of the parties plaintiff or respondent
shall have the custody of the child. This is
indeed most difficult point to decide. Regard
must be had not only to the merits OF this con-
trovcrSy as between plaintiff and defendant, but
the welfare and happiness, present and future,
Of Il little girl are to be considered (Which OF
the two father or mother has the strongest
claim upon (which of the two, is most likely
to give it that nurture and training which will
fit it for usefulness hereafter. The ties Of love
and affection are equal, the natural claims are
the same and the characters Of these parties
are known to the Court only through this
record The husband is shown to be honest,
industrious, sober, correct in every respect in
his department, except perhaps want Of that
Kindness and tenderness towards his wife which
he should have displayed. His character in all
other respects is above reproach, SO far as the
testimony in this cause goes, and in addition to
this he possesses the means of rearing, educating
and advancing his child in life. The mother
on the other hand is without means save what
she receives from the bounty Of her father aud
his family; she has in my opinion too lightly
abandoned duties which she was bound BY re-
lgion morals and the laws OF society con- |