Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-11-03

inflrmtues ana charitable CONSTRUCTION
of each others conduct, il would be
better for them, better for their new
= born offspring, and better for society al
large let it not be understood that
this court has any sympathy with that
mischievous error, that courts should
disregard the statutes of the state,
which they are sworn 10 execute, where
q proper case for a divorce, under those
statutes, is made out. But let 1t be
clearly understood that the court has
less sympathy with that grosser and
more dangerous error, which is being
disseminated by goddess men and wo-
men, that marriage is purely civil con-
tract, to be dissolved at the pleasure OF
the contracting parties, because of every
uneongeRiality Of temperament or do
nestle lnfelicity. The one binds for life,
and possibly for eternity, refined wO-
/ man to brute, while the other destroys
the sanetity Of that relation, which is
the proudest boast of civilization
and Christianity, and opens wide the
4 door to freeloyeism and open pros
titutiOn. Whenever and wherever
woman descends from the lofty emf
nence of mother in the household, ac-
( corded her by the Christian religion
| when she swings away from the safe
anchorage of her husbands and herchil-
dren's love and the duties and joys OF
/ home, she launches upon dangerous
| sea-dangerous to her to them and to
society-there is then just cause OF
| alarm for domestic peace, social happi-
ness and governments at large. And
whenever and wherever the wife, becOm-
ing dissatisfied with her husband, her
wifely duties and matronly responsible
ties and joys, can, for trifling causes, Oh
| tam divorce, society is out of joint and
runs swiftly to destruction. Much, too,
can be said of
THE CRIMES OF HUSBANDS AGAINST
WIVES.
How, often, by cold Indifference, they
I freeze up the fountain of their love; by
4 injustice and unkindness make the gen
/ tie heart bleed; by earelessness wear out
the sweet recollection of past manifesto
/ tiOns OF admiration and respect-and
/ this case affords an example of these
| sndsometimes, by their infidelity, wiring
| the very soul with agony, bringing dis
4 honor upon themselves and shame upon
their children and disgrace upon the
/ whole family. And that society
which looks upon th conduct last men
\ toned with anything but the severest
rebrobation, approaches dissolution.
Now, our statute preserves the mean
/ between no divorces on the one
/ side, and divorces, for trifiing causes, on
the other. 1t grants them, but only for
great, good reasons.
Our Supreme Court constituting these
statutes, confirm these views. In Shell
rs Shell, Sneed, rs, they say: 1.-THE
/ facility with which the solemn contract
Of matrimOny is now dissolved is just
cause for alarm in the minds OF those
who put a proper estimate upon that i'll
/ stitution. This should be regarded by
all as the most important Of the dOmes-
| tic relations. 1t involves the greatest
/ happiness Of individuals and the best
interests of society,"
In large majority of cases, if
it were not for the fact, that
A DIVORCE is so EASILY OBTAINED,
the little differences, resulting from un-
/ fortunate temper, sudden passion or
want of due consideration, or wrong
notions of what is due from one to the
other, would be reconciled, and the par
| ties and innocent offspring saved from
! the reproach that is often brought up on
the parents, by the exposure Of these
! contests
Further, say the court, before divorce
should be granted, it "should not only
appear that she (the wife felt she could
not bear such treatment, or that she
considered it improper and unsafe, for
her to continue under the control and
dominion of her husband, but it must
| appear from the facts, that the causes
set forth in the statute, really eEiSted for
such feelings and cORciuSiORs.1
In fact the above case in its facts was
very much like the present, but stronger.
There the husband two weeks after
marriage refused to let his wife go to
see her parents, refused to let her go
with her sister to campmeeting, gave
her no money, abused her relatives,
charging them with being drunkards;
would not allow her to carry the keys
of her own household, threatened 10 choke
her, drelV back and strongly threatened
to strike her, or whip her, but did neither,
which two items of outrage are not in
this case. In commenting upon the
facts of this case. the Supreme Court
say, and l adopt their language in the
case at bar, "though there is certainly
much to condemn in his ,the husband's)
conduct, yet il is not of that character
contemplated by the statute, to author
ize the rupture, by judicial hands, of the
bonds by which they are bound together.
HER CHARACTER FOR ANIIABILTTY
is proved to be good before marriage,
and his temper was bad aud needed
much control and amendment" 1.-THE
agreement made at the altar to take
each other for better or for worse, and to
cleave unto each other until separated
by death, required that much should be
borne, and every possible effort made
by both, to overcome all obstacles to
their happiness.D HShe may
have madea bad selection for husband,
but this is her misfortune, and the courts
cannot relieve her until a case under the
statuteis made out. Itnever was intended
that the single fact that the parties be-
come dissatisfied with each other should
constitute ground of divorce. Such
principle would be ruinous TO society,""
And the court refused the divorce in
that case. 1t was intimated in the az
gument of the case at the bar, that de-
fendant's frequent complaints of COM
plainant receiving the attention Of other
gentlemen was a charge of adultery
against her. From the testimony the
court is perfectly satisfied no such charge
was meant, and as perfectly satMfed
that complainant did not so understand
it. In truth, if these parties will reassume
their cOnjugal relations-strive as hard
to agree as they have heretofore to disa-
gree, bear and forbear, each taking an
equal share Of life's troubles and sOr-
rows, each sustaining and comforting
the other, and both turning their faces
away from the past, forgiving and for
getting, making their newborn son the
pledge of reawakened love, mutual
confidence and respect, and above all,
putting their trust in that God in whose
/ presence and with whose invoked bless
ing they were united in holy wedlock,
the future will yet be bright for them
and their child-their friends viii re-
joice at it, and society at large receive
the benefits Of happy, prosperous fami-
ly. The decree of the court is that the
divorce be disallowed, that defendant
because he is not without fault, pay the
costs.
C. W. HEISkELL, Judge.