The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1873-05-30
Mixed Marriages--The Custody of
the Children.

children Dorm OF marriages between
Roman Catholic and a Protestant is on
ofpeculiar interest; and in this coun;rl
where each religion has such vast mum
bers OF followers and where intermal
rage is more frequent with every su,
cessive year. il is question OF the great
est Importance.
Unthinking girls and ardent youn
men look upon this As conflict OF an
thority which can never arise save H
the event OF legal separation or n Iii
vvrce. and that TO lovers is an inpossi
Die contingency. But when either tin
husband or the wife dies leaving youn!
children. and the last expressed wishe
OF the deceased parent arc contrary {,
those OF the survivor, whose authorit,
Is to prevail! Or in the lifetime of boil
parents when their views are at variance
as to the education or instruction of an,
particular child, whose wishes is Ia
govern! This is liable TO occur i'm the
most happily constituted marriage, when
there is not the slightest danger OF =
separation. For these reasons. the de-
cisions of courts of law on this subject
should be made know in order that
those about to enter into a mixed mar
rage may clearly understand the powers
given TO them or the duties incumbent
upon them under certain circumstance
The Lords Justices of Appeal render.
ed decision in the Court Of Chancery
in London on the 9th of Nav i'm the
case OF Andrews against Salt, a case
which has excited interest in England
for some time past because it involved
many of the most difficult points with re.
gard to the custody of mixed marriages.
This decision is one of the most impor-
tant on this subject in the English re-
ports.
Thomas Andrews. the father of the
infant plaintiff. Mary Ellen Andrews. a
girl now about eleven years old. was n
chemist IN Liverpool, and was ALWAYS a
Roman Catholic. In March, 1854. he
married Miss Ellen Fleetcroft. who was
Protestant, and resided i'm Chester.
On the day the parties became engaged.
IN a conversation in the presence of the
lady mother respecting the difference
OF rel non between them. it was for
'nai agreed that if there should be
y family the girls should be brought
I! as Protestams and tile BOYS as Cath
olics. A boy, Francis Xavier. was af.
terward born, and was brought mn as \
Roman Catholic. In MAY, 1862. tieI
daughter Mary Ellen was born. and in
the following June she was baptized by
q clergyman of the Church of England
Ill Chester At this time Mr.. Andrews
was very i'll of consumption, and togeth-
er with his boy was supported by his
relations in Manchester. His wife and
the little girlr were supported by her
relations in Chester. The testimony
varied as to the fathers having APPROX
ed the baptism of Mary Ellen as q Pro-
testant; but it appears that he did not
take any active steps to prevent the
baptism, whatever his secret wishes NAV
have been.
On the l4th Of February, 1869. two
days before his death. Mr.. Andrews
made will in which he directed that
his children should be baptized and
brought up as members of the Roman :
Catholic Church. lie also appointed
Joseph Andrews, his brother. as their
guardian to carry out the provisions of
Inc Will. Mrs. Andrews arrived nj !,
Manchester the day after her husbands \
Heath, but was not informed that her 4
husband had by his will directed tha,
her daughter should be brought up as
Catholic. Her husband left no assets
ind after his death the entire expense of
he boys education and maintainance
vas sustained by the parental relations
Ind principally by the boys uncle and
Guardian.
Three years after the death of Mr..
Andrews his widow married Mr.. kel-
ey, and went to live in Liverpool. The
little girl, Mary Ellen, who ince her 9
birth had been in their household, con-
inued to live with her grandfather and
grandmother, Mr.. and Mrs. Fleetcroft.
M was educated as a Protestant. The
'ncle saw her occasionally, but took no
tops to assert his authority as testament
airy guardian until the end of March.
81, when he demanded of Mrs. Fleet
roft that the child should be given mn
Q him to be educated as a Catholic.
his was refused positively in a letter G
written by Mrs. Kelsey in January. 1879
n the following February joseph An
rews applied to the Court of Queens
'ench for writ Of habeas corpus. The
ase was argued, and the Court held
that Notwithstanding the lateness of D
ne application and the apparent harsh
ess OF such proceeding toward tho
Grandmother Of the Child, we have no
secretion to refuse the writ and we A,
mould be bound to hand over the child
the custody Of the guardian as the y
My custody legally free from re- eh
Iralnt." An application was then made
Vice-Chancellor Mains for an iniunc-
on to restrain Joseph Andrews. the
ncie, from interfering with the custody
I the child. The injunction was grant. bu
q. The upcie appealed from il. and
ne appeal was argued before the Lords 1
Justices al 'Lincoln's Inn. The Rev, :"
gorge SALT Rector Of st. Budgets. in
hester, was appointed the chapcerv
uardian Of the infant whence his an q
earance in the cause. ~ T.
Lord Justice MelIish delivered tho =
ldgment Of the Court which T. go