The Republican journal. [volume] (Belfast, Me.) 1829-current, 1875-01-14

80 framed Rs to clearly require this, without
any riUN lsiUn for it, evasion. The-c0nstitutiOn
provides Tor rare exceptional cases where in
teri ention of the pardoning power NAV he wise
and Just. ifle@slators are not ready, SO i;ll a.
the statute goes. to uncquIvocaily and finally
provide that the penalty tor murder Of any de-
gree shall be death, then there can remain but
one consistent course, and that is 10 establish
imprisonment for life Us the penalty, and pro
vide for its prompt, sure and uniform enforce
ment. No principle of criminal law is better
settled than that the certainty OF punishment Is
more important than IFS severity.
OUR DIVORCE LAWS.
Under the existing laws Of this STATE. Il
divorce from The bonds OF matrim0nN may be
dccreed whenever any justice Of the Supreme
Court deems il reasonable and proper, con-
GuciVe to domestic harmony and consistent
with the peace and morality Of society: and The
court j, required to grant Il divorce when ii ap-
pears thai there has been three years Wltui
dtseltion OF abandonment without reasonable
cause, and may DO SO for less period. As
hearings on libes may be and usually arc held
under circumstances which render it difficult
fol the court TO reach all the facts--the libellant
being usually the Only person represented and
publicity being avoided so far as possitle.-and
a. DEGREES for divorce take effect at once and
reease the guilty as well rs the innocent, it is
by no means surprising that under SO liberal
not TO say loose Il statute, divorces are rapidly
multiply ing, until it has been ascerlained from
official sources, that 4S7 have been decreed il
this State during the past wear nearly hal. oi
them for Geserton.
hus the alarming fact confronts US that IN.
der the operation of our divorce laws very near
IL one marriage out of every thirteen coneuin-
mated III this state, is subsequently Judiciaily
dissolved. The knowledge Of so grave Il fact
Will undoubtedly give You, rs IL has M sell
seriou. concern, and lead to an inquiry as &c
whether our div Ulce laws do not require amend
ment. surely, every good citizen can but re-
60, ,niZe the vital importance OF cherishng the
deepest convictions OF the lnastilnable value
aud sacI eduess Of the marriage bond. This is
demanded mol simply fer the reason that in the
family relation there are found the healthicst
influence, and purest happiness which this lie
affords, bat also and especially from the fact
that here i the home Of the children and the
hope Of the State. When the -acredness of the
family is lost sait Of, the life of society is IL
danger Of being corrupted in It's source. 1t has
been irulg said ths government SO depends Oh
the lie Ot home, That tor Ii homeless community
anarchy or despotism would be the only alter
native.
Ii our div orce laws aye to leave so absolute a
discretion to Il single jud9e,-Which seems to
me YelV questiOnable,- provision should be
made To- secure more satisfactory presentation
Uf the facts and arguments bearing against the
application for 4 dissolution Of the marriage
contract he present statute leaves out of
sigh the fact that in addition to the Ilbcllant
and libellee, there Is Il third party, viz, the
public, deeply Interested in every divorce case.
| suggest whether it would not be wise TO re
Quire the county, ATTORNEY 10 represent the
Stale at the hearing OF Il libel for divorce, and
10 resist the granting of Il decree. also sug-
pest that instead of having DEGREES for divorce
take effect when made, ali such judgments be
simply interlocutory, TO take effect one year
after being made, unless dissolved in thu mean
time by the court.
This mode of proceeding would serve to
guard against fraudulent representations, and
give opportunity for affection and reason to
resume their Jightiul sway 1t can be hardly
than that supposed grievances which,
unticr less accommodating laws Of div ofce,
would be patiently and even cneertu.ly borne,
and differences which time would reconcile to
mutual advantage, are under our existing sta
tutes often made the occasion for the hasty and
uuWiSe Sundering OF what should be the most
sacred and enduring tie on earth. Nothing is
better settled than the fact that laws which
make divorces easy to lie obtained, encourage
hasty and il-considered marriages. And moth
iug cOnuuces more to that mutual Difference
and Performance on which domestic harmony"
so much depends, as the conviction OF the
parties to the material contract that they have
taken each other for better or for worse until
death doth them part
IMPRISONMENT FOR DEBT.
Although our laws authorizing Imprisonment
for debt were long since modified so rs to large
y mitigate the evils of so extreme a remedy
tor the enforcement OF the rights of creditors,
vet they seem to Inc unjust and unWlse. Prac-
tlcally they rarely aid III the collection of claims
against a dishonest debtor; it is only the honest
but unfortunate debtor that is reached by them
Jur criminal laws ARE already sufficient or
may be made so, to reach the dishonest debtor
guilty OF fraudulent acts. But statutes which
the Imprisonment Of a penniless uebt-
0r who cannot secure the means to pay the
costs Of disclosure, where 10 fraudulent prac-
ice or intent is alleged, operate injuriously TO
The interests OF Industry and trade, foster an
unWise use Of the credit system to the ultimate
disadvantages Of the creditor and the not untre-
luent oppression Of the debtor and his unot-
tending family, and are contrary to q sound
public policy and the spirit Of the age.
RIGHT oF WOMEN TO HOLD oFEICl
In response TO questions pr0pounded by the
Governor and Council. majority of the Justices
Of the supreme Court have given mn opinion
mat, nhuer The constitution OF Maine, women
3onnot act As Justices OF the Pence, nor hold
thy other office mentioned in that instrument;
Jut hat 1t Is competent for the Legislature to
authorize persons OF either sex to hold any min
sterial office created by statute. As there can
be no valid objection to, out on the contrary
great convenience in having women who NAV
be acting rs clerks IN pubic or private Offices
authorized to administer oaths and take ac-
OF deeds, | recommend the pas
sage of an act providing for the appointment Of
persons Of either SEX, 10 perform such official
duties. Indeed, # further legislation be neces-
.arv to establish that principle, | suggest the
Justice and expectancy Of an enabling act rec
)gn2ng The eligibility Of women TO Office, IN tie
same manner as men; for | know Of no sutIl-
2ient reason why woman, otherwise qualified
should be excluded from any position adapted
TO her tastes and requirements which the peo-
pie may desire she should ILL.,
REVISION OF THE CONSTITUTION.
AS it viii be necessary for the legislature to
provide for the submission to the people at the
annual state election in September next Of an
amendment OF the constitution ebolisbiug the
office Of Land Agent, I suggest whether it
" ould not be wise to unite with this proposition
such other amendments OF the fundamental law
Of the state as may be found necessary Indeed
it seems 90 me that no more favorable oppor-
tunity could be had to secure such careful re-
vision OF many features of the constitution of
the state, Us has for some time appeared 10
many thoughtful citizens to be desirable
tIttN-hVe Years have passed since The congti-
tuition WAS framed; almost Two generations
have come and gone; and the conditions Of life
and demands on social and political organiZa-
ton have so changed Us to require important
in the fundamental law of this, as
well as other states At different times within
Tie past thlrty-hNe Years, we have endeayored
TO meet these demands by disconnected amend
ments, until our state constitution has become
II piece vi legal patchwork, in which the patch
es and out-ot-datc shreds cover half OF the
thlrty-tWo pages which the revised statutes de-
vote to the instrument, and the casual reader
often finds it difficult to understand what is the
law of the state. But aside from
these difficulties, not to mention the ambiguity
OF some provisions, many vital questions are
untouched which ought to be put ut rest
The constitution provides only one WAY to Sc
cure modification Of any of It's provisions
fwo-thirds of both houses Of the Legislature
must first agree on amendments to be proposed
and then such amendments must be ratified BY
the people at the next annual election in Sep
TENDER. 1t is obvious, however, that amid the
pressure Of the ordinary legislative business
during the brief period allotted to the session,
no committee of the legislature can give that
prolonged and exclusive attention requisite to
the careful consideration Of the various mpor-
tant constitutional questions which are claiming
public attention. At first thought, there might
st eM 10 be propriety in summoning consti-
tutional convention; but The doubt which exists
in some minds as to the propriety of doing this
without first submitting the question to the
people; the delay which would necessarily
ensue; the great expense Of such convention !;
the unsatisfactory manner in which so large
bodies, composed in great part Of men having
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