New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-28
mining Of this external virtue flor there nothing ioi'
in tho world but external virtuo) begins-
LEGAL. ASPECTS OF THE SUIT.

d. la, rocures IN meet its exacons In reference TO such
suit as this And first what is the nature OF tho Su''
Il Is what is called for shoriness, cr'm con- acuoh' ny
which an injured husband is allowed to seek verdict OF
the ry and as consequent upon IT, pecuniary damages
for the invasion Of his family the sacrifice OF the purity
OF his wife, and the destruction of tho happiness OF his
household The action Ia anomaly offensive to our
civilization and grew up only under peculiar condition
OF the English law in respect to divorce Adherng 10 tho
stricness of the Romish Church. which mado marriage
sacrament and allowed never 20 be terminated except
by the highest religious dspensaton the English Church.
the In gsh nation maintained tho indissoubty OF the
marriage relation for any but adultery the highest
power the country being the judge OF that In other
words an act of Parliament being necessary for tho
dissolution, tho fiat of the Pope had been while
he remained the spiritual head Of all Europe. Now, Par
Lament would grant this dissolution only for adultery,
would require the proof Of that adultery not to be
made in adavits and deposiions confessions and con-
currence Of wish and agreement and falling to have
wrought but by public trial through the authentic and
Trustworthy mode Of determining questions OF fact by the
verdict Of jury in hostile not collusve suit ana LII
which the husband should have the means OF drawing an
adverse party the paramount into the condensation ana
then the rules of law your Honor please in maintenance
of this great policy Of society that there should be an
open proof in fact and by confessions OF the act upon
which the marriage tie could be dissolved and the family
dispersed maintained the proposition that CONCESSIONS
alone adequate for the maintenance OF the ISSUE
that the validity that the security that the purity OF the
marriage relation and its maintenance In go0d credit
as an example to the rest should not permit OF any
destruction of 1t except by proof OF the fact
Now the nature OF the act being secret and the more
elevated civilized the society the more secret PROOF
Of tho actual final guilty contact as OF the Dody OF the
crime was required but proof OF tie body OF the
crime was required proof OF conduct proof OF dsp0s
ton proof Of adulterous purposes proof OF enanged
affections sexual purpose proof OF open or discovered
~ nd hal
full desire and the prosecution Of the purpose OF its ndu
gencc, proof Of the opportunity, by COMPROMISING
drawing them away from virtuous ana honest nauhts
and scenes into relations which themselves carried i'm
putaon of unlawful purpose and of such length as gave
opportunity, and under such circumstances OF sup
posed security rendered 1t justly cohciu-
sion that the aduterous purposes that had peen
manifested by previous external conduct and the
withdrawal from paths OF innocent ana open
oompanionship into this or that situation foreign
to the natural and moral MISUNDERSTANDING tba say
opportunity Of personal contact with security. or opinion
of security, adequate substitutes, or adequate
methods Of proof Of the body Of the crime 1t is mis-
take to say that body Of the crime not required to
be proved in the that the body OF the crime
is required TO be proved in all matters OF 1udical con-
demnation. The distinction Ia that from the peculiar
nature OF the guilty act the facts and circumstances OF
external proof shall he Of that consistency and force ana
undoubtfu conclusion carry the secret act as the con-
sequence Of what has been openly seen and proved.
Now these the requirements of our law These facts
thus proved accompanying supporting confessions
that is confessions OF the party implicated In
the suit for confessions OF one party 90
not affect or conclude in the least another may
make adequate ground for verdict provided II
is made manifest to the concurrent Judgment OF all the
1uymen that the things proved are not reasonably com
pable with any other conclusion than that OF guilt so
cety law abhors this conclusion and refrains from it
except when, beyond oil reasonable doubt, and In the
varying minds OF twelve Independent, honest men no
other result can be reached.
More than in any other case the law fears here to
strike in the dark. 1t has made great concession
that the need not be proved If prove the
approaches the act by ocular witnesses Beyond that
concession 1t will not 60 than in all other issues OF
fact 1t is striking the absent and the innocent 1t is
inurng society by aspersng and discouragng the nst
tuition Of marriages. 1t is unsetng the faith OF man In
woman and Of woman In man; OF parents In Children
and OF children in parents and the law will not strike
the blow In the dark Moro than in any
other case is the feeling Of our humane law
predominant that 1t is better that ten cases
OF guilt should pass unpublished than that one Of limo
cence should be condemned In other cases the eonvo
ton Of the innocent touches mainly him or her. but In
this case it strikes the absent, and the infants, and
wounds society its tenderest point Now in this coun
try this action has had any respectablty about It,
Whyi Because the basis that made respectable In En-
gland was wanting: that is, in England 1t was neces
sary step vindcation of the husbands right TO
have divorce from the guilty wife, and the method OF
their law had provided this Of open and an adj
verse trial but in our country in State divorce has
always been Obtainable, not on any lighter cause
than adultery, but upon an issue framed in an
equity court, in which the husband and the
wife themselves were parties and the trial between
them the man and the woman and no Grim. con. was
necessary. And honest never had desire TO pro-
mugate their shame their wives shame their chdrens
blight only in the lower orders OF society," where
there was always suspicion OF speculation and money
seeking that this action found any hold in this American
society," And 1t has attracted the notice Of political
moral and religious thinkers in En- Gland why 1t was that
these felt 10 be most discreditabe actions no matter
what their result their Justification in fact and wero
wholly discarded in America, and they found out
the reason and they have opened their courts OF
prol ate and divorce, equivalent TO our equity prs-
dction to try the direct issue between husband and wife
for divorce. And what have they dOnef They have
said to these parties, al" you don't want divorce you
can't have any action for GRIM that Is abolished
II you DO want divorce you may also pursue the guilty
paraour by joining him in the suit and you establish
your right TO divorce you may have, as consequence
lust Judgment against him in the way Of punitive dam
ages but the money shall be secured to the wife long
as she penitent and chase" Now, that that Is
tho treatment Of the question that belongs TO an ntel
gent moral community; and look. as consequence Of
this suit In experience, to see our Legislature
purify law and our courts in the same way. Now
look you; husband, although he has a guilty
vito, cannot get q divorce from her either in
England or here II he is also gully husband, and he
cuot pursue the paramOur in England for debauchng
bis vito unless lac can get divorce from tho wife, and
therefore guilty husband does not find any encourage
ent FOR complaining that his wife las done an injury to
him. Again, the law of divorce has always been pure.
II las said, and insisted upon it, owe will aowno specu
laton Oh this subject at ALL not an instant Of it, If you
NJ Runv Of
show your respect the purity of marriage show your
respect for yourself and your virtue. show your
yndication of tho institution Of marriage by resOrting
openly TO tho law for relief; but II, pity from