New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-12

give Mr. Itons have aid Mr. Tlton said
this, or Mr. Tlton said that know that have not con-
founded impression Of mind with the remarks that
he made
WE'LL have you given more than one expression that
remember to have been used by Mr. Titonf IL very d
1cult-
@ Well have you given more than A. Well, don't
know that have given but very few -
@ No, but have you given than cne' A. don't
remember anything except what he spoke abouhe spoke
about-that which repeated; have repeatedly stated
@ Well, you the question. A. think nave
gwen you two.
O. What they, A. One that this was-all these
laws this subject which treated otherwise than contract
invasion Of the reserved rights OF the individual ana
another was, when / made the-when related
| the experience that Chief Justice Chapman had
| related to me- I remember he msde an ex-
camation there that the whole system was Infamous;
| says he" Well how any man VI remem-
Der he put this question: says How any justify
system which promotes and fosters such peues and frauds as
those" and he said ALSO right In that connection, How
mnch said he show much better II would be to leave th
with parties settle themselves rather than to re-
qure them through that farce OF legal proceeding ana
terrifying 1t by the perjury which You have related
Well anything said upon this feature OF the subject
that marriage contract be regulated by the con
tract Of the parties that either party could insist upon per
Torrance OF the contract or II it broken that either party
could Insist upon the breach OF 1t! A Yes, Sir there was
something said on that subject.
of the opinions which Mr. Ton expressed leaving
TO be settled by contract
Leaving 1t 10 be settled by contract A. Yes, Sir yes
Sir
O. And In the view which have just expressed 1t to you
by the law as applicable to ordinary A. Yes, Sir
remcmberI remember he put that FORM that that would
be very much preferable; also
@ Yes you have answered my question, unless you
argue this pont' A. No; don't want to argue it.
@ Very well, then; content yourself with answering my
question.
Mr. Eyars-Hc also said what he had right to state
The Witness-I going to adj what Mr. 1ton added
O. Well didn't ask you to add what Mr. Tton said. A.
Well won't do It,
@ Well you anxious to do it, you may. A. No;
am not.
@ Well you may state it. A. don't wish to have 1t put In
as a matter OF anxiety on my part
@ Well, think you manifested A. No; you have
been quite sharp stopping sometimes when was over
stepping the bounds. and don't want oversep them;
don't overstep them
Now. did 1t TO you in the Of that argument
discussion that after parties entered into contract OF mar
rage either party insisted upon the maintenance OF the con-
tract so long unbrokcn it could not be set asdc'
don't remember that-in that form; don't remember.
@ WHAT A. don't remember it In that form
q 1t did not you In that lght A. No. IT didn't
Mr.. Titon didn't present in that light
@ No; ask il it occurred to you in that ght' No,
Sir
O. II marriage was civil conrract-maer OF conract-hat
the be maintained fnlned ana
either party insisted upon its being msinaned' A. Did
O. That didn't occur your A. Occur to my mindf How
do you mcan did that occur my mind or did Mr.. Tion
state that!
O. No. Sir ask il that occurred to your mind OF the
results the proposition that marriage civil
A. No. Sir it to my mind that that would not be the
result
@ WHAT A. It my mind that that would not be
the result.
O. That is IL contract OF marriage entered into by
parties and recognized by the law OF the locality matter
OF contract that that contract would not be upheld by the law
50 long fulfilled and the party either party insisted
upon A. Yes Sir that Is just what have
now as understand it, the result is that away
away the Law don't enforce the contract
there specific performance the only remedy divorce
@ There is specific performance, do to say
that A. The law provides for specific performance Of
marriage contract
O. The law don't provide any enforcing the duties
arising out of the marriage contract A. know OF none
there remedy there is penalty, that is divorce.
O. You don't know any law then, which enorces the duty of
husband to take of his family A. We have one
in Massachusetts AMI thnksncc you put the question
think oneI heard Of being enacted in New York
some time ago got last Winter in Massachusetts,
O: Yes we'll did yoa hear that il principle OF the
English law that the marriage relation
spect coald be enforced? A. No, Sir don't understand 1t to
be the principle OF English law.
O. Don't? A. Or to have been. What do under
stand you will allow Is that where the marriage contract
is entered into and is fulfilled that there punishment
for the breach OF the contract but nothing the Of
remedy enforcing specific performance.
O. But am talking about specific performance A.
thought you were.
O. You cannot lay bill in equity force 10
loye' A. Or TO live together.
O. Whaty A. Or toliyc together II they won't do it,
O Doesn't the law afford remedy, A. Yes, penalty
O. No; doesn't afford other remedies besides penaes'
A. II is penalty Sir understand it understand the
whole theory Of the law Of divorce
O. am not talking about the law Of divorced A. Yes; you
@ No. am not We'll, then, we don't understand each
other.
O. 1t very likely A. talking about the law Of divorce
O. Well am not am talking about the law OF marriage
A. am talking about tho law OF divorce
O. Now do you not understand Sir that there are legal
means by which marital duty OF the husband to support his
wife and family enforced, Oh that Is another
thing / understand that partcIn be enforced.
EMINENT ADVOCATES OF WOMAN'S EMANCIPATION.
@. Very well did you in that conversation no
ee any reference which made To essay OF John Stuart
Mil upon the subject Of the subsection of women A Yes,
Sir that referred to.
O. Was it talked Of? A. Yes Sir.
O And WAS it in that conversation matter OF conversation
that Mr. John Stuart Mil advocated social freedom in that
know that that is thc-hat John Stuart Mills position in
book and that referred on this conversation by MIS-
Woodruff and Mr.. Tilton As
Otttart mi m