New-York tribune., 1881-10-13
rFAnJYG THE STATE TO MARRY.

peals. Everyone knows that New York de-
cree of divorce contains clause forbidding
the guilty party to marry again during the
lifetime of the other. In several instances,
however, defendants have visited neighborng
States for n second marriage, and have re-
turned, bringing their new spouses with tnem
to reside here. 1t has happened four or tVe
times within q, year or two past that mar
riages thus made have been contested. The
lower courts have differed IN their views.
Some have pronounced these foreign mar
riages void, so far as this State Is
concerned. The general reason assigned Is
that while the courts Of this State should rec
ognize marriages lawful where made rs valid
here. vet this is only a rule of comfy .;
our courts should not carry it so far as TO re-
spect and enforce q marriage contracted IN
defiance of our positive law For if they do
the State has no means of carrying out even
within her own borders her policy OF torblddng
remarriages of divorced cutprit,-it can al
ways be evaded by crossing the river to Jer-
sey City for the wedding. Other courts have
thought that such marriages must be sus-
tanned.
The case in the Court of Appeals (Van VOOr-
his agt BrintnaD arose upon the claim OF
daughter by such q marriage to inherit her
deceased fathers share under her grandfatheTs
will. The grandfather left money which was
to draw interest during his widows lifetime,
and at her death was To be divided among her
children. One of these--a sOn--at the time
when the viii was made was married to Eliza
bcth but she obtained divorce from him for
his fault the decree fOrbidding him TO marry
again. He. Notwithstanding, was married. in
Connecticut, to Ida. This couple afterward re-
sided in New York. and there their daughter
Rose was born. At length the time arrived
for dividing the money left 10y the grandfather.
Roses father meantime had died. Claim was
therefore made on her behalf as his heir.
Her right was disputed on the ground that the
marriage of her parents was void and she llle-
gitimate. Such proof was made on the trial
as satisfied the Judge that the motive for re-
sorting to Connecticut for the wedding was to
cyade the law of New York; and he therefore
pronounced the marriage void. In OppOs
ton to this judgment, argument was made
in the Court of Appeals by Mr.. David
VI. Porter counsel for the young lady,
that a divorce necessarily unmarries
whichever NAV have been III fault, can there
after be considered husband or wife. Then
the prohibition is only a restriction imposed
by the State and cannot operate beyond the
boundary. The second marriage, if committed
within the State, violates the prohibition. But
if contracted in another State it does not, for
the reason that there the prohibition is
not in force. The Court of Appeals, upon
some such general view, sustained the mar
riage, reversing the Judgment below. We
are not informed whether any distinction
was suggested between the rights OF the
man and woman going abroad to marry
and those OF their children atterward born.
Whatever reason there might he for saying
that the individuals who make the prohibited
marriage should not profit by it, there would
be great hardship in applying the same rule to
their innocent offspring. Upon the view taken
bv the court below in this case, the daughters
inheritance was made IN depend upon her sue
cess IN cOllectng, fifteen or twenty years after
the fact. proof Of the intent-the secret men
tai purpose-with which her father went to
Connecticut for the marriage. This, if it were
law, would be very severe and unjust.
The chalrmen of the Republican and Grcenback
COMMITTEES of Mississippi have published an adj
DIR 50. supplementary TO the one published i'll THE
TmBUNE a few weeks ago. In the first address
they showed that the Commissioners of Election,
composed of the Governor and Secretary OF state,
had declined 90 appoint The men tho Republicans
had recommended for inspectors of election and had
appointed as the Republican representatives men
whom the Democrats could mani pulate. In thersup-
L. tl..a si,nv hu ITO fr m tnp
records of the United States Court that in at least
tI,irtaen counties men have been appointed to act
for the Democrats rs county inspectors or commits
sioucrs who have either pleaded guilty or been
found guilty OF fraudulent conduct IN the same
positions ut previous elections. Some OF them
erased names traudulent!y from the poll books,
Others failed to return the vote aS cast, Others re-
fused To- register votes others stuffed the ballot
boxes. Others obstructed voters at the polls and
others ntlmidated and kept voters from tn polls.
Yet senator Lamar and other leading Bourb0ns
aGyG oeeH gong SPoIl n has a sad he nSs the
result of the election will be satisfactory" VIII
he as an honest man say he thinks such methods
81 satisfactory
The Democratic barrel experiment has failed
again. Boolwaiter has gone 10 meet Tilden and
English.
IL Is not necessary to say much about the New.
York Democratic ticket nominated yesterday. The
news from ohio shows what will happen TO il.
Modcsty. next to hand-shaking seems to be Mr..
Boc>yalter', strong point. II, said the night before
election that the workingmen and the temperance
people were on his side, auG he expected to be
elected by about 1000 majority, adding: have
worked very hard. i have been all over the State
myself seeing everybody. organizing the work and
pushing matters everywhere. My Executive Com
mttco has done work. but il has been of little
value To me. Indeed, believe should have been
better oil tonight without their work. Ii We WIN
a victory tomorrow, II will be by my own exer-
tions and the party viii owe II 10 me personallS.
Ieci tbnt may honestly and With entire prOprlety
claim this" That is very handsome. Indeed IL is
murh handsOmer than anything wIhch any Demo
cratic journal IN OHIO has said OF Mr.. Bookwalter
during the campaign lie probably got tired oil
vaItIfu for somebody elso to say It, and concluded
10 say 1t himself. Ii is likely TO make the workers
OF the party very fond Of him.
il nla IN lie