The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-01-25

drew that report ought to have known
that South Carolina has returned TO her
former laws, after trying the change which
we are invited TO make. She tried the re
formation and discarded IL as pernicious.
The minority have fallen into ike blum
der in referring to Old Virginia. That
grand old commonwealth, by her code
adopted in 1870, made the husband aud
wife incompetent rs witnesses against
each other. In no state on earth Is the
conlugal tie held more sacred, and no.
where are its triumphs in rearing good
men and women more manifest than
there. Sir, L am utterly opposed, for
many reasons, to this new idea that
husband and wife may swear themselves
loose from each other when they please.
We are passing too many laws; innova-
ton Is the order of the day. Nothing CEN
seerated by time or experience Is held sa-
cred, and now il Is proposed to put
the knife to the root OF the whole
social fabric by making divorces more
easy. They are obtained too easy now.
Your doekets are crowded with applica-
tions for divorce, often Matched in collu'
sion, and this proposed law would be a
standing invitation to multiply them. For
one 1 belive that every law which per-
mits u man or woman to swear ia their
own suits, ought to be labelled can act
to encourage perjury" Let the senate be
consisteI with itself. Only two days ago,
by an overwhelming vote, you declared
that parties charged with crime should
| not be witnesses In tnelr own defense:
| By as much a. society Is more interested
| in the permanence and sOundness OF the
marriage bond, than il can be in punish
| ing a petty offense when the fine is twen-
| ty-fiye dollars, by 30 much is IL more i'm
portant that the lips OF the married part
ners shall be sealed, when they seek to
dissolve their relations. Pass this law
az RNr
standing Invitation to imprudent and
| hasty marriages. A contract so easily
dissolved will be hastily made and lightly
| valued. Every scOundrel who finds q
pretty face, when the one by his side be-
| gins TO fade, has o1ly to walk into the
courthouse and swear himself loose. Love
| at first sight in palace cars Will be more
| frequent, for its evil consequences can
| be avoided at the option OF either party,
| who Is willing TO swear when reason re-
sumPs her sway. Divorces are procured
| too easily already. Let people know that
| the pledge before God TO take each other
'Tor better or for worse" means some
thing, and marriage will become a more
solemn thing, to be ventured ON only when
the affections and the judgment are both
| exercised.
Sir, on the subject OF divorces l am a
Catholic, and believe marriage to be
sae' ament, If every Protestant on earth
er man spoke told us that the marriage
bond made the "twain one fiesh," aud
that "what therefore God has Joined to-
gether let no man put asunder."
pass as ur worthy oil notice the remark
| In the report that thew had no cbimneys
in the time OF Henry VIII. and that our
| ancestors failed TO wash their faces.
Neither these nor the facts mentioned
| that we have railroads and telephones,
can furnish an argument for overthrow
Ing, in our thirst iOr experime nt, those
rules of policy and justice cOnsecrated by
time, approved by human experience,
anG applicable to all ages. There II not
a rule affecting human rights ia the Eng
lish common law which was not pur-
| chased by experience, and often with
blood, and 1 oppose rash innovations.
Legal reforms in this country have
Travelled westward like emigration. The
idea OF this bill originated in New Eng
land and was first adopted by manv of
the northwestern states, notably in Hi
no;s, and for twenty years we have seen
| lawyers cards from Chicago published
| with the special notice, divorces OBJ
tanned as q specially" [ want no such
crew of pettifoggers debauching society
here in Texas. When the late war was
over these ideas with many others were
| engratted in the legislation of some
southern states, and il was then, when
| South Carolina was no longer governed
| by those who owned her soil and had
made her name Illustriou,, that her laws
| ceased to respect the conjugal tie and
permitted Its dissolution by the oaths of
the parties. The return of ID, mocratic
| government swept the innovation from
her statutes. Free love travelled on The
| same parallel of latitude and its litera-
ture even seldom invaded this state
until latter years. Prior TO 1850 who ever
| heard of Il strong minded woman LEI tur-
ing here ut a political matinee on the holy
| sabbath, to church audiences, and leach
ing them TO prohibit 10 man the beverage
which Christ at his las supper on earth
commanded them to drink And this, too,
on the stage and surrounded with the
| scenery OF 4 theatre, where IL one of the
sublime tragedies of Shakespeare were
| exhibited to teach the beauty OF virtue
| and the punishment of vice, the Chris
tian world would stand appalled,.
The historical references of the senator
| In support of his report seem to me I'M
4 fortunate. Historians agree that among
the corruptions which paved the way for
| the destruction OF Rome none were more
perntclous than the ease with which mar
riages We dissolved. The senator who
has just spoken extoIs the attachments
and virtue of the Romans. Let him read
/ Froude's Caesar and he VIII change his
/ estimate o. Roman virtue.
Cicero repudiated his wife Lucretia
| that he might get new dowry. Angus
tus compelled citizen to repudiate his
| own wife that he mi hit marry her.
| Augustus saw the evil of such laws too
late, and so infatuated were these people
in the plentitude OF their power with
| the idea OF voluntary divorces that even
/ his great authority, though Xerted.
| could not check 1t. 1t was checked at
last by the Christian emperOrs, but only
| after the Goth and Vandal had conquer
| ed and humbled corrupt and enervated
race.
1t is no answer to the report OF the ma
jority to say that the wife is often the
object of secret cruelty by her husband.
The law makes that special exception and
her cath may punish him in criminal
prosecution. The arm of the law is strong
and smen sympathlZe with the weak
Let her then resort to the law for his pun
ishment; but the same public policy which
\ tolerates her oath In her own personal
protection should close her lips when
she would swear for divorce against the
father of her children to make them worse
than orphans The safety of the whole
social fabric depends on the security and
permanence of the marriage relation. 1t
is then that tn g man and woman is made
by the home influences that are thrown
around the boy and girl.
Sir, ii Is no answer to me TO say, as the
senator from Cook Senator Davis and
the senator from Lamar have SAID bat the |
from the society of q brutal husband.
What you would confer for good purposes
would be perverted, and that oath instead |
OF being always used as shield, would |
become q sword to destroy the marital re- |
latIon, more frequently desired by the |
votaries of tree love than the vlrtuous. |
Laws cannot be made for particular |
cases; the general good must be con-
sidered in their enactment. Any other |
use would arraign the wisdom of Prov |
idence. The lightning OF heaven some- |
times strikes the pure and good man, or |
consumes his house, and the husband |
man, often toiling weary days in the fur |
row, hnds his harvest blasted by drOuth |
but the lightning purities while 1t de- |
stroys, aud one disappointment cannot |
make the farmer distrust providence or |
relieve us from the law of labor. Laws |
must be made for the general good and |
not to meet exceptional cases; the fail |
ure to do this is the evil of the hour, and |
IN no case in my Judgment is 1t more con-
spicuous than in this bill. l cannot vote |
for report which in its practical effect |
would make the marriage contract q |
mockery, which would encourage per-
jury and hasty marriages, and remain |
standing Invitation to the votalies OF free |
love.
Mr.. Gibbs, speaking in favor of the |
motion to substitute, said:
The senator from Cook and the sena-
tor from Travis have both made able aud |
eloquent arguments in support of their |
respective views. IL seems to me that the |
discussion Is fruitless unless it should |
lead this body TO consider the present |
status OF our divorce law. So far as the |