Evening journal., 1894-04-04
GROUNDS FOR DIVORCE
A Funny Muddle in Which the
Assembly Became Involved.
FELONY AND DIsFRANoHIsBMBNT

it is Not the Whipping, hut Conviction
OF Felony which Deprives a Man Of
His Civil RiEhts-A:woman whose Hus-
band Has Been Convicted of Felony l.
Entitled to Divorce.
A reader Of the EVENING JOURNAL
writes as follows
Il would like TO be Informed through
the columns Of your most valuable paper
whether or not a man Is disfranchised
by being whipped at the whipping-post
at New Castle. have often been asked
this question. Also, II married man
Is sentenced for life or for term Of
years, Is his wife entitled to divorce
By answ erlng the above you will obllge a
subscriber aud many Others"
because OF the Felony.
A man who is whipped by process Of
law is disfranchised for life, not because
he is whipped but because he must have
been convicted Of a felony In order TO
have been whipped as. under the laws
OF this state, whipping is only Rd
ministered in cases Of felony. Even
II the governor remitted the lashes
the convict would still be dlsfranchised
The governor has power, however, TO
grant full pardon. which restores all
civil rights. 1t Is a mooted question In
law whether the governor has power 10
restore a convict TO his civil rights after
he has served out the full sentences Of
the court, the general opinion being that
he can.
The Constitutional Provision.
Section of Article iV Of the Constl.
tuition Of the State OF Delaware provides
that mo person convicted Of a crime
deemed by law felony shall enjoy the
right Of an elector Section o Article
III. OF the Constitution, defining the
! powers of the governor provides: "He
/ shall have power to remit fines and for
} FIXTURES and grant reprieves and par.
J dons." Thus It will be seen that he can
remit forfeiture Of the elective franchise
The Many Grounds for Divorce.
The divorce law is very plain. It In "a
, be found Ia Chapter 75 of the new r.
vised Code Of the State The grounds
for divorce are adultery, desertion fol
three years, habituAl drunkenness i'm
potency Of either party at the time oi
marriage. extreme cruelty, or conviction
either IN or out OF this state
after marriage, Of a crime by th,
laws Of this state deemed felony, whether
such crime shall be perpetTatsd before
: OF after such marriage Also for pro-
curement Of a marriage BY fraud, foi
b wilful neglect on the part Of the hus-
band for three years. 10 provide for his
: wife the necessHries Of life suitable to he
condition. The court haspower TO decrei
( marriages null and void which are prohih
tied by law for consanguinity or affinity
A; or between a white person and a negr
4; | mulattO. or where either OF the partie
!, had, at the time Of the marriage, anothe
+; husband or wife living; or where eitnei
D OF the parties was at the time Of the
MARI age, insane.
. These are the grounds in court. Thl
, Legislature also has power to grant di.
vorce for any reason II may deem sufii
; | cient. IL Is not restricted IN any way
. Four years ago It divorced a Sussel
? county couple and they enjoyed threl
/, days of legislative single bessedness
D Then friends OF the respondent got I,
. work, had the bill Of divorce recousidere,
8 and killed For two years the young mar
I didn't know whether he was married O.
single, and IL was question whether th
s Legislature could divorce couple anC
. then remarry them by reconsldering an,
9 killing the bill Of divorcement. Th
, young man might have married durinl
: the three days intervening and then th
s reconsideration and killing Of the bill
would have left him with two wive
on his hands. The next General Assem- bl
rsmedied the difficulty by passing a bill
j. divorcinR the couple, holding that,
they were remarr ed by the recon.
sideration Of the tprevious bill th
. the bill Of that Eseshion would divorc
!, them effectually, and, II they were no
: remarked, the second bill would no
make any difference, other than making
. tho divorce doubly sure.
/. His wife Has Legal Grounds.
k II the person alluded to in the lette
J. was convicted OF q felony, which
Z doubtless the case, as life sentences ar
Is not dealt out TO prisoners who are no
IS fel0ns, and was convicted after marriage
Il his wife-hRs legsl ground for divorce.