The news & observer., 1901-01-26

between man and his God as the holy
relation between man and wife.
Senator Woodland appealed for the COM
mon law and his eloquence
brought loud applause.) II don't know
what the judgment Of the
Senate will be but think it is the most
high handed invasion of the rights of
man / know. 1t isn't like North Caro-
lima to start out in pursuit of new theo-
ries"
SENATOR JUSTICE REPLIES.
Senator Justice favored the bill. 1t is
true that It departs from the old Eng
lish law: why If we had not departed
from that. the feudal system would be
In operation and hunting on the iands
of another would be capital felony.
You can't legislate love or honor into
Il breast but the law can say that with
all my worldly goods | thee endow is
not meaningless form: 1t a man IS
mean as ha can be and leaves his Wife
broken hearted so tnat she is given an
absolute divorce. then the extent OF hi9
wickedness relieves him of all his
sacred oaths and he is freed from pay
ing anything to her. IL husband is
simply drunken and duarrelsome then
the law grants mere separation ana
the woman s:ets alimony; but If he de-
serts his wife and lives with another
woman, which crushes the soul of any
pure woman, who stood at his side and
took the oath. such is wrong and puts
premium on Ian'S extreme viciousnesS.
SENATOR MORRISON ELOQUENT.
Senator Morrison said the bill was in
the interest of justice to women. The
marriage VOW gives her e-third in
rterest in his property. The common
law makes her endure insufferable deg
radiation at the hands OF an unfaithful
husband or give up all she has helped
him to save and he goes off and mar
ries again and lives maybe in splendor
while that pure woman's poor howell is
in the shadow perhaps of his splendid
mansion. 1t will not encourage divorces
or women to leave their husbands. The
The Constitution OF North Carolina
gives women rights which the common
law did not give the women are better
and more innocent than men and have
not used these rights for fraud
SENATOR WOODARD'S ARGUMENT.
Senator Woodard spoke against the bill,
saying when question of law arises upon
!
would, under ordinary circumstances,
defer to the opinion expressed by the
Senator from Rutherford as reverently as
the Mussulman bows toward Mecca and
while ] am not always fortunate in es-
pousing the popular side OF question
have upon this matter we'll settled con-
victions which | cannot yield. Lord Coke
was frequently repeating in his Institutes
Ian,
was the perfection of reason In the
respect in which it is proposed to be
amended by this bill, it has answered the
requirement OF mankind for over 800
years Innovations such as the Senator'S
have mentioned as obtaining in northern
and northwestern States should not be
introduced except for the very best rea-
son and to answer demand of the people
At common law woman who obtained
divorce had no right TO his property
Upon marriage her identity became nerg-
cd in that of her husband. Everything
which she did or said. of which the law
would take cognizance, was supposed to be
done or said under the compulsion duress
or protection of her husband, hence she
was called feme covert. The
personal property became her husbands
upon marriage and even her chooses III
action become his also provided they were
reduced into possession by the husband
during her life time, so that the property
OF the wife might be taken at common
law the day after her marriage to pay
the debts Of her husband Our constitu-
tion. and the statutes passed in pursuance
thereof, have changed the common law
and all the domestic and property rights
Of married woman are now carefully
preserved to her At common law the
marital relation was predicated upon
the idea that the celebration of the holy
writ of matrimony meant not only
union OF hands. but a union of hearts,
beating with love. Our laws, and espe-
cially this bill. have tended to take away
the sancitv of the marriage vow, lower
the dignity of womankind and to regard
marriage as a commercial transaction
or matter of commerce 1t was not SO
regarded by the canonical or eccleSiasti-
cal law. Sin so earnestly inveighed
against by the distinguished Senator from
Rowan and the knightly Senator from
Richmond, is not the only ground men
toned by our statute for which a woman
may obtain divorce vinculo matri
nonii lmpoteney ut the time of mar
riage is assigned as another cause SO
that it happens that if young man who