The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-12-13
SOUTH CAROLINA MORALS
Law Cited As Authorizing -lrresu-
lar Unions is Dead Letter
OF 18th Century, Judge
Benet Shows
New York Tines

{NeW 1Ork 1AIhoS'J
To hue Editor of New York Time;
On he editorial page Of last Sur
days Times, in the column e
Fatssa "By-Products," there is
purzs,Esph referring to divorce
Rsgifaas;on in which you say that
say state of South Carolina eco
,lhTaage is recognized by law ar
divorce is not" You give as 20
IasAority The Pictorial Review
eHis an old SANDER upon Sou
naratsna which I had hoped W:
!zried nearly 20 years ago, but
ss1ss that the said Review has e
Mz1ed it. As I know somethn
.kSDGue its origin, I trust you will 2
q AaH me to give a brief sketch of j.
SSStsrs.
yoei Prentiss Bishop, in his New
'EanzRuendations on. Marriage, Di,
xssce and Separation" quotes part
NJ IA obdter dictum of a South
czrafna judge which seems to pal
E&e tie offense of %adulttrous liv.
my: But he does not quote what the
Intge said in rendering the deci.
f6au Of tho court, namely, thus
@fe Is not the intention o the eff
fscS af the law to encourage vice
md immortality or to legalize cor
1up6cn."
When was the case he cites
s1ioAY In 1918. What was tho
aez&nte the court was passing up
Sa9 Il was ono entitled can Act
aslast Bastardy," enacted in 170S
50 Ms excellency, John Granville
Ea4zre, Pa1atine, and the rest OF
fAr true and absolute lords and
wsrxietors." The act was amended
% inelude the mother of the bas-
rud In 1875. By it a man with liv-
ING wife or lawful children was not
allowed to give a paramour or has
ard more than one-fourth of his
Esperty.
This is an ancient history: Ar
Es passed in 1903; amended in
gggs5s discussed by the court in
1918; q statute so old that when
aserted to it on a former occasion
Indy member of our bar or OF
sar bench had heard of it. During
my 40-odd years of experience as
Agyer and judge l have known OF
ansy one case. Of a conveyance
made under that statute. 1t had be.
s4yrHs a dead letter. And yet Mr.
gSsSsnp revives it, with his verbs al
N the present tense. He (Joe
Ytsutiss Bishop is the head and
asas of this offending.
President Woolsey, in his work
an ~Diyorce and Divorce Legisla'
Non," quotes Bishop as his authori
III and merely echoes what BishoI
1zyz~ He states that South Carolina
x3s %winked at concubinage," and
Es gives it as his opinion that "the
zststude taken by South Carolina
IA regard to divorce; is due, not to
uuy attachment to. supposed com,
aarsfs of Christ in the New Tesla
aseza but to its state pride and the
Md ~oigarchial feeling of the orr,
sginaf colony" This strange opinion
q his own.
X am not a South Carolinian. ]
IN a Scot by birth. I am influ.
anrsd by no bias of blood or birth
sabeR I say in all sincerity anG
fsuna that in no country or com,
arouwealth with which I am &C.
NGnted is the atmosphere of fami
ST. life purer or cleaner than that
which Is breathed in the homes OF
Esoush Carolinians. II the people Of
zry other state 'breathe the spirit
a q purer air." happy is that state
md blessed are the homes and fire
ades therein. No need has thai
aEzse for a dvore court. Having fol
years held court in all the counties
M South Carolina / am familiarly
seauainted with all sorts and con
Ations of the people. And it is my
ssan grounded belief that the mora
saraosphere Of South Carolina ha.
preserved its remarkable cleannes: