The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1922-12-09
SINI,ER OF
SOUTH CAROI.. IN j ! 4 4

LaW Gfted as AuJnoTIZe6 II
regular Unions is Dead Let
ter of 18th Century,
Judge Benet Shows
New York Tines.
TO the Editor Of The New York
Times
On the editorial page Of last
Sundays Times, in the column en-
tIssed BY Products, there is
paragraph referring to divorce leg
islation IN whach You say that in
my state Of South Carolina con-
cnbinage is recognized by law and
divorce lis not z You give as your
authority The Pictorial Review.
:. This is an old slander upon South
Carolina which had hoped was
buried nearly 90 years ago but il
seems that the said Review has ex-
huTned at. AS I know something
about its origin, ! trast you will al-
5 low me TO give "a brief sketch Of
its history ssas
Joel Prentiss Bishop, in his
cSew Commentaries on Marriage.
Divorce and Separation; quotes
part of an obiter dietum Of a
South Carolina Judge which seems
to palliate the offeEse OF adulter-
sous liSing. But he does not quote
what the judge said IN rendering
The decision OF the court namely,
this: It IS not the intention nor
The eject Of the law to encourage
vice and immortality or to legahze
corruption-. !.
n hen was the case he cites
tried In 1878. What was the
statute the court was passing up-
on 1t was one entitled 8 Al, Act
Against Bastardy, !" enacted in
I7o33. his excelleney, John
Granyidle, Esquire. Palatine. and
the restof the true and absolute
lords and proprletors. The act
was amended to include the moth
ef OF the bastard IN 1875. BY It a
man With living wife or Lawful! chill
dren was not allowed to give a
paraMosir or bastard more than
ene-fourth of his property.
This IS ancient history: An act
PASSED in 1903 amended IN 1875;
discussed by the court IN 1918: a
statute so cid that when I revert
edfto it on a former occasion hardly,
a ueIaber Of our bar or of our
bench had heard OF it. During my
odd years of experience as
GaWyer and judge 7 have known of
only ere case of a conveyance
made under that statute It. had
become q dead letter. And yet Mr..
Bshop reyiyes it, with bis verbs all
IN the present tense He {Joel
Prentiss Bishopo is the head and
front OF this Offending
President Woolsey, in his work
On Divorce and Diyorce LegisIa-
ton : quotes Bishop as his authority
and merely echoes what Bishop
SAYS He states that South Caro-
ina has Winked at concubinage,s 2
and he gives II as his opinion that
the attitude taken by South Car
oISha an regard 20 divorce IS due,
! not to any attachment To suppos-.
ed commands Of Christ in the New
Testament but to- its state pride
and the old ongarchiai feeling of
ttde original colony This strange
opfuion IS his own
am not a South Carolinian. I
am Scot by birth I am infuenc-
ed by no bias of blood or birth
when say IN all sincerity and
ruth that IN no country or COM.
naonwealth with which T am ac-.
auainted is atmosphere of family
ltfs pnrer or. cleaner than that
which is breathed in the homes of
South Cardinals. If the people
Of any other state breathe the
spirit OF a purer r,' happy is that
safe and blessed are the homes
ana dresides therein. No need has
that state sor a divorce court. TIav-
ms for years held court in all the
coHnties OF South Carolina, L am
fanalharly acquainted with all!
sorts and conditions of the people,
And il is my web grounded belief
that The moral atmosphere of
South q Carolina has preserved its.
renas rkahie cleanness and purity
ros IN spite Of but because Of her
goSdiyorce law.
" G. Benet.
Grinshawes, n. C. November Ia