Year: 1862




inSto~ Territory:


GENTLEMEN There is not a subject
which can engross your attention during the
present session of your body, of more vital
and lasting interest to the future welfare and
prosperity Of the Territory, and to the State
that will be at no distant day, than that which
forms the caption of this communication.
Legislation on the subject of divorce has fire.
quently occupied the attention of your prede-
cessors, yet fail to find ON examination of
the Statutes, that any practical plan has been
devised other than that parties sueing to
be released from the bonds of matrimony
must apply for such a dissolution to your
honorable body. Such, gentleman, in the
opinion of the writer, and in the universally
conceded opinion of society is wrong. 1t is
cmincntly wrong in moral and political
view it is certainly wrong in legal or eccle-
siastical view. Marriage is the most sacred
of all contracts, and


never sar 4 bridal, butmnc eye-lid has been
/! seemed TO me SO sad thing, joyous crowd


hai met;


To see that saddcst sight of oil, a gay and girl


ish lling,


Throw away her maiden gladness for q name


and FOR n ring.


But even in Witnessing this imposing and
solemn ceremony, | could not believe that
any other than the holy church or the judi
cial tribunals Of country had any legitimate
authority TO dissolve the bands. will illus
trate my proposition: Suppose a large
amount of property WIS involved where two
parties applied to your body to be divorced,
and in Your decree YOU should set apart a
larger portion than would seem equitable ei-
ther to the husband or wife, and the party
feeling agricvcd at your action should appeal
the case, or rather, try the coniifatioaality Of
Of !yoar acts to the Supreme Court of the
United States. Is there n lawyer in your
Honorable Body but would say that the Su-
premo Court would Declare your act of d.
vorce" null and void, because, first-that the
organic act OF the Territory has given you
no power TO pass laws in contravention of the
laws of the United States, and the Constitu-
ton Of the United States; sccond-bccause
a Judicial tribunal, sitting as a court of equity,
the Judge being the Chancellor, has sole jul
risdiction in such cases, or. even extending it
to the other and moro appropriate court.
mean m Ecclesiastical Court, the Supreme
Court would probably decree, that in the ab
sence of such tribunal. the Court Of Equity
alone would have jurisdiction A Legislative
body in n provisional Government such rs
Territorial Government can have TO judicial
Jurisdiction, and should not have, for many CO.
gent reasons not necessary now to cnumerate.
| would therefore respectfully suggest to your
Honorable Body that Il general law for di-
vorcc he passed, and there bo aparty known (as
is customary in many of the States of the I'm
ion) rs the peoples prosecutor or defender,
TO sec that the bonds of matrimony are not
dissolved by the Courts at the whim or ca
price of either plaintiff or defendant. This,
gentlemen, will tend more than anything else
to improve the social and moral character Of
tho community in which We live. will not
expatiate Oh the wounded feelings of an in
iured wife applying to you in public way to
be dissolved from a contract with a dissolutc
and abandoned husband Your own manly
feelings will prompt the humiliating and en-
barrassing position she would be in. Virtue
would shock at such n public procedure. No
one more than the writer has higher appre-
ciaton of the holy bonds Of matrimony, al
though bachelor himself, for


How high the bliss that waits on welded love,
Best, purcst emblem of the bliss above;


To draw fresh rapturcs from another's joy,


To share each grief and half its sting destroy;
OF one fond heart to be the slave and lord,


Bless and be blessed adore and be adored.


To own the link of soul, the charm Of mind,


Suhlimcst friendship, passion most refined;


Passion to lifc's last evening hour still warm,
And friendship brightest in the darkest storm.


LIE MOIN NOIR.


OLYMPIA, Dec. s, 1862.


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