Year: 1871

'In cases of total divorce, the marri-
age is declared null as having been
absolutely unlawful a6 initiO, and the
parties are therefore separated pro-
salute antn1dYu1p, for which reason
no divorce can be obtained but dur
ing the life of the parties.


The issue of such marriage as is
thus entirely dissolved, are bas-
tards.


Divorce q 8tenSG ct hOrO is when
the marriage is just and lawful a6
iRitiO, and therefore the law is ten
der of dissolying it, but for super
venient cause, it becomes improper
or impossible for the parties to live
together, as in case of intolerable i'll
temper or adultery in either of the
parties.


For the canon law, which the COM
mon law follows in this case, deems
so highly and with such mysterious
reverence of the nuPtial tie that it
will not allow it to be unloOscd for
any cause whatevers sthat arises after
the union is made.


And this is said to be built on the
divine revealed law, though that eX-
pressly assigns incontinence as a
cause, and indeed the only cause,
why man may put away his wife
and marry another.





With us in England, adultery is
only a cause of separation from bed
and board, for which the best eason
that can be given is, that if divorces
were allowed to depend upon a mat
ter within the power of either of the
parties, they would probably be ex-
tremely frequent.


Roman philosophers, poets and sa-
tirists held up to public scOrn and
Indignation the wanton and extreme
abuse of the liberty Of divorce"


Chancellor Kent, who has just
passed from our immediate midst,
says: "We meet with a great variety
of practice and opinion on this sub
jeCt in this country and in Europe,
and among the ancient and modern
nations, but the stronger authority
and the better policy are in favor of
the stability of the marriage union"
Every lawyer in the land has been
taught not only that the Bible is law,
but that it is the source of law; it is
found in every complete law library
as part thereof and the standard
work therein.


Upon the table of every official in
the States authorized or required to
administer oaths it is found, by the
law the most honorable and honored
is not permitted to testify for or
against the most humble or unworthy,
except he appeal to God as witness to
the truth of his testimony, this appeal
being made to the reWarder of truth
and aVenger Of falsehOOd, as he is
known through the recognized truth
and authorship of the Bible.


The officers of ali the courts, the
members of the bar, in short, every
officer in the land from lowest to
highest, is required to take an oath,
upon the faith of his belief in the
truth of the Scriptures, to faithfully
discharge the duty of his office.


The law disCredits the infidel. All
these things are so because the Bible
is the supreme law, locking to the re-
ward or punishment of its observers
or viOlators beyond the capacity and
ingenuity of man to COntrive or estab-
lish. Thus we acknowledge it as the
foundation of all law, which must be
consistent with and conform to it,
otherwise it is not law.


Unless this is so, the swearing of
witnesses and others OH the Bible or
upon the faith of their belief in its
truth, is solemn mOckeTy, and it
would be far more consistent to
swear them on the Code or some
standard criminal law book defining
the offence and punishment of per-
jury.


In this authority, from which every
well defined right of person and
property is derived, we, find Mat
thew, ch. 10, verses 3 to 10 inclusive,
the law of divorce stated in these
words, by our Savior:


"The PhaPisees also came unto
him, tempting him and saying unto
him, Is it lawful for a man to put
away his wife for every cause?


And he answered and said unto
them, Have ye not read that he which
made them at the beginning, made
them male and female?
And said, for this cause shall man
leave father and mother and Cleave
to his wife and they twain shall be
one flesh.


Wherefore, they are no more twain,
but one flesh. What, therefore, God
hath joined together, let no man put
asunder.


They say unto him, Why did Moses
| then command to give a writing Of
divorcement, and to put her away?


lie satin unto them, Moses because
| of the hardness of your hearts, suf-
fered you to put away your wives,
but from the beginning it was not
so.


And l say unto you whOsoevcr
shall put away his wife, except ii be
for fornication, and shall marry an
other, committGth adultery and who
so marrieth her which is put
away doth commit adultery"


Now 1 must elect between statU-
tory regulation demoraliZing III its
every influence and tendency, en-
cOuraging a system of kin to free
lovism, and an express divine law.
l do not hesitate to disregard the
one and observe the other, adopting
the language of blackstone, book l,
p. ~, as expressive of my conviction
of the obligation of the law.
/ Upon these two foundations, the
law of nature and the law of revela-
ton, depend all human laws, that is
to say, no human laws should be suf-
fered to contradict these. There are,
: it is true, great number Of indiffer-


ent points in which both the Divine
law and the natural law leave a man
at his own liberty, but which are
found necessary for the benefit of So
ciety, to be restrained within certain
limits.


: And herein il is that human laws
have their greatest force and efficien-
: cy, for with regard to such points as
are not Indifferent, human laws are
. only declaratory of, and act in subOr-
>. IiuoAion 10 fbo Eor.paats