Year: 1871

My observation has been, that at
every chancery and circuit court at
tended by me for a number of years,
and up to within the last twelve
months, from one to a half-dozen,
and'sometimes more, suits for divorce
were pendiug with the mania for
their institution and prosecution on
the increase, all attributable alone to
the loose and unmatured legislation
of the State. A similar condition of
things exists in most Of the other
States of the Union, making the name
of the North American people almost
if not in fact by-WOFd.


/ agree with Mr. ShclfOrd, that
"The general advantages of indissOlu-
bility as opposed to an unlimited
right of divorce, arc elegantly and
clearly demonstrated by Hume in
his Essay of Polygamy aud Divorces,
where he observes, ''If it be true on
the one hand that the heart of man
naturally delights in liberty, and
hates everything to which it is con-
fined, it is also true, on the other,
that the heart of man naturally sub
mits TO necessity, and soon loses an
inclination when there appears an
absolute impossibility of gratifying
it." Perhaps it will be said that these
principles of human nature are con-
Trajectory but what is man but
heap of contradictions Though it
is remarkable that where principles
are, after this manner, contrary in
their operation, they do not always
destroy each other, but the one or
the other may predominant OH any
TanrticTIl0Ns nRRncTnn nRRnvfliF1Or q -
cumstances are more or less faYOra-
| BILE to it. For instance, love is a
restless and impatient passion, full
of canrices and variations, arising in
| a moment from a feature, from an
air, from nothing, and suddenly ex-
| tinguishing after the same manner.
But friendship is a calm and sedate
affection, conducted by reason and
cemented by habit, springing from
long acquaintance and mutual Obli-
cations, without jealousies and with
out those feVerish fits of heat and
cold which cause such an agreeable
torment in the amorOus passion.
So sober an affection, therefore, as
friendship rather thrives under con-
traint, and never rises to such height
as when any strong interest or neces-
sity binds two persons together and
gives them some common object of
pursuit. We need not, therefore, be
afraid Of drawing the marriage knot
which chiefly subsists by friendship
the closest possible. The amity
between the persons, where it is solid
and sincere, will rather gain by it,
and where it is wavering and uncer-
tain, this is the best expedient for
fixing it. How many frivolous quar-
rels and disgusts are there which
people of common prudence endeaV-
or to forget when they lie under the
necessity of passing their lives to-
gether, but which would soon be
famed into the most deadly hatred
were they pursued to the utmost
under the prospect of an easy spara-
ton.


We must consider that nothing is
moro dangerous than to unite two
persons so closely in all their inter-
ests and concerns as man and wife,
without rendering the union entire
and total.


The least possibility of q separate
interest must be the source of endless
quarrels and suspicious. The wife,
| not secure of her establishment, will
still be driving some separate end or
profit and the husbands selfishness,
being accompanied with more power,
may still be more dangerous"


l will add to the argument, favor
ing "drawing the marriage knot clos
est possible"


There cannot be a doubt that our
loose legislation upon the subject,
and still lOoser administration of the
| law of divorce, has cursed the State
with crime and misery i'll bringing
about thOughtless and hasty marri-
ages, a large proportion of the un-
fortunatGs taking upon themselves
their marriage vows and obligations
! the more readily and careIesslY, be-
| cause of the slip-shOd provision of
| the statute and their rickety admin
! istration. 1t can be very well seen
| how one of the low instincts or of
morals not the best Glasses not to be
overlooked by the legislature and
! Judiciary, would secure him or her
self in reflection, on the eve of an
| engagement, or even marriage, that
| the law of divorce is easy, with many
! causes provided Tor its obtcntion,
| and they of a character quick of inn
! prOVisatiOn. So, if l am not satisfi-
cd with probationary welded life,
will appeal TO the courts, and through
them dissolve my experimental
union,


On the other hand, if it is under
stood that marriage is not to be treat
ed so lightly, but that il is the most


solemn and binding of all contracts,
and when once ecOnsuIRmated is dissO-
luble for but The one cause. We will


find IN ales and females not only more


cautious, thoughtful and honorable in


their alliances and marriages, but


much ofother crimes will fail to pub


Iish itself through the courts, because


ii shall have passed away.


To borrow from Lord Stowell


"When people understand that they


must live together except for a very


few reasons known to the law, they


learn to soften by mutual accOmmO.


dation, that yoke which they know


they cannot shake Off; they become


good husbands and good wives from


the necessity of remaining husbands


and wives, for necessity is a power


full master in teaching the duty i
imposes. fit were once understood


that upOn mutual disgust married


people might be legally separated
many couples who now pass through
the world with mutual comfort, will
attenti II to their common offspring
and to the moral order of civil society


might have been at this moment llv
t ing in a state of mutual unkindness
| ia a state of cstrangement from thel
= common offspring, and III a state o
: the most licentiOus and unreservcG
: immortality"


{ of this last picture drawn by tn
4 learned Judge, there are bnt few
; mpmh hnl.s of tho hnr. with pNnPripncI