A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
[162] Const. of 1850, Art. II, sec. 32: POORE, _op. cit._, I, 671.
[163] See the Index to _Acts of the Gen. Assembly_ for each year,
1809-50.
[164] Act of Feb. 23, 1837: _Acts_ (1836-37), 323, 324.
A few years later the Kentucky assembly accomplished a feat which
surely "breaks the record" in the history of social legislation. On
the 4th of March, 1843, in one short act of less than two pages of
type the hymeneal bonds of thirty-seven couples were severed by one
fatal clip of the lawmakers' shears; while, in addition, room is
found in the bill to make provision for the children and to restore
the maiden names of some of the women, but not for any mention of
the causes.[165]
[165] _Acts of the Gen. Assembly_ (1842-43), 205, 206.
It is in Georgia, however, that the divorce laws and judicial
decisions reveal the strangest vicissitudes and the most singular
vagaries. To understand the course of events it is essential in the
outset to observe two important facts. The common law, it will
be remembered,[166] was, with certain limitations, adopted by the
state in 1784; and the constitution of 1798 permits "two-thirds of
each branch of the legislature to pass acts of divorce," but only
after the parties shall have had a fair trial before the superior
court, and a "verdict shall have been obtained authorizing a divorce
upon legal principles."[167] It would have been hard to select
a phrase more ambiguous than the clause last quoted. Just what
are the "legal principles" referred to? Are they the principles
of the English ecclesiastical law, as constituting a part of the
common law made binding in 1784? Are they perhaps to be sought in
previous enactments of the state or province of Georgia? No such
statutes have been discovered; and no divorce seems ever to have
been granted, unless by the assembly after the Revolution. With this
analysis of the problem before us, the course of legislation during
the half-century following the adoption of the constitution of 1798
may now be traced.
[166] See chap. xv, sec. ii.
[167] Const. of 1798, Art. III, sec. 9: _Digest of Laws of Ga._
(1801), 40; POORE, _op. cit._, I, 394.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account