The Catholic World, Vol. 04, October, 1866 to March, 1867Various
Religion
The Catholic World, Vol. 04, October, 1866 to March, 1867
Various
Catholic Church -- Periodicals
"It need hardly be matter of surprise, in these circumstances, if a
citizen of the state of Connecticut, entitled to the protection of
the law in his most sacred rights, should chance to return from a
temporary absence on business in another state, and find that in the
meanwhile he had been robbed of wife and children, and of all which,
for him, constituted home, on evidence which would not be sufficient
before any jury in the state to take from a man property to the
amount of five dollars, or even the possession of a pig; and to
find, moreover, that both wife and children have, by the authority
of law, been placed beyond his own control, perhaps in the hands of
one who has conspired and paid for his ruin. The case supposed is
not wholly imaginary. There is no reason, so far as the
administration of the law is concerned, why it should not be
frequent! In many cases the absence of the respondent is assured by
pecuniary inducements, and in a yet larger number it must be
confessed there is no opposition, because there is a common desire
to be free from a burdensome restraint.
"It is doubtless true that, in the main, our courts have held
themselves bound at least by the letter of the law, though their
decisions are often hurried and based upon {102} wholly unsifted
evidence. And yet lax as are even the terms of the present law, it is
difficult to conceive how some of the decrees of divorce which have
been granted during the past five years can be brought within the
language of the so-called 'omnibus clause.' What shall we say of such
cases as these, for instance, in which, in the western part of the
state, a man and woman came into court with the confession that they
had entered into the bonds of matrimony at the mature age of
threescore and ten, but that now, after three weeks' experience,
having become convinced of their folly, they desired relief from the
court; or in which, after having failed to prove legal desertion, the
counsel simply stated his ability to prove that the husband, from whom
divorce was sought had called his wife by an opprobrious epithet, too
vile and vulgar to be repeated; or in which the soul plea made was
that the parties themselves had agreed through their counsel that a
divorce should be had. And yet in each one of these cases, we are
credibly informed, a decree of divorce was actually granted. Would not
all this tend to show that the administration of no long can be wholly
trusted to a court which is private in its proceedings, unwatched in
its purity, unguarded in its power, with no barriers against abuse,
and in which suits are practically contested only when property or
reputation are sufficiently at stake to induce, in one case in eleven,
a defence?"
Public-domain text, read in full here on John Shaqi.
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