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4J Ourt are p!amaf falrdclightful peace, Unwarp'Hy paitjr rage, toHve HkebrotJirrj. Monday, Dece?ife 9, 1805, No. ,24 Vol. VII H ' . .-.-.,.'--- 'h ' . - AND . ,:l6rdvCarolina State y . - - v .... 1 . a DEBATE . Oil" THE Divorce Mtt' -' - ' HOUSE OF COMMONS. The House went into a cemmuttee of ihe vhole on thiiViU, anil made sundry amendments therein.- Jioe debate which took place in the com Znee we did not hear After the Committee rose, e were ; present when some ODseryauu,v on the .principle of , the bill, vvhich appear with others made on the ipl lowingday, .ry - , ' . i i,ahir' took ud the amend- -nt made in the committee of the whole, and agreed to some and-rejected others. The most material observations made upon anv of the opnrWnts were upon one made by Mr. ove aqd aiiothei by toionei Moore. -" . The one made by Mr. Love went to that part or the bill which allowed both thftpanies&er a marriage was dissolved, to marry again, by confi ning the fritdlege ta the inKoqitNr ft.Ti on v. Mr. Sladj: objetteel to tms aroenu- -j. TOent, as being unequal. If a mar riage was dissolved, both pars The contract of marriage, he said. was a civil contracted the highest nature, but it v-as like other con tracts, both parties are equally bound1; and if tlttt contract is uulUGcctrboth parties ought to enjoy the same li berties. and.DnvUefies. were u nthrwif. th Lflemivincr a nerson of this liberty, wotild bs an infringe mtnt on the.constilvHion, by ;jrhich every man is Secured in his Hfej, li berty and .property, fy IWKiK .was in faypr of the amendoaent;jiHehougUt that it was one of . Ike. best that had ,been proposed tp Uie bill. , It vas'truef as the gentleman from Edenton hd stated it, that jaarriage was a solemn civil .contract. But the. provision in this bill supposes a solution of thij. contract to take ; place ; and tears are entertainecMjy many with res pect to this bill, tbatipersons may. be driven to commit , the actions inei Uonea m it .uponiW.wch; a. iivofce may le founded wyordeMo 9.FPr- leased from the bondsof natnrnony and obtain the privilege jof marrying- again. This amendment is calcu lated to guard against suchan abuse of the law ; ginee.iV confines be privi lege of marrjtinjp? again to the ir.riQ- d-nt acd injured Tparty, which onlj it is the jutpntra of . tbe law to tp lieve. The offending pavty h thought should W-all means be dt-!j barred from marrying a-ain it W marrying'- atrain- U would be a punishment which- hi'or ! she ought ia justice, to 6u2crrfoi: their criminaikty. . ; , .r-1 Air. Nash was . opposed to the amendment. His reasons for being so, he said, were few, Puinshmavts of every kind ought jrather to i& cal culated to correct s the imaral? of. so ciety, than for; the punishment" of thepnrty cFendig He corrsidetid, that if Ahe rrdooseri amendment vi'as carried, it would have a tendency to injure themorals of aoeicwy . I f the wife shouldhave committed an act x Adultej.7, it might have been occa sioned!. . by - gome peculiar dtciiin tancss, which would never agajn occur. . And after .she is separated fram ; her JosbAnd would ifou fpre reitiher:frim retrievlpg jier cliavf-c-ter, by marryirigigain,,and,disc Ib ''iivt dvitiesof afaitUTiil wile,? By doingilyBu swpld, forever hold . Hr.ioublic. notice, .aed nrevem hc from becoming, what she might therwise become, a usaful member of society. Contrary from this, ? he thought every door ought to be open ed to suchVaa offender, by vvhieh he might return to her duty. The interests of society require . his. lie hoptd it would be allowed. Mr. CafcaRT wished to know, as liie gentlemen from '. Mecklenburg llowcd that Marriage was a civii contract, upon what principles o: law, after the contract was set aside, h? continued t bind ppe of tlie par tks. - Certainly if one of the parties h released from the obhation, tht ojgoht upon every. pi inufiple ot mtial terms. If But suppose the amendment should Ji legislate on das subject, it might as prevail, h would aWtheCJehneman well remain r.s it is. He thought it how it would appear wHclt jof the ' ? would be an infringement ra:vde upon parties ws innocent And Avhich guir.jithe Constitution for th.is house to trvV-IJoea the decree ot jtne u)un, go into a iartner muuuy to discover which was the innoceiit party. ! ' 'Mf. T rVwBiE said, that the answer i ! go to, shew this ? i Certataif nor. uwu iu uto vijuucuuuucr u. it would be necessary, therefore, to! There would be a confJicting juris intAa : fWher innnFrv in Court, !' diction between the General Ass em- to the gentleman from. Newbemthe Courts., It was true that the (Mr. Nash) would h,e easy srifl short. I House of Lords in England had cog-. Tbp inconvenience which that gen,! jhizance of Divorces ; but that body tleman haV supposed the offending ! U Vhe highest Court of appeals in nartf 'to labour under, is sutferei on that country. Oyr Legist ure had account of au act" which he or she acT such PweT' and he vva therefore tually knew the consciences of pre- !; against intfoducing this principle iu vious to committing it. They had! i to the bill. therefore no right to complain. He! Mr- J: G Wricst did not s-e rpadily agreed with the gentleman the inconvenience from the proposed from Bertie (Mr. Cherry) that when ij amendment which struck the gen two persons enter into a contract; j tleman frpm Edenton.. There would and one of them violates it, the other, ! j h? no conflict of authorities between in most cases is released from the;; the Courts ar.a the Legislature, obligation. But in the way in which 11 The object, of the law m trai.sfcrrins the paragraph in the bill now stands, i investigation of this business from one of the parties wishing to fcctj the Assembly to the coqnty, is, that 'u!f..th m.i-riap-e contract without ! any good reason whatever, micht take such steps to injure the oth.rj a5 would oblige him or her, to apply or relief under this act. And every person .'r,,, l,;JAVnr,W B ih np.uRlUSl 1.11; lUb or nci liuc, iiiiii im; Ity consequent ot such a conduct, j ...u v civfTai. enmn mmnrf n'unri" h na' ought to suffer some mconveniencies which might prevent a course ot trus kind, Rut it is said., i hat if this a- mendment were to'pafss, it could not be ascertained which oi the partie,j was gi.iity and which innocent. He saw no difficulty in this. The party praying for a divorce must exhibit his complaint on outh. If found true, the Court will dissolve the marrhge. Does it not then stand on the record of the Court who is guilty ? Most certainly it does There can then, be no difficulty oh this head, tte ho: ped, therefqre,- this amendment would pass. 1 he house divided upon it ; when i this amendment being disagreed ' r f ; -.: ' i. Mr. -pflSTM -expressed a d'-sire lo Jnfrniir. an nrnTlmiTif Jnti. t!ip v.n .K;KfeKKi C ri.n0rai i A,mM"Uw. crtWKa ;4,iftr!lVv . did not apprehend much trouble to that possessed by the English r.i: -,l C Parliament wiUi respect to divorces. S In that country, a divorce cannot be i " i , l : j i . i fcr i Parliament. if .. , i . r this fnvlw!ieihhr,iirt. hr- Klivfrl ' U Mil MlllCTItliUliIif. lit I whicfi at present e$ist ' 7 1 f--j istgainst the bill, f ,kl"u a COU.' ' vlvc they would and am of doors. iihf V'!jr I5iv,esl,-atcc!! vo?:lbe, a he racnJmenLhe!i?htc;j,P,1Vt.s a"d y hut i!a small jiail ot-those lew w u-u ever 'oth i:i th's house wm-A wu . i ir. J, Mooitr. observed, that he vas ,ia favor of the principle men ioned by the 'gentleman' from Ru- ihcnord ; na it he would wait until the. bill was gone through, -he had an amencment prepared, wmcn ne j thought would answer the purpose proposed. Vile read his'amenument, and Mr. Porter consented to wave ihe one he had offered. The bi?rb'ei:ig gon 'through, , Mr. Mt)ore said, that though he was iu favor f passing a law on this subject, in or.er to bring thv investi gaijon of facts before the Co-trrs, yet "heftdid- not wish the Legislature to part with 11 her powers ofunVetie-repce- in cases ot Divorce. He ;prb- posedi thertfore, a new section to the bill, providing that bef.irsf'any divorce should be fin lly marie, It should, receive the vauHcauon qi the Genivl Assembly. Mr SupE .v,v,s 5ppose$ to this amendment. 'It-was a principal rea son with him for wishing the present law topass, thatthV General Assem bly might not in future be troubled with the investigation of business ci this. kind. Buc if this' amendment was to pass, he did not think the Assembly-would be relieved at all ; a? it might consume as much time to revise the decisions of the Courts, as was now employed 'in. receiving and acting upon the petitions which crowded the house, llis a principle, he observed, in our constitution, that the executive, legislative and judicial powers should be kept se parate ; but if this amendment pas sed, the Legislature wou'.d have to revise the dtcisiens of the Courts, ) auJ either approve or reverse them. the Assembly must continue to v'M 01 w mm.ii.vws b!y-and the Courts ; and it was the first instance he had heard of a Le- gblatare revising the proceedings of - e iac ou uova s.i.c.ini5ui. uc a proper and impartial hearing. This would be a very important end an- isTe,rcV . ,. , 1 T wieu i um a ..c opposite party will make his or hr j dtcnce an .1 a fair, hearing will bet ,had, and a decision made, Ail j the Legislature, will have to do, will be to carry the decree into effect,! j by saying, wilhaut going into any j ' invesxigaticn of the facts, whether it l "is expftiitriit to errant llie proposed i j divorce or not. It has besn suid that j j this wouiu be tno nrst instance in . which Legislatures had been invest ed with a power of this kind. In jthis the gentleman h mistaken. In j England, the Ecctesiastical Courts t dissolve a marnage, so far as a se j paration of bed f.nd board ; but a ! complete divorpe. can only be obtain ! eJ by an act ofparliament.' A this the nvactice in that country from in hvx lt cu?nnot hcTC,!?.e VUTr to reserve' the proposed power m the iLegisIatua .espechy as Has a- many objections to t'nis law Mr. jj tcl lhc ntra? AsscmMy from the iipctvrtr h-re proposed to be given. Pr n-r Pposea 10 oe g q auwi.ou ;i u., tu uc 11 1 si iiaCiuc tv vt'iiu tncu wuum nui c as m.mv as iujw luiiu; l ttliS- l houst A sense ct sb ime, STOaH an r.ftr.osc lew w u-u ever .p. .-m"--v. - H"WUK'" - 7 'jdr one. as-' ifwent to cuard. in a ! most effectual manner, the power I proposed to be lodged with the courts ion this subject. It wouhl not'bb in the pnver of any -Judge to say a Di- ! v.-rc o should take nhvcei He couldl j only make hi decree, which vrjuld be confirmed or annulled by the:Le i trhhtui c. He hoped this aroei.d" j mert would do away eveiy objection ; ; that could exist in the mind ot any member, or in the rrmd Pt any oi his cyjisuuienis iu uus f Tba motion was carried. IVlj Davidson moved a pew sec tion tothe bill, providing that Coun sel in no case be employed in any suit brought under thislavy but that all cases should be decided under the direction of the Courts alone. Fhis motion was negatived 60 to 57. The bill thus amended' was put upon its second .reading ; when Mr, Hay rose in favor cf thse bill. It had become necsesary, he said, for the Legislature to pass a law on this subject. . ' The Genera Assem bly was every yearcrowded with per titions for relief in cases of this kind, the prayers of some "of which were granted and others 'rejected-; 'but all of which were heard ex parte, These applications are become sp numerous," ? , t . - ' " ' "i sas 10 uecorne a serious cvu, wiui respect to the time of the Legislature which they annually occupy;' There are no less than sixty petitions at j present on the taWc praying For re lief in - cases of this kind. " Were this business placed in the Cours, where it ought to be, and where the facts would be fully investigated, these cases' would le greatly lessen ed. But here the application is made without experice, and the'lmuse is constantly hearing the unsupported allegations of husbands against their : wiyesandwives agtnst their hvisbands Mr, H. spoke of the practice of other ccuntrits, and of those States in the Union, where laws of this kind were in force, shewing that no evils arise from its operation ; but on the contrary, that few instances occur in which it is called into exerebe Mr. Lqwki? declared himself in favor of the bill. In addition(to the reasons giyen by the gentleman jrora Fayette, in favor of it, which be thought just, he would, mention the enormous xpence, with which the investigation of this business by the Legislature was at tended by conf ining so much of the 'lime of . the I house, which would be entirely avoi.- ded by placing Ihe business in the Courts. It would also have this far ther iksiraHls' effect it wou'.d lessen the number of ' applications for di vorces. This was the operation a similar law had produced in cthor State. This law,-he ha4 no doubtj would operate favorably cn the mo rals pf society. It would bs far bet. ter, in casas where grievances arc in tolerable, andihereis no prespect of reconcilialion between a husband and yrife that thev should be set at 11- lerty froni eacli otbei for tbey will live separate rul nut being allowed the privilege of o her citizens,- both, pe rhaps commit offences which' would have an injurious effect upon the m-vals of the community. Mr. Pf. ajisq confessed, th at pre vious to his becoming a member of theLegislature, he was not convin ced f the necessity of a bill of thi kind. It was equally true that his imagination had net then conceived the complicated misery which exists in thia Sfate, from unfortunate raa-i trimdnial connections. lie had- ho pedrfi'om ihe extr.me calmness oi the cornrTiiitec of the wheb yester day, p.nd the desire' which there ap' pcared to ammd 'he bill, that itwould nave met wi' the general concur' rnco ct the r.ouse. I3u when he iieard the trequent calls for the'xYeas r;avs. without any argument of- fe:-c ! a-'2:r.st the bill, he besran to fear there was a secret enmity against th? provisions of it, which were r. t o !v; overcome, lie had already teen th.-.t many bd!s of a pub lic nature, which contained the best principles, had receiveu tpeir nat in this manner, without a wordrsaid against thtm, He feared that such a conduct s ibis was not correct. Members, he apprehended, were too ravch ufraid of popular influence ; their opinions are therefore not to be affected by any argument produ ced in that house. .Gentlemen ought to Consider, that ti c come here to think for the peopled and should give their vote according to their own convictions, aijJ not with a jew to please 'their constituents oly. .. 'IV' r. P. ;dd, thcip were ome ge . a neral principles on which this bill ought to pass. It could not be con tended with propriety that the mar riage contract is net a civil and 'politi cal contract, and the obligations ari sing therefrom are those ot policy and nothing more. There was no more of jure divini in this contract, than theru was oi jire ivin$ attend; ing the rigliU of Kings. He admit ted that it is one cf the most solemn oblisrafcons that human beings could . enter into, but still it is a civil con-j tract ; and -' when that contract is broken isitho most base and flagrant j m'tlTReV, arid "rjlie of the parties is I this eby sunk in the deepest abyss of misery it is surely consistent wuh policy and justice, and the duty of the Legislature, to grant velief which could only be effectually dene by passing.a law of this kind. Nor ought the principles of econo my to be overlooked in this question. Perhaps it would not be wandering from the truth, to say that one fifth or one sixth of every session of the! Legislature is occupied by receiving j and considering applications for di-j vorce, for alimony, &c. Jf we, cal-; cuiate the 'amount of this expencej it will be enormous.' And after ail nothing is done, except in a few cf j the most flagrant cases. Petition ai-j ter petition, and remonstrance afttri i remonstrance come forward, and af ter repeated applications, perhaps tha prayer of a "petif-ioner is gratittd -liy the present bill, it is proposed that these cases shall be heard.;in the court of the district in which the r parties reside ; and by an impor tant amendment made to this bill, which ought to silence every objy;c tion toil, ths power of ratifying or4 annullipganydivorce decreed by the Courtsfrefained by the Legislan ture, tlJc foundjthat the power pieced in the courtT is abused, the General Assembly can always hohl it in v heck, by putting their veto upon their decree. As it is admit-; tedm all hands that the situation in which thfe businsss is placed at pre sent is grievous, is it not best to malfe an experiment withK the bill now before the. house ? When tvils exit it is th'2 duty of the Legisla ture to stttempt them redress ; the evil in this instance is great, and the. remedy propostd appeared to hirti him well calculated .to afford reliefy Me hoped therefore the bill woul4 puss. ' The question being called for Mr. Molton moved for a call tf the house ; which being had, "it was found that all--th"e members Except t two or three who verc uidiscse' were present, ' - The Yeas and Nays, were then ta -ken ort the passage of the bill, and yvere as follow : .,r . ' ' iW YEAS.-Mcssrs. J. Eryan, Brasher. Et Bij'an, Bright, Boazman, Bower, Bur, r'wuglis," Cherry, Cofacld, Cooke, Doz'erJ Davidson, Farmer, Gr'.st; Gilmoifr, Glis- Goodman, H;il, Haggins.W. Kaw- ( k'.ns, Hay, J Jones,' Ives, N. Jor.es, Low- ; rie, Latter, Mcltoh, Mor?p, M'-Neil, Mobiey, Mcr.denhall, Murfree, Nclscn, Xichclson, Nixon, Nash, Porter, I-ari son, Robavds Ridd;ck, Slade, Sawyer, Sumner, Smart,' Simmons, Vhitaker, Withrdw, S. WUhams, "VVYighr, Toungi 50. ' ' ' .;- - NAYS. Messrs. Allen, Aiiison, Bvler, Builock, Bloodworth, Carson, Collins Carter, Cochran, Clark, Campbell, Chris topher, Dobson, Dclton, Davis, Farrar,' French, Koyle, Harvey, Hines, Ha. it, P. Hawkins, Hern, Hulnc, Hoiubuckle, Jarvis, Jordan, E. J01 es, Ingram, K;cns, K Ipa'rick, King, v . I. inicr, Love,' Leatherman, IVToran, Jl'Carne, Tvloouy, i-fourinjt, M'Far!-iid, ivlebine, Mssk,' Mpj, 'M'Lennan, Ivlifthell, M'lviullin, Owens, O'Reliy, Parisii, Picket, Perkins, Pearce, Phiier, Richardson, Russell, ' Smith, cctr, Spruill, Sneed, Smith, Tbeams, Turner, Thompson, l. Wil liams, V. Vi:r.a;v.s, J. Vf;i:kims, Wash ington, Wynne, Yancey G9. rrWL Trustees of lije Hyco Aca- dsr-.y (i:i the lower eVd of Casweli County), with pleasure infoiin the Pub lic, that tiifv have, contracted with the Rev. HUGH SHAW, as Teacher cf the Lanjna-es, &c. and the Rev. THOMAS COTl'iiZLL, as Teacher of English, Reading, Writing, 'c. who will take charge or" this Seminary on the 1st of Janu ary next ; where will be taivjhi the Latin and Greek Langui-. Cecgraphy, Philo S0Hfcy, Astronomy, History, Luc'lid's Ele ments, English Grammar, Arithmetic iteading. Writing, &c ' ' ' The i'rustets are assared, they can re? commend these GcnJcmcn to the Public! as.they have been seme time in tho habit of teaching, under their particular noiic- Tbey are also couri tent of their faithi ui at tention -t the Morals, as ve!l as t!;e Lhct rsTy In-ijrcven.cnts of these they may have u-.ikr the.r care. The character' of the Teachers, the hih a,d healthy situuion of the -Academy, and the r.pportunitv of Boarding in decent ard respectable families, we preifir.ie arc sukicient inducements to ParciUs and Guardians to send their Youth to this Seminary. Term of Tuition, for Reading, Writing and the. common Rules of Arithmetic, seven dollars ; for English Grammar, and its -application to the Lan guage, also the higher branches of Arith metic, ten dollars ; for Latin, Greek, &6 sixteen dollars per annum, paid quarterly in advance,' , KovAd. TEO. I. MC6RE, Cllrv ' Just received from' Philadelphia, Bv the Prin!er hereof, QlBBON.'s History of the Decline and Fall of the Roman Empire, in 3J -priee 22doiis. This is the nrst American edition cf this celebrated work, ard iseouul t3 tlje Lovicton edit on, which sellsl . r 33 Also, the 4sh vol. East's Term RtpoV a t The 3d of Esp'.nasse's do. Mac Nliy and iV-aka cn Evidercs A new edition of Gdbert on do. Stcry's se'xction of Plead:ng3 Cases of Impeachments in St. N, Ycr Domestic Encyclupedia, 5v. Of y-Gales tray be hxl. Copies'bf the Gcv.rnor's and Treasurer'a Communications to the Legislature. . BLANKS or Dir'FLTt.'.KT kinds, r For J- Gali.' ; i, Mi - - . ' IT 1 H 4? ' 1 4 -i . -tea
The Weekly Raleigh Register (Raleigh, N.C.)
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Dec. 9, 1805, edition 1
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