FREE BOOKS

Author's List




PREV.   NEXT  
|<   926   927   928   929   930   931   932   933   934   935   936   937   938   939   940   941   942   943   944   945   946   947   948   949   950  
951   952   953   954   955   956   957   958   959   960   961   962   963   964   965   966   967   968   969   970   971   972   973   974   975   >>   >|  
--Kent, vol. 2, p. 33; Bishop on Divorce, p. 492. In New York and some other States, the wife of the guilty husband can now sue for a divorce in her own name, and the costs come out of the husband's estate; but, in the majority of the States, she is still compelled to sue in the name of another, as she has no means of paying costs, even though she may have brought her thousands into the partnership. "The allowance to the innocent wife of _ad interim_ alimony and money to sustain the suit, is not regarded as strict right in her, but of sound discretion in the court."--Bishop on Divorce, p. 581. "Many jurists," says Kent, vol. 2, p. 88, "are of opinion that the adultery of the husband ought not to be noticed or made subject to the same animadversions as that of the wife, because it is not evidence of such entire depravity, nor equally injurious in its effects upon the morals, good order, and happiness of domestic life. Montesquieu, Pothier, and Dr. Taylor all insist that the cases of husband and wife ought to be distinguished, and that the violation of the marriage vow, on the part of the wife, is the most mischievous, and the prosecution ought to be confined to the offense on her part.--"Esprit des Loix," tom. 3, 186; "Traite du Contrat de Mariage," No. 516; "Elements of Civil Law," p. 254. Say you, "These are but the opinions of men"? On what else, I ask, are the hundreds of women depending, who this hour demand in our courts a release from burdensome contracts? Are not these delicate matters left wholly to the discretion of courts? Are not young women from the first families dragged into the public courts--into assemblies of men exclusively--the judges all men, the jurors all men?--no true woman there to shield them by her presence from gross and impertinent questionings, to pity their misfortunes, or to protest against their wrongs? The administration of justice depends far more on the opinions of eminent jurists, than on law alone, for law is powerless when at variance with public sentiment. Do not the above citations clearly prove inequality? Are not the very letter and spirit of the marriage contract based on the idea of the supremacy of man as the keeper of woman's virtue--her sole protector and support? Out of marri
PREV.   NEXT  
|<   926   927   928   929   930   931   932   933   934   935   936   937   938   939   940   941   942   943   944   945   946   947   948   949   950  
951   952   953   954   955   956   957   958   959   960   961   962   963   964   965   966   967   968   969   970   971   972   973   974   975   >>   >|  



Top keywords:

husband

 

courts

 
Bishop
 

marriage

 

opinions

 

public

 

jurists

 
discretion
 

Divorce

 

States


contracts

 

keeper

 

virtue

 

release

 
burdensome
 

matters

 

families

 

dragged

 

assemblies

 

wholly


delicate

 

demand

 
Elements
 
depending
 
exclusively
 

protector

 
support
 

hundreds

 
spirit
 
powerless

eminent
 

justice

 
depends
 
variance
 

citations

 

letter

 
sentiment
 
administration
 

wrongs

 
shield

supremacy

 

inequality

 

jurors

 

presence

 

misfortunes

 

protest

 
contract
 

impertinent

 
questionings
 

judges