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not so much from “original inferiority of mind as from the fact that education stops with women almost at the time it effectively begins with men.”
A later influence was that of the small societies in Salem, .composed of both sexes, one or more of which he joined while settled there as a young lawyer. These, under such fantastic names as the Moscheto Fleet, the Antediluvians, the Sans Souci, the Social Group, were formed to promote social intercourse. One of his lady friends said of him at this time: "He was a very handsome young mans, with the air and manners of a gentleman. He was a great and general favorite with young ladies, who always felt flattered by his attentions. Perfect propriety was one of his distinguishing traits."
Out of this circle he married the young woman of whom he wrote after her death six months later: "In losing my wife, I have lost the companion of my studies, the participator of my ambition, the consoler of my sorrows, and the defender of my frailties.”
The new domestic life, which, after several years of grief and bitter loneliness, came to him, also proved the capacity of the learned lawyer to fully assimilate affection's blessings. The pictures of the peaceful home life linger like a benediction. He left all his law in his library, and, his son tells us, spent his evenings, when at home, in receiving his friends, listening to musie, talking with his family, and what was very common, in playing a game of backgammon. This was the only game of the kind he liked, cards and chess never claiming his attention. He brought to the home a sunny temperament and that certain purity of atmosphere which ever delights the woman heart; for he was one of the comparatively few who had passed through the dangerous period of college life and early manhood without a stain or reproach. His son tells us he never used tobacco in any form, and never tasted wine or spirituous liquors, until he was thirty-two years of age--the year he began his duties as United States Judge—wben he was advised by a physician to take a little wine for his stomach's sake; for hard, protracted study had told on his physical nature.
As the years roll on, developing the ideas involved in the
great moral movements of this century, especially the woman movement, such well rounded, balanced men as Joseph Story will more and niore receive the respect of men as well as wo: men; for purity of life is more and more to be demanded as a necessary accompaniment of great mental and legal attainments. In the realization of a larger, a better civilization, the purely one-sided genius will disappear.
A few years since, I was visiting the quaint old town of Marblehead. While viewing the Town House—a building in its prime ip the days of George III.-a house nearly opposite, was pointed out to me as the birthplace of Judge Joseph Story. While gazing upon it, many things came back to me which I had read and heard concerning the eminent jurist, whose loyalty to woman in all the relations of life equaled his great legal abilities and his high judicial honors.
Elizabeth Porter Gould.
The following amendment to the Constitution of the United States is proposed by Congressman Springer, of Illinois:
ARTICLE XVT The Congress shall have power to make a uniform law of marriage and divorce.
Appended hereto are the causes of divorce, in this country, compiled from the Revised Statutes and subsequent session laws of the various States.
From this summary it will be seen that there is less real diversity in the divorce laws of the different States than many suppose.
Leaving out of the account South Carolina, in which State, though for certain causes the marriage is void or may be declared void, there is no law of divorce, we find that adultery is a cause for divorce, in every State. In three only, is there any. difference in this respect, whether the adultery is committed by wife or husband. In Kentucky, adultery by the wife is sufficient, but it is necessary that the husband should be living in adultery. So in North Carolina and Texas, the act on the part of the wife is sufficient, while the husband must be separated and living in adultery. In Texas, he must have abandoned his wife.
Again, in all the States but two, Connecticut and Louisiana, impotency is cause for divorce, or for declaring the marriage void. In many of the States, it must have existed at the time
of the marriage, and in some, it must be continuing at the time of application for divorce.
In all the States, abandonment is cause for divorce. The difference is in time of absence. But that may be considered matter of evidence; the question being the intent to abandon. In Virginia and Louisiana, that intent will not be considered sufficiently proved, until there has been an absence of five years. In Rhode Island it may be five years or less in the discretion of the Court. In Connecticut, Delaware, Georgia, Maryland, Maine, Massachusetts, Minnesota, New Jersey, Texas, West Virginia, Vermont and Ohio, the time specified is three years. In Alabama, Illinois, Indiana, Michigan, Mississippi, Iowa, Nebraska and Pennsylvania, two years will suffice, while in Arkansas, Colorado, Florida, Kansas, Kentucky, Missouri, Nevada, Oregon, Wisconsin, Washington and Montana, one year is deemed sufficient. In California, New Hampshire, Tennessee, North and South Dakota, New York and North Carolina, the abandonment may be proven by any competent evidence, without reference to the time of absence. But in New York and North Carolina the divorce from this cause can only be from bed and board.
In some States divorce can be obtained for absence a certain number of years without being heard from—willful absence a certain number of years, etc.
Again, cruelty is cause for divorce in all the States; though in Michigan, New York, New Jersey, North Carolina, Virginia, West Virginia, Georgia and Maryland, only separation from bed and board can be obtained for this cause. In Nebraska, the divorce may be complete, or from bed and board only; so also in Tennessee, at the discretion of the Court. The degree and nature of the cruelty are differently characterized in different States. Thus, in Virginia, Washington, Georgia and Maryland, it is simply cruelty, or cruel treatment; in California, Colorado, Delaware, Florida, Kansas, Nebraska, Maine, Massachusetts, Rhode Island, New Hampshire, Nevada, Michigan, Ohio, Montana and New Jersey, it is extreme cruelty; Illinois, extreme and repeated cruelty ; Connecticut, intolerable cruelty; in Indiana, Minnesota, New York, Oregon, Tennessee,
Wisconsin, and West Virginia, cruel and inhuman treatment; in Vermont, intolerable severity; etc., etc. In Alabama, Arkansas, Iowa, Missouri, Pennsylvania and North Carolina, it must endanger life. In Kentucky only is any time-specified. In that State, the statute requires cruel and inhuman behavior for six months. But cruel beating or injury, or attempt to commit such personal violence, is made a special cause, without reference to duration of time.
Habitual drunkenness is a cause for divorce in thirty-three States. In Arkansas, Colorado, Kentucky, Minnesota, Missouri, Oregon and Montana, it must have continued one year; in Illinois; two years; in New Hampshire and Ohio three years. In Wisconsin, if the wife is given to intoxication, it is cause of divorce in favor of the husband, but on his part, the habit must have been of one year's continuance. In Kentucky, it must be accompanied by a failure to provide for the family.
In Georgia, North Carolina and West Virginia, drunkenness is cause for divorce from bed and board only.
In twenty-eight States, having former husband or wife living, is either cause for divorce, or, as in most cases, the marriage is on that account, void or voidable.
In thirty-five States, imprisonment for, or conviction of felony or other infamous crime is cause for divorce; in Alabama, Kansas, New Hampshire, Ohio, Texas, Vermont and Washington, actual imprisonment is required; in the others, conviction is sufficient. In New Hampshire, the imprisonment must be for more than a year; in Vermont, under sentence for three years or more; in Alabama, two years, under sentence for seven years or more. In Maine, sentence to imprisonment for life and confinement under it, render the marriage void. In some of the States, which require conviction and sentence only, the sentence must be for life or a term of years.
Here are the seven principal causes of divorce. Adultery, abandonment or cruelty is sufficient in all the States; impotency in all but two, while habitual drunkenness, crime, or having former busband or wife living, is sufficient in a large majority of them.
Thus there is a consensus of the States upon the subject,