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arrive at a somewhat nearer, and more intimate understanding with the world, and with himself.

This ready mode of legislating in such matters, is not altogether confined to the south, and western states, but is also the practice in some of the oldest settled portions of the Republic, increasing the number of similar examples in every succeeding year; and by this means creating incentives to matrimonial infidelity from the ease-the exceeding facility with which the onerous and serious obligations of married life, are thrown aside, and got rid of. Even in the Catholic State of Maryland, these excesses have doubled in their number within the last few years. In the year 1836, every petition to the legislature of that commonwealth is reported to have been complied with, until the Senate, with the hope of checking these examples, and to relieve the State from the grievous scandal of this demoralizing system, proposed a law, making it compulsory, in the future passing of any Bill of divorce, that twothirds, at least, of each branch of the legislature, should concur in the prayer of the petition: but the House of Delegates, refusing their assent to these restrictions, the former mode of disposal is still persisted in. This includes cases, where no real, or proper cause for divorce in fact exists-where advantage is taken of a lax and imperfect mode of legislation, to sever by a revulsion of this kind, the most sacred obligation to which we can be bound in this life, regardless of the difficulties,-the misfortune entailed upon the numberless innocent parties who are constrained

to abide the merciless decree, that deprives them, in some sudden fit of petulant and angry quarrel, otherwise of immaterial consequence, of perhaps a parent, or a protector, and sends them forth houseless and destitute upon the world; a state of mere temporary disagreement, that without this additional incentive-this new encouragement thrown in upon the frequently excited passions of domestic strife, would very possibly in many cases subside into a happy and peaceful reconciliation, of patient sufferance, if not of quiet and reasonable

contentment.

Neither are we such determined advocates for this fixed organization,-that immutable and decided state of domestic and social arrangement, that would debar the many who are aggrieved in the marriage state, from some just legal protection, or redress. Where the temper, habits, and disposition, are so entirely dissonant, so determinately opposed to every hope of any permanent reconciliation, or mutual endurance, we can see but little reason to expect any ultimate peace or happiness; indeed it is far safer, as to consequence, to sever the tie in the very outset, by some decided measure of this kind (taking care to preserve the interests of any children there may be), than to drag through an existence, with not only the wearisome and concomitant evils this state usually produces, and with those strong and irreclaimable feelings of personal dislike, altogether irreconcileable, and equally destructive to our future individual peace

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and welfare. We would neither make a jest of the marriage vow-the very many obligations it imposes, by adopting the American code of divorce on the one hand, or having ventured in the leap, be constrained to live in the consciousness of an undeserved, an unredeemed and misplaced confidence, with a nature, temper, and disposition, so totally irreconcileable with our own, as to preclude every, the most distant hope of peace, or future happiness on the other. There are bounds to human endurance, while the end and aim of married life is for ever lost sight of, and the objects that it contemplates, rendered no longer attainable by such

means.

The British Parliament has perhaps acted wisely in restricting its legislation in such matters; as it generally requires the verdict of a jury establishing the guilt of the party against whom a divorce is prayed, as some warranty for their interposition. The States legislatures, or other local tribunals in America, are not quite so fastidious in this respect, though they generally expect that some grounds will be shewn, at least some prima facie evidence of criminality advanced, as a pretext for their interference. When a divorce is sought for, and desired by both parties, excuses of this kind are easily attainable. If no real cause exists, the parties are not always over nice or fastidious in the means they may resort to for this purpose. We state the following as an instance, recorded to us by an especial

friend, whose strict veracity we have never had · occasion to doubt under any circumstances.

Calling in one day, in the summer of 1837, on this gentleman, a Mr. D--, we found him. pacing up and down in the inner office of a wholesale establishment, in Pearl Street, New York, venting his displeasure in strange incoherent mutterings, at what he termed, the effrontery and unpardonable insolence of a well dressed, and tolerably fashionable looking American, of about five and thirty years of age, whom we met leaving the store

as we were about to enter. We felt some concern for our friend; but perceiving his anger to subside, and eventually to give way in an immoderate fit of loud laughter, we ventured our inquiry as to the cause of these strangely opposite feelings that appeared to have so unusually excited him. Our friend assented to our entreaty, and recalling our attention to the individual we had met quitting the establishment as we entered, went on to state, that this person had called upon him, as he said, “in a matter of pressing and grave importance." Mr. D-conducted him into his private office, where the following rather odd scene took place; the stranger assuring our friend, that he was exceedingly happy to have this opportunity of speaking with him in private-to ask his kind and friendly aid in an affair of some delicacy and moment to him. Mr. D, who was all suavity and politeness, begged to know in what particular way he

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could be of the least service. The stranger, who had assumed a confidence in his mission, assured him with much of seriousness, that of all men, he (Mr. D—) had the most in his power-his future happiness-his life-his all was in his hands; at the same time taking a tolerably accurate survey of our friend's dimensions, who was a tall man, somewhat near six feet-of good proportions, and reasonably handsome in his person; his healthy florid look bespeaking him a native of the old country; and proceeded to say in something louder than a half whisper-tone, whilst ever and anon he looked around to assure himself that no other party were likely to disturb their privacy, that he had called-and here he paused for a moment, until the attentive ear, and manner of Mr. D― again encouraged him to proceed; that in short he had called at the desire and particular request of his wife, who was young, and as the world would probably admit— well looking, if not handsome. He again paused, while Mr. D- again assured him, in his usual kind and bland manner, that he would indeed be exceedingly happy to do ought that might lay within his power that could either serve him, or his wife. Just so-just so, responded his friendly visitant; so indeed Mrs. (mentioning his wife's name) assured me, and that she was very certain you would be most happy to assist us in our present difficulty: for I will tell you, added he in an under, or more subdued tone, she has often seen you, Mr. D particularly on Sundays, when passing our house on

VOL. I.

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