a

one thing we can warn him—that the possession of the court. This evidence was overruled, and the such capabilities as his involves a terrible and yet case went to the Supreme Court on that point. most blessed responsibility ; that the novel, how

Judge Coulter said that the plaintiff invoked an ever charlatans may degrade it, and the lazy world it was necessary to leap over an act of assembly.

interpretation of the constitution, and to reach that love to have it degraded, is in idea, next to the In England, Parliament granted divorces for aduldrama, the highest organ of moral teaching, and in tery. °But that body proceeded with the utmost practice just now a far more powerful one. Wheth-circumspection, and acted as a court, examining er he be in earnest or not in the higher tone into the proofs and allegations, and requiring the which he has taken in The Caxtons, or whether it fullest testimony. In this state, the legislature acts has been assumed merely ad captandum vulgus, legislative power; but such a doctrine may well be

as if the granting of divorces was an exercise of matters little to us; his book is just as wise and

questioned The amended constitution expressly useful; but to him it matters much. The day prohibits the legislature from granting divorceg will come when the secrets of all hearts shall be where the courts have power. It has a limited disclosed—when the most miserable penny-a-liner jurisdiction with an express prohibition outside of shall have to give account of his “enormous the limitation. The act in this case merely digooseberries," as well as Isaiah of his prophecies; vorces the parties, and annuls the contract, without when every novel of his, from Pelham to The Cax- assigning any reason. It does not appear from the tons, will be reviewed in fearful earnest by the act whether the cause was one within the legisla

power or not.

The position that we cannot go Supreme Artist, the Critic who is "no respecter behind the act to obtain the reasons why it passed, of persons," and Sir E. B. Lytton will surely be is not sound. It is the duty of the courts to guard judged before heaven and earth for every word the constitution against violation. The legislature written in the body, whether it be good or evil. has but a limited power in divorce cases, and it has We invite him to take note of that fact, before the no right to annul the constitution. It would require publication of his next more last words."

but a slip of the pen to leave out of the act the cause for which the act was passed, and it would

then become constitutional. The legislature never IMPORTANT DECISION OF THE SUPREME COURT summons or gives notice to the parties, and acts OF PENNSYLVANIA, RELATIVE TO DIVORCEs upon ex parte testimony merely as a legislative mat

ter. In proceedings by a court of limited jurisdicBY THE LEGISLATURE.

tion, it must affirmatively appear that the court had JUDGE Coulter, of the Supreme Court of Penn- jurisdiction, otherwise it is coram non judice. In sylvania, yesterday delivered the opinion of that Kentucky, it has been decided that a divorce by the tribunal in the case of Jones vs. Jones. That legislature is a judicial act. The defendant had a decision in fact establishes that divorces by the legis- right to establish his case, and the evidence offered lature, for causes within the jurisdiction of the courts to show how the act of the legislature was proin divorce cases, are unconstitutional and null. The cured ought to have been admitted. The legislaeffect of this decision will be to invalidate seven ture not having on the face of the act expressed the eighths of the divorces granted by the legislature cause upon which it was granted, the matter is since 1836. The practice has been very loose, and thrown open for judicial inquiry. The judgment divorces have been granted in cases where the rea- | is reversed. sons have been frivolous, and the causes alleged Judge Burnside gave notice that he dissented such as were entirely within the jurisdiction of from the opinion of the majority of the court. It the courts, if application had been made to them. will produce incalculable injury, and he dissented The constitution of the state restricts the powers from it entirely, from beginning to end.—Ledger. of the legislature, in divorce cases, to causes not within the jurisdiction of the courts. These tribunals have authority to grant divorces a vinculo

GROUNDS FOR DIVORCE. matrimonii in cases of impotency, bigamy, adultery, wilful desertion for two years, and cruel and bar- FROM A REPORT RECENTLY MADE BY MR. CORNELL barous treatment; and, save incompatibility of temper, these are almost the only causes for which Maine.—Desertion five years ; joining Shakers; a divorce would be sought. The legislature, how- imprisonment in the state prison or penitentiary five ever, have divorced parties without regard to the years ; drunkenness three years. fact whether the courts have authority to divorce New Hampshire.—Desertion, or absence, not for the alleged causes.

heard of, three years; three years' neglect of family; In the case just decided, Mrs. Jones, the wife, extreme cruelty. applied to the Common Pleas of Bucks County, Massachusetis.-Imprisonment seven years. where she resided, for a divorce, on the ground of Rhode Island.-Desertion five years, habitual cruel treatment. The husband resisted, and upon drunkenness, neglect of family, extreme cruelty, trial the issue resulted in his favor, and the divorce" and also for any other gross misbehavior and was refused. Afterwards the wife applied to the wickedness in either of the parties, repugnant to, legislature, without the knowledge of the husband, and in violation of the marriage covenant. as he alleges, and an act divorcing the parties was Connecticut.- Desertion three years, absence, not passed. The wife then brought an action of eject- heard from, seven years. ment against the husband, to recover possession of Vermont.—Desertion three years, cruelty, improperty which belonged to her, but in which the prisonment three years, absence seven years, neghusband claimed a life estate, by virtue of the mar- lect. riage. The husband offered to show the court that New Jersey.-Desertion five years. the divorce was granted by the legislature for the Pennsylvania.—Desertion two years, cruelty. same cause as was previously adjudicated upon in Ohio. -Desertion three years by either party,

TO THE NEW YORK LEGISLATURE.

Illinois.-Desertion two years, cruelty, drunken-mind from the true nature of prayer. There is ness, two years' imprisonment for crime. Michigan.-Desertion two years, enness, imprisonment three years.

habitual drunk-mean to tell the audience. The affectation of particularity in prayer, or undue adaptation to the present circumstances, in minute and temporal things, is a gross evil. It may be doubted whether the spirituality of a worshipping assembly is in any degree promoted by constant reference to the state Tennessee.-Desertion, two years' imprisonment. of the weather, the roads, or the number of perKentucky.-Desertion three years, felony, neg-sons present. Our errand to the throne of grace

Virginia.-Desertion, cruelty, drunkenness. Delaware, Maryland and Georgia.-Divorces in these states seem to be entirely left to the legisla

66

From the New York Courier.

intentions and sentiments of the somewhat mottled

party opposed to the administration of General REMINISCENCES OF CONGRESS.

Jackson. We have received a very interesting extract of the speech, after he had gone to the capitol, he

So Mr. Webster thought, and on the morning from a work, nearly ready for the press, by called Mr. Bell into the robing-room of the senate, Charles W. March, Esq., made up of reminis- and told him his difficulty. “You know, Mr. cences of Congress, which cannot fail, in onr judg. Bell,” said he, “my constitutional opinions. ment, to be well received by the public. Mr. There are, among my friends in the senate, some March is well known as one of the most cultivated who may not concur in them. What is expedient and vigorous writers in the country. He is familiar to be done?! Mr. Bell, with great emphasis of with public life and public men, and has qualifica- fully, his thoughts upon the subject. Ti is a

manner, advised him to speak out, boldly and ljons of a very superior order for the preparation critical moment, ” said he," and it is high time of such a work. His purpose, we understand, is the people of this country should know what this 10 present, in a series of chapters, sketches of the constitution is."'-" Then,” replied Mr. Webster, inost striking debates and the most distinguished by the blessing of Heaven, they shall learn this jnen in Congress for the past ten or fifteen years. day, before the sun goes down, what I understand The following chapter, descriptive of the great

it to be." discussion between Webster and Hayne—which

On Tuesday, January 26th, 1830-a day here

after forever memorable in senatorial apnals-the is, thus far, the greatest forensic exhibition this senate resumed the consideration of Foote's resolucountry has ever witnessed—will indicate the tion. There never was before, in either house, an general scope and character of the work, and occasion of so much excitement. As early as nine the style in which it will be carried out. We o'clock of that morning, crowds were pouring into are confident it will attract and reward general the capitol ; by 12, M.-the hour of meeting—the attention :

senate chamber-galleries, floor, even the lobbies

—was filled to its utmost capacity. The very stairWEBSTER'S REPLY TO HAYNE.

ways were dark with men, who hung on to one another, like bees in a swarm.

The house of representatives was deserted. An It was not alone the combined strength of the adjournment would hardly have made it emptier. administration party in the senate Mr. Webster had The speaker, it is true, retained his chair, but no to fear. He could not but be in doubt respecting business of moment was or could be attended to. his political allies. The character of the minority Members all rushed in to hear Mr. Webster, and at this time was somewhat anomalous. It was no call of the house or other parliamentary rule composed of federalists of the old school, who had could bring them back. The floor of the senate adhered to the elder and younger Adams, notwith- was so crowded, and more particularly that pari standing their gross tergiversations ; of those re- of it in the rear of the vice-presidential chair, ihat publicans, who, in the preceding canvass, from persons once in could not get out or change their personal or local, rather than from political consid- position. The chair of the vice-president has erations, had preferred Mr. Adams to his com- windows of painted glass at each side of it, and a petitor; and of “national republicans," so called hole is still visible upon one of the panes, made -a party formed indifferently of the two others. with a knife, by Dixon H. Lewis, then a member To make an argument which should satisfy all from Alabama, for the purpose of seeing the without offending either of these classes seemed a speaker. He had become wedged in the crowd on task difficult to be accomplished.

either side, directly back of the chair, and as, from Upon the interpretation of the constitution Mr. his enorinous size, he could not displace a sufficient Webster feared the greatest diversity of opinion. portion of the crowd to gain a position elsewhere Up to the time of this debate, no construction, com- that commanded the presence of the orator, he remanding universal or general assent, had prevailed. sorted to this expedient. There were many so Opinions were as various as persons. Mr. Web- placed as not to see the speaker at all. sier doubted therefore for some time whether to The courtesy of senators accorded to the fairer give public expression to his own constitutional sex room on the floor--nay, in many instances, views.

their own seats. Their bright eyes

dresses Fortunately for the country and his own reputa- threw a picturesque beauty er the scene, softention his doubts were removed. His warmest ing and embellishing it. friends urged with great eagerness ypon him an Seldom, if ever, had speaker in this or any other unequivocal, unreserved declaration of his views. country more powerful incentives to exertion ; a None were more trusted or esteemed by him than subject, the determination of which involved the Samuel Bell, then a Senator from New Hamp- most important interests, and even duration, of the shire. Originally a federalist, he had gone over republic; competitors, unequalled in reputation, to the republican party, early on the accession of ability, or position ; and an audience, comprising Jefferson, and had supported his administration not only persons of this country most eminent in with warmth and efficiency. He had advocated intellectual greatness, but representatives of other and defended the war with Great Britain, and all nations, where the art of eloquence had flourished other measures of the party up to the presidential for ages. All that the soldier hopes from opportucanvass of 1824. On that occasion, as well as four nity was here. years later, without any violence to his political Mr. Webster perceived and felt equal to the desprinciples or antecedents, he had favored the pre- tiny of the moment. The greatness of the hazard iensions of Mç Adams. From his history, char-exhilarated him. A confidence in his own resources, acter, and general knowledge of persons and meas that sprung from no vain estimate of his power, ures, he was perhaps the best exponent of the I but was the legitimate offspring of previous severe

and gay

limner transfer to canvass their earnest, eager, | There was no chord of the heart that the orator did awe-struck countenances. Though language were not strike with a master-hand. The whole speech as subtle and flexible as thought, still it would be was a complete drama, varied with comic and paimpossible to represent the full idea of the scene. thetic scenes; laughter and tears gaining alternate There is something intangible in an emotion, or victory. sentiment, which cannot be transferred. The nicer shades of feeling elude pursuit. Every description, therefore, of the occasion, seems to the relater himself, tame, spiritless, unjust.

Much of the instantaneous effect of the speech arose, of course, from the orator's delivery-the These tones of his voice, his looks, and manner. die mostly with the occasion that call them forth; or lose vastly in the transmission from one mind to another. They can only be described in general terms. "Of the effectiveness of Mr. Webster's manner, in many parts," says Mr. Everett, "it would be in vain to attempt to give any one not present the faintest idea. It has been my fortune to hear some of the ablest speeches of the greatest living orators on both sides of the water, but I must confess I never heard anything which so completely realized my conception of what Demosthenes was when he delivered the Oration for the Crown." Certainly, Kean nor Kemble, nor any other masterly delineator of human passions, ever produced a more powerful effect upon an audience never controlled, more resistlessly, their minds and

hearts.

No man ever looked the orator more than he did His countenance -"os humerosque Deo similis." spake no less than his words. His manner added even new force to his strength. As he stood, swaying his right arm, like a huge tilt-hammer, up and down, his swarthy countenance lighted up with excitement, he appeared amid the smoke, the fire, the thunder of his eloquence, like Vulcan in his armory forging thoughts for the gods!

The human face never wore an expression of more withering, relentless scorn than when the orator replied to Hayne's allusion to "the murdered coalition." "It is," said Mr. W., "the very cast-off slough of a pol.uted and shameless press. Incapable of further mischief, it lies in the sewer, lifeless and despised. It is not now, sir, in the power of the honorable member to give it dig. nity or decency, by attempting to elevate it, and introduce it into the senate. He cannot change it from what it is an object of general disgust and scorn. On the contrary, the contact, if he choose to touch it, is more likely to drag him down, down to the place where it lies itself." He looked, as he spake these words, as if the thing he alluded to was too mean for scorn-and the sharp, stinging enunciation added to the severity of the words. The audience seemed relieved-so crushing was the expression of his face-when he turned to other subjects.

The good-natured yet provoking irony with which he described the imaginary though life-like scene of direct collision between the marshalled array of South Carolina under General Hayne on the one side, and the officers of the United States on the other, nettled his opponent even more than his severer satire; it seemed so ridiculously true. Mr. Hayne inquired, with some degree of emotion, if the gentleman from Massachusetts intended any personal imputation by such remarks? To which Mr. Webster replied, with perfect good-humor: "Assuredly not-just the reverse.

The variety of incident during the speech, and the rapid fluctuation of passions, kept the audience in continual expectation and ceaseless attention.

A great portion of the speech is strictly argu mentative; an exposition of constitutional law But grave as it necessarily is, severely logical, abounding in no fancy or episode, it engrossed throughout the undivided ear of every intelligent hearer. Abstractions under the glowing genius of the orator acquired a beauty, a power, a vitality to thrill the blood and kindle the affections, awakening into earnest life many a dormant faculty. His ponderous syllables had an energy, a vehemence of meaning in them that fascinated, while they startled. It was a sense of power-of power withheld and suggestive of greater power-that controlled as by a mysterious spell the hearts of all. For power, intellectual or physical, produces in its developIt was never ment a feeling nearly allied to awe. more felt than on this occasion in its intellectual character. It had entire mastery. The sex which is said to love it best and abuse it most, seemed as much or more carried away than the sterner one. Many who had entered the hall with light, gay thoughts, anticipating at best a pleasurable excitement, soon became deeply interested in the speaker and his subject-lent him to the last their entire heart and mind-and, when the speech was over. left the house with sadder, perhaps, but more ennobling feelings.

The exulting rush of feeling with which he went through the peroration threw a glow over his countenance like one inspired. Eye, brow, each feature, every line of the face, seemed touched with celestial fire. All held their eyes upon him, as by a species of fascination. So Moses appeared to the awe-struck Israelites, as he emerged from the dark clouds and thick smoke of Sinai, his face all radiant with the breath of divinity.

The swell and roll of his voice struck upon the ears of the spell-bound audience, in deep and melodious cadence, as waves upon the shore of the The Miltonic grandeur "far resounding" sea.

of his words was the fit expression of his thought, and raised his hearers up to his theme. His voice. exerted to its utmost power, penetrated every recess or corner of the senate-penetrated even the ante-rooms and stairways as he pronounced in deepest tones of pathos these words of solemn grandeur: "When my eyes shall be turned to behold, for the last time, the sun in heaven, may I not see him shining on the broken and dishonored fragments of a once glorious Union; on states dissevered, discordant, belligerent! on a land rent with civil feuds, or drenched, it may be, in fraternal blood! Let their last feeble and lingering glance rather behold the gorgeous ensign of the republic, now known and honored throughout the earth, still full high advanced, its arms and trophies streaming in their original lustre, not a stripe erased nor polluted, not a single star obscured, bearing for its motto no such miserable interrogatory as, What is all this worth? Nor those other words of delusion and folly, Liberty first and Union afterwards; but everywhere, spread all over in characters of living light, blazing on all its ample folds, as they float over the sea and over the land, and in every wind under the whole heavens, that other sentiment, dear to every American heart-Liberty and Union, now and forever, one and inseparable."

The speech was over, but the tones of the orator