The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-02-03
JNDAY MORNING, FEBRUARY 3, 1850.

burg be had for all papers relating to tsis ttls and
that be procured Of suoA ss shall bs
deemed important and necssssry evidence ia the
exceedingly injudicious legislation OF ls2l, BY an
act OF that session, the chief agent Of the putney
ezpare examination Of Robert Troup, JOSEPH Allo
and John Greg on interrosaores to be appts nd by
the chancellor, to estabsh title to the property de-
scent, heirship, death Of propristors 80 ard said
persons we're examined In pursuance of raid act aud
established important facts by psrol, which ouly
provsole by records and written Instruments aud also
proving important facts BY hearsay the WHOLE or
nearly the whole, examination being In violation of
the ordinary rules OF evidence, and gross abuse Of
the rights of persons not parties to the proceeding
ana haspg no opportunity to be heard In defence Of
nose rights These deposiiens we're, by the act aud
the certificate Of the chancellor under It, declared to
be yrmu aea evidence Of the facts In
ara were put on file In perpetaation Of those fats
BY this operation the whole order of the tfial Is
changed, and the people called upon to dsprovs
What under the ordinary rules Of evidence, these
alien pstrooos would first be bound to prove The
State having by its acts foreelosed itself of its
rights II is but just that IL should be at the ex
pense OF procuring the evidence resdsred necessary
ey s violation OF the rules prescribed for the govern
ment Of its citizens to subserye the interests Of
aliso prorrietors Of its SOFT
If this suit prosecuted at all the evidence OF the
witnesses and records abroad must be procured aud
THIS VIII require the expenditure OF AZ least 81 Ooo
propriatipg Sl0t0 for that purpose
All wlich Is respectfully submitted
l.. S. CHATFIELD, Attorney General
Decision AcAlHsr TnE LEGALITY OF DroRcEs ny THE
LtoisLArusE. ny THE SUPREME COURT PENNsrLvANIA.
:, ,Joags Conltsr yesterday delivered the opinion of
that tribunal In the Of Jones Jones That de.
ciion establishes that divorces by the Lexisla,ure
Tor causes within the Jurisdiction Of the courts d.
vofce cases are unconstitutional and null The effect
of this decson win be to invaidste seven eghths Of
The Divorces granted by the Legislature sincs 1896.
The consitsiion Of The State restricts the xers of
e Lcetsture, In divorce cases to causes not within
the jursoiction Of the courts These tribunals have
authority to grant divorces rineuto mqtumonii In
cases OF impotency, bssry adultery, wifal deseron
for oytsrs and cruel and barbarous and
save incompstibiiy OF temper, thsss almost the
only causes for which divorce would be sought In
the ca,e juet decided WIS. Jones the wife applied TO
the ommon l. ss OF Bucks county where she resided
for divorce, on the ground Of cruel treatment rhe
husband ressted aud upon trial the issue uted in
his favor and he divorce refused After~srd the
vii. applied to the Legislature without the vlsdge
OF the bu band a he alleges, aud act dvorony the
parties wac passed The wifs then brought an action
of eecimep sganst the husband t. recover posse
al pioprty which belonged to her, but in which the
husband claimed life estate, by virtue OF toe
rage The husband offered TO show the Court that
the divorce wa granted by the Legislature for tae
same csuse as was previously adj adcaed upon in the
court THIS evidence WAS overrulsd and the
went to the Supreme Court on that point. judge c.
fad at tbs plaintiff invoked Interpretation Of the
constitution ana TO Teach that necessary .osap
over an act of Assembly. In England, Psrlis at
granted divorces for sdultery But that body pro-
ceeGed with the utmost circumspectien, aud acted
as court examining into the proofs and alisgs-
tons, and requiring the fullest testimony In this
sists, the Legislature acts "a IL the graDt'Dg OF
disorset was exercise Of legislative power bat
such doctrine may well be questioned. The amended
granting divorces where the courts have power IL
has limited juri, dcti1n with express prohi
bition outside Of the liisitstion The act in this
merely divorces the paroles, and nuls the
tract witnout assigning any II Goes not sp-
pear from the act whether the cause was one within hs
Legislative power or net The position that cannot
behind the act obtain the reasons why A. pass
ed T. not sound 1t s tbs duty Of the courts guard
the constitution against violation The Lsgiaskure
has but limited power in divorce and 10 h
night t. aDnul the constitution IL would reqursocs
sip of the to leave out Of the act the Tor
which the act passed, and 1t would then become
consttutiopal The Legislature summons
gives notice TO the parties and acts upon pd- te
unony, nerely "a legislative matter In proceedings
By court Ct limited joris diction IL must erma.vsy
appear that the court bad jurisdiction; other It Is
jEdiee In Kentucky, it has been decided
that divorce by the Legilsture Is judicial act, rhs
deencnnt lad right oetablisb his case. and tie evil
dence offered TO show how the act OF the tgsature
was prscursd ought TO have been admitted The Le-
gilatuio net having the face o the sct expressed
the causs upon which IL granted, the matter is
thrown open fer jucical inquiry The jutgmsnt Is ra
yerssd
Judge Burnside gave notice that be dissented from
the opnicn OF the sjoty Of tae court IL will pro-
cuce ircalcuable Injury and he dissented from t
trey, from beginning TO end.-Phiiadeiphig Ledgsr
Ee6. /.