The New York herald., 1869-08-03
LITERATURE.

ESSAY ON DIVORCE AND DIVORCE LEGISLATION.
With special reference 70 tue United States ~
Theodore ID. W00lsey, ID. d., LII. ID. New YORK:
Charles Scribner Go. 1862.
The learned President Of Yale College has divided
his subject into SIX chapters. The first treats o(
divorce Among the Hebrews, Greexs and Ro-
mans;" the second OF the "D0ctrne of Divorce In
the New Testsment;n the third, OF the "Law OF
Divorce In the Roman Empire, and In the Christian
Church;' the fourth, Of "DIv0rce aud Divorce Law
IN Europe Since the RefOrmatl0n;" the fifth, u
"Divorce and Divorce Law in the United States {"
and the sixth ana last treats Of the ATTITUDE of che
Church Toward Divorce Law, Principles of divorce
Legislation The frst three chapters we viii simply
notice by stating that they are very interest
ing compilations OF facts; but they contain
nothing that we have not read many
times over. The fourth chapter, however Is
valuable for the clearness with which it shows how
the Reformation was Immediately followed by gen.
era lo0seness OF ideas regarding the marriage STATE
Luther himself going so far as to affirm thai "when
OF the parties wlthdraws from the Otner so tlat
common life with tine other" there was cause justify
ing the dissolution of marrtage. Chemuitz Zungh,
shades Of opinions in Ignoring the Catholic doctriae
OF indssolubity and IN making certain designated
offences, the commission OF which by the vile or
husband tended to ALLEVIATE or lnjure either, SUM-
clent cause Tor divorce Ever since the time of
Luther to the present day the Legislation OF all Pro
process by which an unwilling wife or husband
can get rid OF her or OF his marital obligations.
In all Catholic nations save France, whcre the
people may be justly said to ignore religion In the
State, all faiths being recognized by government.
tae sanctty OF the marriage Vie continues unim-
Is allowed the gravest OF social Offences, II is
guarded by legal restraints as tO maze IT lmpfacti-
0ossble TO i've wtn each other Longer SIN
guar fact, tOO that In France there are but few d.
vorce SUITS and between 1898 and ls40 IN the khlne
provinces Of Prussia containing 900 600 Proe5tantS,
there were but four divorces every 100 nnaoi-
tants, and here legislation Is based on the code Ma
dom 10. 224 During the same PERIOD In other parts
OF Prussia the number OF divorces 20 every 100000
Inhabitants ranged from lfty-seven IN the Judicial
district OF Berlin to sixteen In the judicial district Of
Greitswad.
But 1t is in the United States that divorce nour.
shes; and in spite Of the hgn standard Of education
In that section Of the Unlon New England shows q
greater iaxy Of respect for the marriage sate than
any other part Of the req republic Uatii within few
ten, there had not been q divorce c.se before the
courts Of south Carolina since her settlement. Dur
ing the eight years between 1850 and 1867 there
20lO couples divorced IN Connecticut to 33 227 mar
riages while Prussia in 1855 there but 2ps7
bad as this exhioit is does not fully con-
dition OF Affairs in Connecticut for the marriages
ported In that State include Catholics whO Froies
sOr WOOisey remarks, rarely petition for DIVORCE"
Deducting these the Professor comes TO the conclu
sion that one couple IL divorced IN Connections ITO
less than eight and half OF sO.caed Protestant or
rather non-Cath0lic marriages."
Lack OF space prevents our reviewing this really
interesting book as fully as We desire. DR.. wooisey
has carefully given an abstract OF all the divorce
laws and divorce statistics OF the different States Of
the Union, and has shown how seriously disregard
u OF the Sanctty OF the marriage tie the people of
this republic have become. he has written 10 sup
port Of such additional legislation Will check the
practice OF married couples rushing into the courts
and applying for divorces, frequently for causes
which should not be recognized as sufficient TO le
gally separate them. He favOrs such restraints as
VIII prevent the guilty parties where the cause is
adultery, from marrying the partner of his or her
crime; the making Of adultery penal; the prOhDi-
ton Of divorced persons remarrying within Certain
term; separation from bed and board as Temporary
measure protecting the injured party from pecunaiy
loss or denciency In the means OF support and de-
marriage settlement placed within his or her reach;
regulating the custody OF children; making the law
but little al the discretion OF Judges Uniformity in
the laws OF the different states relating to the pro-
cedure In petitions lbels for divorce aud attempt
trates unless adultery be the thing complained 81
On the whole this essay Is admirably written. The
cepted Is the tendency Of the age In which we live.
Under the c00rs or universal liberty the per.
ncious influences are at work Women
claim the right to participate in government
SO that. among other reasons, they might be able
to relieve themselves Of their marriage bonds with
strong minded woman declared In pubic speech
thai woman must "haye children when she peases
and by whom" Half the burden OF the strong
minded womens cry Is the legal vassalage her sex
bears TO man. On the other hand the men are not
backward In RIDING themselves OF their marriage
ties. Marrying hastily and without due considera-
tiDn OF the step they take, few years find maay
wearylng OF their bonds, which facile court Obe-
dlent to loosely worded laws sewers for them. The
evils OF which Professor WOolsey most eoquently
anu ably complains are very great, but we doubt II
legislation Will correct them. They properly belong
Will 60 hr toward either further eieyatng the hu-
man race or impeing 1t to q retroSraJe movement.
THE LITERATURE AND LITERARY MEN OF GREAT
BRITAIN AND IRELAND. BY Abraham Mills, A. NJ.
A.
Several years have passed since these volumes of
lectures were first published, and the opinion we
formed OF them at the time has never been changed
In most agreeable. comprehensive manner tine lit
eratule and literary men OF Great Britain and Ire
land are treated or Interesting sketches, COM
mencng with Ossian and ending with the celebrated
iunius, togetner with extracts from the works OF
lures In the two books. We doubt II any work now
"a print furnishes SO thorough an account
men, from the earliest ages, do these
lectures. They are admirably adapted 10 the
sSe,r clearness, elegance Of dictIon, reliability and
To the student they will convey an
immense amount OF information IN comparatively
small space, and, from the pleasant style IN which
they are written, will leave upon the mind more
lasting impression than most other books Of the KIND
DO. In bringing these lectures again before the public
the publishers have done we'll Like wine, they
Improve with age; and reading them, "a we have.
amonnt Of pleasure whicn few books OF later date
have done. The mechanical execution OF both
volumes Is all that could be desired. The type IN
which they are printed is large and clear the paper
excellent, and the binding neat and serviceabe.
LOVE AND LAND. Poems by Michael Scanlon Bos.
tons Patrick Donahoe. 1859.
This volume s full OF devotion to the land OF the
authors nativity. IL Is brimful OF patriotic anmos
ty to England Itsngs the glorles Of ireland, lauds
The heroism of her sons and is fairly efervescent
with passionate appeals to the Fenlans All this is
very good in measure. the love verses too
abound In rapturous sentiments. But the amouns
Of real poetry In the book Is lamentably small a
lew gems, display Ing the true poetic spirit are hid
In the collection, like pearls thrown careessly IN the
sand. Unfortunately one Is compelled to pod
through page ater page OF less than mediocre verses
before he can nnd one OF them. some of Inc veraes
are absonte. unmiugated trash, without a partice
ol reason, and with out very little rhyme from hc.
ginning t0.cnd. On the whole this IA n very sfunid
boo$ and rs peFasa mas given us such headacne