tice announced that he was dead, and that for ages. Boyle's illustrious deeds and rare Kentucky mourned. Nor has either marble virtues, if faithfully recorded and transmitor canvass, chisel or pencil, preserved any ted, will be long and gratefully remembered trace of his person. But this is just what he by approving posterity. And should a Taci would have preferred. He desired none of the tus ever become his biographer, his name will empty pageantry of mock sorrow-his memory be as immortal and at least as much honored needed no perishable memorial. Like old as that of Agricola. Cato, he built his own monument--and one far more honorable and enduring than any marble cenotaph or granite column.

And now and henceforth, in all time to come, may every American youth emulate the Personal reminescences of the most revered virtues and imitate the bright example of John of our race moulder with their dead bodies, Boyle-and then, like him, he may be able and are soon buried forever with the dying honestly to declare, with the expiring breath generation that knew and loved them. Their that wafts him to eternity, "I HAVE LIVED deeds and their virtues alone may be embalmed FOR MY COUNTRY."

PRELECTION.

Lexington, Nov. 14th, 1842. Dear Sir:--We, the undersigned, a Committee appointed on the part of the Law Class, are instructed to request a copy of your very eloquent and appropriate address, delivered before the Class on Thursday last. By acquiescing, you will confer a favor upon us individually, and upon the Class.

D. HOWARD SMITH,
JAMES L. ALLEN,
JOHN I. JACOB, JR.,
W. B. HENDERSON,
JOSEPH P. FOREE,

HON. GEORGE ROBERTSON.

Committee.

Lexington, Nov. 17th, 1842.

Gentlemen:-The little Introductory Address, for which you have been pleased to express such favorable consideration, was intended chiefly for yourselves and those whom you represent, and therefore it is yours to dispose of as you may desire.

Yours, respectfully,

Messrs. D. H. Smith, J. L. Allen, and others.

G. ROBERTSON.

ADDRESS.

under the yoke or in a state of single blessedness, I propose, in this introductory address, unexpectedly and very hastily prepared, to present to you a syllabus of our law respecting marriage and divorce.

Harmony is nature's law, and wonderful old of manhood and the illimitable territory simplicity the order of Providence. Gravita- | of law, aud that it might not be altogether untion is not more universal or effective in the acceptable to a miscellaneous auditory, whether material than love is in the moral world. The moral, as well as the physical economy of the earth, is upheld and harmonized by an admirable chemistry, as universal and resistless as the voice of God. We are not gregarious merely, but instinctively, necessarily, and eminently social. Society is the natural state of man, and love is the attractive element of cohesion which binds us together, and the gravitating principle which holds us fast, as with chains of gold, to the almighty centre and source of all being.

Reverence to God and sympathy for one another, are natural emotions of mankind; and consequently, religion and benevolence eminently distinguish our race, and point intelligibly to its duties and its ultimate destiny.

The

We have said, and truly, that marriage is both a natural and civil union, the parent and the offspring of primitive society, and therefore, a fundamental relation, natural, social and civil. As defined by Rutherforth, it is a contract between a man and a woman, in which, by their mutual consent, each acquires a right in the person of the other for the purposes of their mutual happiness, and of the protection and education of children."

As it is a spontaneous union, for weal or for woe, it cannot be valid between the parties, But there is a more vital principle-a sexual without the unconstrained consent of both, and sympathy, that pervades and vivifies the living when each was legally competent to make universe-a more than Promethean fire, that such an alliance. But, though necessarily burns in the human heart, even when not one consensual, and partaking of the character of spark of vestal light may glow on the altar of a civil contract, it is anomalous, and in many God. This is the punctum saliens of being, of respects, sui generis. The legal age required society, and of human jurisprudence; and its for irrevocable consent to most commercial first hallowed fruit is marriage. The conjugal contracts is not necessary to the validity of is the natural condition of the sexes. marriage, which may be binding, if actually bridal couch is prepared, and the nuptial knot consummated, between parties deemed habiles is tied by the hand of Omnipotence. Marriage is ad matrimonium, and that is, according to the not only a sacred union; it is also a rudimental common law, when the male is 14 and the ferelation, coeval with the first pair on earth-male 12 years old. Marriage, at or after those the nucleus of society-the parent of social order and civilization-the guardian of household purity-and the source of domestic charities and joys, without which man would be a wandering savage and woman a beast of burden. The beautiful and most eventful apologue revealed to us concerning our first progenitors, illustrates the true object and nature of the virtuous love and pure conjugal union of man and woman. It prescribes, too, the appropriate sphere of husband and wife-and, whilst it shews that she is "bone of his bone, and flesh of his flesh," and therefore subordinate, it exemplifies the fact of her potential supremacy over his will.

As marriage, holy though it be, is also and chiefly a social and civil relation, it is subject of course to human as well as divine law; and few branches of our jurisprudence are more interesting or important than that which regulates the matrimonial state and its consequential rights and obligations.

ages, is neither void nor voidable on the ground of infaney or juvenile indiscretion.

According to the same ancient code, a marriage de facto, without any formal solemnization or proof of consummation than cohabitation and recognition, may be binding on the parties, and for most purposes as effectual as a marriage de jure. But a mere agreement to marry in futuro, is not ipsum matrimonium; and though a legal obligation may result from such a prospective stipulation, for a breach of which damages might be recovered, nevertheless a Court of Equity would never compel a specific execution, because coercion would frustrate the desirable ends of matrimony.

Contemplating the equality of the sexes surviving "the accidents of flood and field," the importance of having well defined legal heirs, and the inappreciable value of concentrated affections, conjugal, filial, and parental-the genius of our common law, like that of Christianity, unites with the voice of nature and the Presuming that the subject would interest suggestions of enlightened policy, in denounc and amuse young men just entering the thresh-ing, as meritricious, any other matrimonial

connexion than that of monogamy; and conse-contract, might still be recognized as valid by quently as long as the legal relation of husband our courts, if such a marriage here would be and wife shall continue to subsist, neither of legal;-for example, the actual marriage of a the parties to it can lawfully marry any other monk in Spain, which is prohibited by that person, and any such prohibited marriage will Catholic sovereignty. be nullified by such subsisting pre-contract. And the same code of law only echoes the voice of nature, when it declares that duress, fraud, mental imbecility, and a prohibited degree of propinquity by blood or affinity, may avoid a marriage ab initio.

Such is the international rule in Protestant Christendom, as to the status of marriage, or the marital condition of the contracting parties.

But, as to the legal consequences of marriage, a different rule of comity prevails. The law The legitimate effects of marriage, and the of the contemplated or actual domicil regulates importance of the various relative interests in- marital rights to moveable property; the law volved in it and depending on it, constitute it of the situs governs the same rights to immovan union for life, indissoluble, according to able estate; and the law of the habitation natural law, by either party without the con- controls the personal relations and obligations sent of the other, or without a substantial of the parties. No other sovereignty than breach by one, or the concurrence of both, and that of the domicilium habitationis can authorize perhaps not even then, if they have any child such a divorce as will be deemed valid in any to rear; and the divine law, as now revealed, forum of that domicil; for it might be as subverseems to prohibit a divorce even for a breach sive of the independence and conservative sovof the contract of marriage; for, though the ereignty of a nation to suffer a foreign sovJewish Legislator, (Moses,) permitted divor-ereign to control its domestic institution and ces, yet his more perfect successor, contem- relation of marriage, as it would be to permit plating the Christian economy in lieu of Ju- such foreign legislation over its terra firma, daism, said, "Whom God hath joined together, let no man put asunder."

which has never been allowed or claimed. Consequently, a divorce of the citizens of one nation, granted by the authority of any other nation, may not be admitted as valid in any of the domestic tribunals.

The common law is less tolerant of divorces, and far less liberal to wives than the code of Justinean.

Marriage is moreover, juris gentium; and, according to a modern code of international comity recognized among most Christian nations, the lex loci contractus generally deter- The positive laws regulating marriage and mines the validity of this, as well as of other defining the relative rights and obligations contracts. The degrading and injurious con- resulting from it, differ essentially in different sequences that might obviously and frequently countries; and in these respects, the common result from any other doctrine, have at last law of England, which is substantially our compelled proud England reluctantly to ac- law, is materially variant from the civil code knowledge the validity of even the stealthy of Rome, which is the substratum of the laws marriages of her own subjects, at famous of a great portion of modern Europe, and also of Gretna Green, in open violation of her local those of Louisiana. laws. But the recognition of all foreign marriages, valid where consumated, would neither be required by the fundamental principle of comity, nor be consistent with its reason. Our Teutonie code merges the legal exisThat principle, being the offspring of the mu- tence of the wife in that of her husband; intual interests of commercial nations, extends capacitates her to make any contract or testano further than may be useful for subserving mentary disposition otherwise than in executhose interests; and is consequently this-that tion of a power, express or implied; gives to foreign laws, though not entitled, proprio vigore, the husband a harsh dominion over her person, to extra-territorial operation, shall neverthe-the full exercise of which would not be toleraless be deemed as ubiquitous as the rights af- ted by the less authoritative but yet more fected by them, unless by giving them such supreme law of public sentiment, in a Chriseffect in a particular nation, its institutions, or tian society of this enlightened age. And, as its local policy, or the just and preferred rights to property, the same law is also unequal and of its own citizens might be undermined or apparently harsh. It vests absolutely in the jeoparded. Consequently, incestuous marria-husband all the moveable property possessed ges, incompatible with domestic purity; polig- by his wife at the time of her intermarriage, amy, or more wives than one; and polyandry, and the usufruct of her immovable estate duor a plurality of husbands, even though re- ring their joint lives, and even after her death cognized by the law of a foreign country, and as long as he may live, in the event of his where these unnatural unions may have been survivorship, the birth of an heir, and the refirst consummated, would not be tolerated in duction of the estate to his actual possession this country where they are deemed pestilent during the coverture. It gives to him also all and extensively mischievous. And, consistent- the chattels that come to her during the marly with the same conservative principle of riage; a right to recover and appropriate to comity, a foreign marriage unreasonably de- his own exclusive use all choses in action clared void by the local law of the place of the accruing after the marriage; and as adminis

trator, without liability to distribution, all practical philosophy. This species of divorce is

those also which accrued to her before covert- granted here by a court of equity only; and the ure, and had not been reduced to possession divorce is accompanied by a monition to the parat her death. ties to live chastely, and also leaves the door to But the same law allows to the wife nothing reconciliation and restitution wide open. If a during coverture; and, in the event of her sur-wife be thus separated, she is entitled to ALIMOviving her husband, gives her, only for life, NY or a reasonable annuity for her maintenance. one-third of his real-estate, and a distributive And, presuming conformity with the decretal share of his personalty absolutely after the injunction, the law will, PRIMA FACIE, deem payment of his debts. illegitimate all children born during the separation.

But this very general and imperfect outline would leave our legal code subject to unjust Notwithstanding the value of the social inimputation, unless we should add to it the tercourse depending on the stability of this memorable fact, creditable to English jurispru-inost important of all the domestic relations, a dence, that modern Equity, with a rational and dissolution of the matrimonial chain is authorliberal spirit, has gallantly interposed and cov-ized, for some cause or other, in all Christenered the helplessness of coverture with its pro-dom, excepting only in such portions of it as have tecting shield. By interweaving into the iron established Catholicism, which looks on marweb of the ancient common law some of the riage as an inviolable sacrament, and theresofter and finer fibres of the civil code, courts fore indissoluble and intactable by human of equity have greatly improved the texture of authority. the entire fabric, in many respects, and in none According to our common law, the canonimore essentially than in the melioration of the cal disabilities of consanguinity, affinity, and condition of married women. Equity recog-anti-nuptual infirmity, render a marriage voidnizes the distinct existence, and to a limited able only; and it is nevertheless good for all extent, the separate rights of wives; it permits civil purposes until after a sentence of nullity, them to sue their husbands for good cause, and which cannot be pronounced after the death of will protect them against tyranical and cruel either of the parties. But the civil disabilities abuse; it will also enforce post-nuptial con- of pre-existing marriage, want of age and tracts; allows wives to enjoy and dispose of want of mind, prevent a valid matrimonial separate property; and will neither always contract, and therefore make it absolutely permit nor ever aid a husband to obtain the void. In neither class of cases, however, can possession of his wife's property, unless he will a nullification of the marriage be appropriately first secure a competent maintenance to her, denominated a divorce, which, in its strict and her children also, if she have any. sense, is a dissolution of marriage valid and binding between the parties at the time of consummation.

And thus, next to the Christian religion, Equity may justly claim the most grateful tribute of wives, for the comparative elevation on which they stand in this land of law and age of light.

This skeleton of our law on the subject of marriage and its incidents brings us to the interesting inquiry-how is the Gordian knot to be relaxed or cut? And the answer is, only by death or divorce.

Divorces are of two classes-first, divorces A MENSA ET THORO—and, second, divorces A VINCULO MAMRIMONII, The first is only a temporary separation from bed and board, still leaving the parties in the legal relation of husband and wife; the second dissolves the matrimonial tie, and places the parties or one of them in STATU QUO.

By our law, the first class of divorces are allowable for inexcusable abandonment, or S.EVITIA or that kind of cruelty which endangers life or health. Any less degree of misconduct or neglect, however tormenting, will not authorize such a divorce, which is deemed perilous to morals by liberating the parties and still leaving husbands without wives, and wives without husbands." For relief from incompatibility of taste, asperity of manners, acerbity of temper, offensive habits, or opprobrious words, the suffering party must draw on the consolations of religion or the fortiude of

The laws of different nations and ages have also differed essentially as to the prescribed causes for a divorce A VINCULO.

In the early history of Rome, divorces were unknown; yet, in the most refined ages of the Republic, either party might renounce the matrimonial union without any other cause than a wish to do so; and even when, in a later age, the same latitude of license was not indulged, a husband might repudiate his wife for trifling and frivolous causes, which might often occur in the happiest wedlocks. Such laxity tended to the frustration of the most cherished ends of marriage and to the unhingement of society.

Antecedently to the French Revolution, marriage was indissoluble in France; but the volcanic eruption, that inundated the institutions and works of ages, desecrated the legal union of the sexes; and in 27 months, there were six thousand divorces in the single city of Paris. And even the Code of Napoleon allowed divorces for many causes, among which was mutual and persevering consent.

The Dutch law allows divorce for incontinence and malicious desertion only. And, in England, a divorce, A VINCULO, is granted for one cause and by Parliament alone. In South Carolina no divorce has ever been granted.