the arrangement, it might with great propriety, and much benefit to the sound and sense, be treated after the conjunction, and the order would then stand thus :-adverb, preposition, conjunction, imprecation, and interjection. Or, if he startle at the introduction of a part of speech unknown, or but little known to our forefathers, he may insert it as a variety, but a most important one, of the interjection. But I do not much mind whether or not the people who put our grammars together, or those who teach our children to read, adopt my suggestion. Fortunately for the public, the subject of which I am writing can be thoroughly learnt and understood without the aid of Murray, Bell, or Lancaster, and with a rapidity to which the system of Dufief has no pretensions. On the moral effect of swearing, it would be presumptuous in me to hazard an opinion; for in the course of my reading I find, that in nearly six thousand years the human race have not come to an agreement upon any one point of morality. Anciently, in Sparta, stealing was, and to-day among many tribes of men it still is, accounted a very clever thing; while among us it is punished as a capital crime. In Turkey, a man may have as many wives as he pleases without incurring censure; while here the appropriation of two would be a very serious affair. The civilized nations of Europe are yet scarcely agreed upon the propriety of denominating the highest species of theft (man-stealing) a crime; and murder, when perpetrated by thousands on thousands, is reckoned per⚫fectly venial, or even meritorious; but if a poor devil attempt to earn his bread by knocking people on the head, he is sure to be hung up without mercy. I dare say, Mr Editor, I need scarcely trouble you with one word as to the utility of oaths in enlivening conversation. The introduction of superfluous dem-me's by most of our actors into their parts, shows the feeling of very competent judges on the point; and the applauses we have often witnessed at the reiterated repetition of this powerful expletive, seem to me quite conclusive. Shakespeare, I know, gives directions to his clowns "to speak no more than what is set down for them;" but I am inclined to doubt if this prohibition extended to simple and single dems. None of his numerous commentators treat the subject critically; and if the gratulation which attends the enunciation of the word in our theatres be of any weight, the introduction of this emphatic particle may safely be considered as a most fortunate innovation. Even in the most common phrases, the introduction of an oath is attended with striking effect. A Quaker or a Methodist may, indeed, contrive to gather one another's meaning without its assistance; but "how stale, flat, and unprofitable" are expressions such as these,-"A handsome girl,”-“ I am sick," "I have a headach,"compared with the same phrases when the ultra-adjective is used-"A damn’ď handsome girl,"*" I am devilish sick,"-"I have a cursed headach." Nobody would think one interested in the weather if he did not use the terms damnably hot or devilishly cold; and, in conversation, a question or an answer, an affirmation or a denial, would be nothing without an appeal to one's own soul or their honour. Even in the delineation of national peculiarities, I have known a well put in by Jasus make up for whole pages of descriptive writing; and anecdote would lose half its value were it not supported by these magical combinations of letters. And pray what a poor figure would an officer in the army or navy make who did not swear fluently and extemporaneously! and how silly would a dandy look if you were to deprive him of half his vocabulary! How foolish would even the most deficient in this accomplishment appear, if they were not at times able to rate a hackney-coachman, or repel the slightest insult, in terms sufficiently powerful and expressive. Moreover, the sanction of an oath is required from our sovereigns at their accession,-from our judges on their * I write the word damn'd at full length, and not in the usual way with a score, (d-n'd,) as the time is gone by for such affected delicacy; for now ladies may hear with complacency, and read without shame, their first appearance; and in the next of plays and even players being damned at age, perhaps, (for who would set bounds to human improvement?) damnation may convey no idea that may not be listened to without terror, and looked forward to without fear. appointment,-from our senators on their election. It is a preliminary step to every office, civil or military, from a privy-counsellor to an excise man,-from a general officer to a drumboy; and even I, Caleb Quotem, Esq. in my official capacity as a justice of the peace, have, in my day, made the able-bodied men of a whole parish swear, before entrusting them with arms for the defence of their country. Far, very far indeed would I be from insinuating, that in any of the cases above alluded to the parties were not to be believed on their simple word. Some impression of this kind may, no doubt, have originally given rise to the practice; but from the universality of the custom in all civilized countries, I feel warranted in concluding, in opposition to the loose theories of former metaphysicians, that neither ridicule nor reason, but swearing, and swearing alone, is the infallible test of truth. In my forthcoming quarto I propose to treat of swearing under the three great divisions of legal, clerical, and general swearing. The first of these heads, or legal swearing, is so much tied up by forms, that I am doubtful if I could suggest any practical improvement either in the mode or words; and, as to the second, I am hopeful the subject may be taken up by some of our dignified clergy. I may remark, however, that my opinion with regard to clerical swearing is pretty much that of my uncle Toby, that though 66 our armies swore terribly in Flanders, it was nothing to this;" and from the specimen inserted in Tristram Shandy, the only authentic one which has come in my way, I could almost join the honest old officer in saying, "I could not have a heart to curse my dog so." Under the third division (swearing in general) I treat of naval and military oaths. But these I pass over for the present, as there is, I hope, little immediate chance of a new war. But, should it be found necessary again to increase our fleets and armies, I may remark, that I have at my country's service a very complete assortment of naval oaths, collected with great care by a captain's clerk during the last twenty years, on board of various ships; and a most useful list of above two thousand military oaths, gathered from the mess-rooms of our brave eountrymen during the late cam paigns. These I mean to publish at some future time, as a manual of swearing for those young gentlemen who may enter into these branches of the public service; as also a smaller tract, containing a selection of pretty little oaths and exclamations, which I am not without hope may be considered of some use in our boardingschools, and other seminaries for the education of the fair sex. But I wander from the subject of the present letter, which was meant chiefly to direct your attention to the vast improvement which our language might receive by the judicious introduction of these powerful combinations of letters into written composition. What is forcible in common talk will at least have some effect when put before us in a printed book; and how is it possible to describe with truth, or depict with accuracy, if the very strongest expressions of passion are to be softened down into the monotonous monosyllables yea and nay. Some late authors seem, however, to have been aware of this; but I am sorry to observe that the practice is not likely to become universal. Had Shakespeare, or Milton, or Pope, known the advantages which even the limited compass of swearing in their days afforded, we should not now have yawned so much in perusing their otherwise very meritorious writings. A few may understand a simile, -some may comprehend the scope of an argument, but " to point a moral or adorn a tale" with effect, frequent recourse must be had to the strong terms of expression which our language affords in such infinite variety. In illustration of these observations, I shall now beg leave to point out a few instances, where even the introduction of our most common oath would have materially heightened the effect of the passages quoted. For instance, instead of the first line of the celebrated soliloquy in Hamlet standing thus— To be or not to be-that is the questionI would have him to say To be or not to be-that's the damn'd question. Instead of these tame lines of Pope, Wise if a minister-but if a king More wise-more learned-more justmore every thing The couplet ought to have stood thus, with the ultra-adjective: Wise if a minister-but if a king Damn'd wise-damn'd learned-damn'd just-damn'd every thing. In Addison's tragedy of Cato, how much would the character of the blus tering Sempronius have been heightened, if, instead of My voice is still for war. Gods! can a Roman senate long debate Which of the two to choose-slavery or death? he had commenced his speech with By the Lord Harry, I am still for war! Gad dem-me can a Roman long debate, Which of the two to choose-slavery or death? And it would also have corresponded better to the dress in which the representatives of the Romans at that time appeared-a full-bottomed wig, laced coat, and ruffles. With a few naïve touches, Goldsmith might have essentially benefited his "Deserted Village," as in this The never-failing brook-the busy millThe damn'd neat church that topp'd the neighbouring hill. The first stanza of Mr Mallet's incomparable ballad ought to have been printed thus: "Twas at the fearful midnight hour, And it would certainly have been more appropriate in Mr Shenstone, in place of this wishy-washy.stanza, One would think she might like to retire To the bower I have laboured to rear; Not a shrub that I heard her admire, But I hasted and planted it there : to have made a modern shepherd say, Curse the shrub that I heard her admire, But, dem-me, I planted it there. But Shakespeare, with that wonderful tact which makes him the poet of all ages, and as if aware of the taste which would actually prevail, has strewn some gentle buds of swear ing through his writings, which would do no discredit to the present times. For instance, Excellent wench! Perdition catch my soul but I do love thee! might pass for the exclamation of an enamoured dandy of the present day. The introduction of similar modes of expression into our national songs would likewise effect a striking improvement in that species of poetry. I subjoin a single example; Roy's wife of Aldivalloch, I shall give only one specimen more, -not of my unworthy emendations of the bards of former times, but from the works of a living poet, who seems to have entered into my ideas on this subject with every intention of doing them justice; but who, from the unfortunate selection he has made of a very low oath, and the unvaried repetition of the same phrase, has given but a feeble conception of what he might have effected by the use of this powerful instrument of thought. quote the "The City from passages of the Plague, and other Poems," published at Edinburgh in 1816. I O Christ!-stone-dead! stonedead! p. 113. O Christ!-that mortal blueness! p. 135. O Christ! so wild a likeness! p. 144. O Christ! I hear a skeleton! p. 261. O Christ! art thou alive-or dead with fear! p. 287. O Lord! yon hill side is quite black with ⚫ people! p. 279. In conclusion, Mr Editor, permit me to add, in fairness to the subject of this letter, that I am perfectly aware that an old neglected book, which scarcely any body of any conI am quite certain can never have sequence now-a-days reads, and which come into the hands of those for whose benefit these observations were written, contains, among some other obsolete commandments, which have been found quite inexpedient in modern practice, the following, which I transcribe for their perusal :-"THOU SHALT NOT TAKE THE NAME OF THE LORD THY GOD IN VAIN, FOR THE LORD WILL NOT HOLD HIM GUILTLESS THAT TAKETH HIS NAME IN VAIN."-Exodus, xx. 7. I am, Sir, yours truly, Edinburgh, Oct. 14, 1818. LAW OF SCOTLAND ON DIVORCE. In re [The striking difference that prevails between the laws of England and Scotland on the subject of marriage and divorce, matters of the highest importance in themselves, and in the consequences to which they lead, cannot be too generally known, nor too clearly exhibited. viewing the able work of Mr Fergusson on this subject in our number for August 1817, we took occasion to advert to the conflicting principles of English and Scots law, the difficulties which some of our judges felt, and the grounds on which the point seems to have been at last settled. We now lay before our readers the Report of a very recent case, decided agreeably to what may now be considered the established law of Scotland. It has already appeared in an incorrect state in some of the public journals: but the accuracy of the following copy is unquestionable.} Law Report from the Consistorial Court of Scotland, of judgment by Commissary FERGUSSON, in the case of Divorce ELIZABETH COLE, the wife, against T. V. COLE, the husband.-October 2, 1818. THE proof in this case being conluded, it is now the duty of the Court to give judgment. By the evidence, it is established, that the parties were married in the parish of St Mary le Bone, and county of Middlesex, in the year 1804, were then both domiciled citizens of England, and have since cohabited as husband and wife in that kingdom only; but that the defender having for several years deserted the society of the pursuer, and being in this city last spring, then lived at his lodgings here, for the space of five weeks, in open adultery with a woman of the town, and was here convened by citation upon the libel. Since this action came into Court, according to the rule of our procedure, the pursuer has been interrogated upon oath, and she has sworn in the most unequivocal terms, both that there was no collusion between them, and also that she brought her suit for the dissolution of their marriage as soon as she discovered that it was in her power to take this step. These solemn averments are likewise not discredited by any circumstance which appears from the record. Indeed, in no case of the kind is it now to be expected that any such concert, agreement, or understanding, between the parties as amounts to collusion by the law of Scotland will really take place. For it is perfectly plain that aversion and desire to be free from the conjugal bonds may be mutually entertained, and may be expressed in a thousand ways, without any communication, direct or indirect, that can affect the title to sue for divorce. The state of the law of Scotland upon that head, is matter of notoriety. By the mere commission of adultery upon this side of the Tweed, which will not be concealed if the dissolution of the marriage is the object of this crime, opportunity is afforded. The other party only needs to be upon the watch and to scize that opportunity. But if there had been grounds in this case to suspect collusion between the parties, the decisions of the Court of Review in the recent cases of Newte * and O'Brien prove, that we could investigate these only by interrogating the pursuer, which has been already done. Upon the other hand, it is no doubt certain, that the pursuer could not claim the remedy of divorce a vinculo, under the law of their own country. It is equally clear, that if, nevertheless, she is entitled to succeed in this action, it must be not less competent to sue here for dissolution of any other marriage contracted under the law of England, or under any other foreign law, upon the grounds alone that one of the spouses has committed adultery, and been cited for divorce within this jurisdiction. But the judgment given at the assizes of Lancaster, after consulting the twelve judges of England, in the year 1813, declared the rule of the law of that kingdom to be, that a regular decree of divorce a vinculo of an English marriage, obtained in this Court, could afford no defence even against a criminal prosecution for bigamy, if either of the parties during the life of the other should afterwards contract a second marriage in England; and cordemned William Martin Lolly, who had been found guilty of that crime, to transportation. Hence it follows, that the children of such second marriages must be bastards in England, and in all other parts of this empire, although legitimate in Scotland, and that, as to every effect and consequence, the same decree of divorce * 18th February 1814, reported. which is valid in this realm must be held a mere nullity in the other united kingdoms, and in all our colonies and foreign dominions. In further proof of these propositions, it can only be necessary to mention, that, in the case of Lolly, the husband and wife were cohabiting together in this city when he committed adultery,—that he appeared as a defender, that both parties were judicially examined, in order to ascertain whether there had been any collusion, and that the conduct and suit of his wife, the pursuer, were found to be liable to no just suspi cion. This collision of the laws in the same empire and island, fraught with danger so manifest and extensive to those sacred relations of domestic life upon which civilized society depends for all its value, and even for its existence, cannot, however, enter into consideration in deciding the present case. Here the law of Scotland only can be consulted, and a series of uniform, solemn, and recent judgments* of the Supreme Court of Review in this kingdom have ruled, that neither the law of the real domicile of the parties, nor the law of the place of their contract, when different from our own, is to be regarded in a case of divorce sued here, between strangers who have been married in another country, but one of whom has committed adultery, and been cited within this jurisdiction. The circumstances in the latest of these cases were the same as in the present, except that the husband there was an attorney of London, and both parties had all their lives been inhabitants of the Inns of Court of that city, where they had been married, and cohabited. But, during a vacation jaunt, in which his wife did not accompany him, he visited Edinburgh, and invited, by letter, a woman of the town to come to him at his hotel here, which invitation having been complied with in the most open manner, his wife gave him, a citation upon a summons of divorce, before he return Edmonstone against Edmonstone or Lockhart-Duntze or Levett against Levett Butler against Forbes,decided together 12th July 1816, reported.Kibblewhite or Rowland against Rowland, decided 21st December 1816, reported. ed home to keep his term. She had not, however, time to call her action in Court previous to his departure from this country. Yet there was not the least ground to infer collusion a gainst the suit of the pursuer, who accounted satisfactorily for her knowledge of her husband's guilt, and for her own measures. Both that and the present may, indeed, be regarded as extreme cases, but the principles which have been established embrace and regulate these not less than others of the ordinary description. In all of this class, the number of which it is evident may become infinite, there can no longer be any doubt that this Court must allow the divorce to proceed. The influx for sometime after those very decisions by which it seems to be finally sanctioned, did indeed unaccountably cease. But it now revives, and no bar to it can be opposed here. Unconscious we cannot be of the gross and flagrant injuries to morality, and great and manifest discredit to the administration of justice among us, arising from the crimes of strangers that would not have been committed here, and probably would not have been committed at all, but for the temptation afforded by the defect which apparently exists, not in the municipal law of either of the sister kingdoms, but of the international law between them. Judges, however, can do no more to stay this plague, than solemnly and publicly, on each occasion, to inform both the innocent and the guilty party how little respect is paid to the decree they obtain here, in the other realms of this empire. And in performing this indispensable duty, we neither deceive ourselves nor our fellow citizens so far as to suppose that the admonition can have any other effect but to lead those to whom it is addressed, if they shall have previously made arrangements for entering into second marriages, to celebrate these before they return home, or, if they shall afterwards contract such marriages, to make an excursion to Gretna Green, or some other place not under the jurisdiction of the English law before they solemnize them, in order thus to avoid the risks of challenge, and of criminal prosecution. According to these views, the original deliverance in the present action |