expressed in the Digest, 24, 3, 39: "Viro atque uxore invicem accusantibus, causam repudii dediisse utrumque pronuntiatum est. Ja ita accipi debet, ut ea lege, quam ambo contempserunt, neuter vindicitur; paria enim delicta mutua pensatione dissolvuntur.

This principle is recognized in the French law, except where the husband claims a divorce for the adultery of the wife; and the exception here is founded upon the rule of the French law, introduced into the Civil Code of Louisiana, but to some extent amended by statute, that adultery committed by the husband is not a ground of divorce or separation on the part of the wife. But where the separation is claimed for other causes, the doctrine of "paria delicta mutua pensatione dissolvuntur" is as well the law of France, as of England, or this country.

We have already written up the space assigned us, and much that we would have added must remain for another number.

The conclusions we had in view were these: It was not wise to restrict the legislature, or rather to prohibit its action in matters of divorce; better that this body had been given exclusive cognizance of the subject. Suppose a citizen, in the strength and vigor of life, with the means of comfort around him, anxious now for the happiness of domestic life, unites himself to one whom he and his friends believe to be all that she should be-health, virtue, mind, good repute, wealth are theirs-the nuptial ceremony is performed, and the next day the wife becomes incurably deranged-no care can alleviate, no skill can cure. She is hopelessly mad; and yet the unfortunate husband, tied as it were to the dead body, finds no provision in our law for his relief.* The Code does not touch the case, and the new constitution has forbidden the Legislature to extend its aid.

On the other hand, there are five different courts in New Orleans, and seventeen out of New Orleans in the several districts within the State, each held by one judge, and each of these courts has original jurisdiction over that solemn branch of law, principium urbis, et quasi seminarium reipublicæ, the most important of all human transactions, and may dissolve it almost at will. In England, such cases are given only to the High Court of Delegates, the Arches, and the Prerogative Courts, and no tribunal there exercising eccleciastical and consistorial jurisdiction is held by less than three judges.

But there is a remedy for this state of things. Let us apply it ere mischief be done. Let the next Legislature declare that to the Su

It is assuming much to declare any derangement incurable. Cases which would have been so regarded formerly under the methods of treatment in use, are held otherwise now. A happy reform has been introduced which restores to family and friends thousands of the wretched beings, who, at first sight, seemed without hope. It is as d. fficult to state the precise extent of mental disease which is to be regarded mortal, as its to state the precise extent of physical. Body and mind are subject alike to disordered action, and the beneficence of God has afforded means of relief to both. It is impossible to affirm, beforehand, when these means shall fail. While there is life there is hope. We, therefore, differ from the position taken by our friend on the subject of divorce, since it would release the marriage bond at the very moment when its chief virtue is to be exercised-when disease and misfortune have descended upon us. No, no! it is precisely at this period that the noblest principles of the holy union of marriage come into play, and the ministering hand of affection should be extended here, to soothe, to comfort, to alleviate and restore. Who can say how much tenderness may effect for the insane, and how many of the worst effects of the malady may be prevented by it. In health we enjoy the contract-disease may interrupt the enjoyment-but disease, without death, should never absolve us from its solemn obligations.-EDITOR.

MEXICO AND THE MEXICANS.

165

preme Court alone shall belong definite jurisdiction in suits for separation and divorce; that every decree of a District Court dissolving a marriage, shall be provisional only, and not to take effect unless, upon review or appeal, the Supreme Court shall be unanimous for its confirmation.

Art. VII-MEXICO AND THE MEXICANS.

Ar the commencement of General Thompson's interesting and entertaining volume, he institutes a comparison between the progress and condition of Massachusetts and Mexico, of course greatly to the advantage of the former. It would be indeed strange if this were otherwise. In the first place, the character of the two races is essentially different. Who dreams of comparing Spain with England? In the next, the circumstances, physical and moral, are all in our favor. The construction of our portion of the continent, intersected by magnificent channels of water communication; our climate, which renders the inhabitants hardy and virtuous; our colonization by a free government; the remarkable character of the early colonists, and the greater length of time which has elapsed since our independence has been achieved, and our perfect fitness for self-government from the first moment of our emancipation, all account for this superiority. We, the descendants of the most energetic race the world has ever known, set out upon our career as a nation, upon a footing of equality with the most civilized people of the age. The Mexicans, descended from the warlike, but indolent Spaniards, had been so entirely excluded from all participation in the government and from all intercourse with foreigners, that their revolution found them two centuries behind the age. We have enjoyed our independence free from intestine commotions, for nearly three-quarters of a century. The Mexicans have been independent not more than twenty-four years, which have been to them a period of constant domestic turmoil.

In proof of the complete success of the Spanish government in keeping Mexico from all intercourse with foreigners, it was remarked, that until Baron Humboldt published his travels in New Spain, we, in the United States, their immediate and near neighbors, were ignorant of the existence of large cities containing between two and three hundred thousand inhabitants, situated on the same continent, and within a thousand miles of our frontiers; and the Mexicans themselves were taught to believe, and many of them did believe, that we, their neighbors, were the sons of darkness and had tails. A very respectable lawyer, a native of Mexico, told us that he had been so taught at school, and to regard all foreigners with abhorrence; but especially to look upon North Americans as incarnate fiends. Baron Humboldt, whose travels laid open for the first time the long concealed secrets of that country, traversed it at a favorable period, and saw it under the most favorable auspices. To say nothing of the natural desire he must have felt to repay the kindness he had experienced from the government, and to gratify the pride of Spain, by presenting to the world a highly-colored picture of the wealth, resour

ces, and flourishing condition of those colonies, he really saw nothing but what was pleasing and deeply interesting to a scientific and inquiring traveler. The grandeur of the scenery, the physical aspect of the country in general, its rich and varied natural history, the number of large cities, and the extent and magnificence of the public and private buildings, could not fail to delight and surprise him, as they have done every traveler in that region since; while his reception by the Spanish authorities, the higher clergy, and the wealthy aristocracy, rendered his sojourn in the capital and his journeys equally scenes of unmixed enjoyment. But the people with whom he lived were either European Spaniards, who were in possession of all the offices of government, of the professorships of colleges, and of the higher benefices of the church, or the nobles who had been educated in Spain. The Baron had special commission from the court of Madrid to visit and explore Mexico, and the agents of the Spanish government took good care that he should only see the men and things that would make the most favorable impression. Those who would know what was passing beneath this specious surface must read the "memoris segretas of Don Juan and Don George Ulloa,"

The style of living of the rulers, the nobility, and the gentry, who in all the large cities inhabited spacious hotels built after the fashion of those in the mother country, was not what we consider generous or hospitable. They were exceedingly jealous of each other, and although they sometimes gave costly and ostentatious entertainments, no really social intercourse existed among them. Every one of these rich and distinguished individuals lived apart, and his house was frequented by visitors of inferior rank. We have visited some of these gloomy mansions, and assisted at their tertulias, and do not wonder that the young men preferred the theatres and coffee-houses to such reunions. Before the revolution the young and aspiring creoles possessed no incitement to industry. They were excluded from all office and all hopes of distinction, by the systematic exclusion of natives from all employment under the state, practised by the council of the Indies, and too often expended their energies in gambling and debauchery.

Another circumstance which affected unfavorably the character and condition of the Mexican creoles, was their relation to the laboring population. The poorest white man scorned to be placed on a level with the Indian. In his opinion, his color ennobled him, and he would have perished rather than degrade himself or his caste, by working in the field, or following any other laborious occupation, in which the Indians are habitually employed. Here, then, is wanting that portion of a community which forms the real strength of a nation and constitutes the bone and sinew of a republic, a free and virtuous peasantry. The character of the Mexican Indian is not understood, and is difficult to penetrate. They mingle as little as possible with the whites, and are sullen in their enforced intercourse with the Spaniards and creoles. They are patient, humble and submissive in their behavior, but their hatred of the Gachupines, as they term the former, pierces through every disguise, and has not been diminished by ages of harshness and oppression. There is, even

among the children, an absence of all joyous pastimes, and an expression either of dogged sullenness or settled melancholy. It is rare, indeed, to see Mexican Indians lively and loquacious, except they be drunk, and even then they are more apt to cry than laugh, and are, at such times especially, civil to each other, the young kneeling and kissing the hands of the elders. We are inclined to think them very ceremonious in their intercourse with each other, for we have often seen two Indians heavily laden, on encountering each other on the highway, stop and make long speeches, kissing each other's hands before they trotted off on their respective roads. A loaded Indian never walks, but, with the body inclined forward and the knees bent, he trots under his heavy burthen at the rate of about four miles an hour. They are very laborious, but rarely or never acquire property. The system of keeping them in debt for supplies obtained at the hacienda or farm where they work, and on which they reside, as explained by General Thompson, added to the appeals made to their superstition by their curates, prevents their accumulating much money. They are never in want, however; their wages being regularly paid them every Saturday night. We have ourselves witnessed these payments on some of the principal haciendas, and although the shopkeeper did sweep off a portion of the money, every Indian carried away enough to supply the necessities of his family, and some took off the whole amount. We understood that the greater portion of this money, however, would go to the church. The Indians contribute liberally to the fanciones or festivals of the church, and delight to perform parts in the sacred mysteries or dramas that are still celebrated in the country parishes. We have witnessed on passion week, the sacred mystery of the trial, sufferings, cross and passion of our Saviour, at which crowds of Indians assisted, habited as Roman soldiers, &c.; the alcada personating Pontius Pilate, and all the dramatis persona performing their parts with the utmost gravity and decorum, while the spectators seemed deeply impressed with the solemnity of the scene.

We were once arrested at a village when traveling in the south of Mexico, by an immense crowd that had taken possession of the public square, through which our road ran. On approaching we found two armies drawn up in opposing ranks and battle array. On inquiry, we found that a conflict was about to take place between the Christians and Moors, and the latter were distinguished by some of their number having turbans on their heads. The battle began, and the Christians were driven back by the Moors, who were greatly superior in numbers, to the neighborhood of the church, where stood the curate, enjoying the sport vastly. When they had retreated within a few yards of the church, a figure appeared, armed with helmet and lance, and mounted on a hobby horse, which he caused to curvet and prance about to the delight of the spectators, who shouted, viva Santiago. The saint galloped in among the Moors, and did such terrible deeds, now pushing them over with his lance, now pummeling them with his wooden sword, that they soon sought safety in flight. The miracle was performed, St. James had saved the Christian forces, and the drama was over. The saint took off his helmet, and we saw a swarthy Indian's face radiant with delight. It was the VOL. II.-38 593

first time we had ever observed such an expression in an Indian. They are passionately fond of these exhibitions, and will spend their last farthing in getting them up, and in purchasing rockets and crackers wherewith to celebrate the saint's day. The frequent recurrence of these holidays affect injuriously the productive industry of the country, diminishing it about one-sixth. In Chilé, by the advice of a friend of ours, permission was obtained from Rome to reform the church calendar, so as to make nearly all the saints' days which are kept holy fall on Sundays; a reform which was cheerfully concurred in by the clergy there, and proved of essential benefit to the agricultural interest of that portion of South America.

case.

We have no good criterion to judge by, but are inclined to think the Indian race are improving. At first they were dissatisfied with the change effected in their condition by the revolution. They had paid a tribute before, from which they were released; but they had been treated humanely and watched over like children, lest they should be imposed upon by the whites, and protected from oppression and wrong, in every way in which the laws could reach their It is true, that these laws were frequently evaded, and the Indians continued to be treated as domestic slaves; but to this they were habituated, and the freedom from tribute, and the restraint from conducting their own affairs, and the rights of citizenship they were invested with, appeared to be irksome to them, especially as these privileges required the performance of certain obligations, to which they were unaccustomed. They certainly produced no change in their feelings toward the Spaniards or the Creoles, but a gradual amelioration in their condition begins to be perceptible. Their dress is improved. The introduction of low-priced cottons has enabled them to exchange their leather jerkins for cotton shirts; and they manifest a great desire to be instructed. We found school-houses in the remotest and smallest villages; buildings, by the way, usually appropriated to our use as travelers, in which we were comfortably lodged. In every instance, the Indian alcalde of the village informed us, that the people were eager to have their children taught to read and write, and that there was no difficulty either in filling the school or in collecting from the parents the modicum required from each to pay the master.

The Indian population in Mexico will soon all read, but unfortunately there is no cheap literature in that country-no papers or tracts to be purchased at moderate cost, no Penny Magazine or other cheap productions to diffuse knowledge among the people. The attention of our tract societies might be beneficially directed to this barren field. Cheap books, in Spanish, calculated to improve the morals and enlighten the understanding of the Mexican Indians, would be eagerly purchased and do great good in that country. That the Mexican Indians are susceptible of improvement we firmly believe. They are desirous to learn, and extremely docile. Some time after Commodore Porter had been in the naval service of the Republic, he expressed his surprise at the readiness with which these people acquired nautical habits and skill. His own boat's crew was composed of Indians, who never before rowed an oar even in smooth water, and in a short time they could board a vessel in a heavy sea,