The Press. — London, England, 1857-08-08 00:00:00

766 far back as 1830 the late Dr. Phillimore moved for a com mission to consider the state of the law of divorce and the expediency of enabling persons to obtain divorce a vincula in cases of adultery by legal process in courts of competent jurisdiction. That motion was rejected by a large majority, and he would call the attention of the house to the opinions of one or two of the speakers on that occa sion relative to the dissolubility of marriage. Dr. Pnilli more stated that" he wished it to be distinctly understood that he thought it ought to be the principle of the law that marriage was indissoluble," and gave it as his opinion that " the interests of families demanded that marriage should be declared to he indissoluble." On the same occasion Mr. O'Connell said " he wished that the poor might he placed on the same footing as the rich with regard to divorce, but he would accomplish that end, not by giving it to the poor, but by refusing it to the rich. The Solicitor-General of that day said that he was against the establishment of a court for trying the question of divorce, being persuaded that if such a court were esta*iahed questions of divorce would become as frequent as questions of property. Sir llobert Peel strongly opposed the motion, and he expressed an opinion that it would be very much better to retain the of the present system than to make divorce easily attainable. He had been very much astonished the other evening to hear the Attorney-General state, in the commencement of his speech, that under this bill the law would remain precisely as it had been settled for the last 15) years. That was a somewhat unwarranted statement, for every one knew that the reason why the Legislature had interfered to grant divorces was that they could not he ob tained in any court ot law. This was very clearly laid down in the report of the commissioners, where it was stated that " divorces which resmind the marriage contract are unknown to our law, and when once that marriage contract is constituted in a legal manner there is no mode ot putting an end to it known to our courts of law." He traced the origin of the " barbarous usage " of legislative divorces—which sinned, he said, against the spirit of our jurisprudence and proved the rule of the common law—to reasons of private convenience. No obligalion of morality was recog nised by him which was not founded upon Chris tianity ; if the law of the Gospel was plain there was an end of the matter, and he insisted that it declared in plain language the marriage union to be indissoluble. Mr. BAINES supported the statement of the Attorney General, that by the law of England for the last two hundred years marriage was dissoluble, by the declared opinion of the Lord Cbief Justice of England. Mr. STEUART seconded and supported Mr. War ren's amendment. Mr. GILPIN considered the question as to the dissolubility cf marriage to be settled. He sup ported the bill, but was not anxious with reference to remarriage, and should vote against the pro. vision that would compel clergymen against their conscience to solemnise a marriage between divorced parties. Mr. HOPE strongly opposed the bill, which, in his opinion, would shake the foundations of public morality. Mr. ‘VINGFIELD said he had been told that there had been no decision upon the question whether clergymen could be compelled to marry divorced parties. The marriage service authorised the clergy man to exercise a discretion. This doubt, he thought, should be cleared up. Mr. Commis opposed the bill, as a measure re pugnant to the general feeling of the country. To the opinion of Lord Campbell, that marriage by the law of England was dissoluble, he opposed that of Lord Wensleydale, in its very teeth. _ _ Mr. BUTT observed that many of the objections urged against the bill would be better reserved for the committee. He, however, joined in discussing the principle of the bill, which he supported. Upon the question of morality, he invited a comparison between the morality of Italy, where marriage was indiss:Auble, and that of Scotland, where divorce was allowed. Mr. GLADSTONE saiil he considered the decision of the house one which, however he lamented it, he was bound to respect; he therefore confined himself to certain explanations, personal, and in reference to historical facts in question between the Attorney- General and himself. The right hon. gentleman also replied to Mr. Baines, who had asserted that the bill introduced no novelty into the law of England, upon the opinion of Lord Campbell This was answered by an hon. member who quoted the opinion of Lord Wensleydale. I will answer the quota- Con from Lord Campbell by quoting Lord Campbell him s If; and if any hon. member who listened with admire. t on to the dictum of that learned judge as it was read by any right hon. friend will turn to the report of the com missioners of 1553 he will there find a diametrically opposite principle asserted—namely, that by the law of England, properly so called, there is no such thing as the dissolubility of marriage, and he will find it signed by the venerated name of Lord Campbell. The amendment was negatived, and the house went into committee on the bill. The name of the court was altered from " the Court of Marriage and Divorce" to "the Court of Divorce and Matrimonial Causes ;" and the proviso n the sixth clause, that no suit for jactitation of marriage shall be entertained, was expunged. THE PRESS, AUGUST 8,1857. The debate upon the sixth clause, which occupied much time, brought into view the effect; of the bill !n relation to marriage; and divorces in parts of the empire other than England, to which the bill is limited. Upon reaching the eighth clause the chairman was ordered to report progress. PERSIA AND HERAT. Mr. WARREN asked whether the Government had received any intelligence of the refusal of the Per sians to evacuate Herat ? Lord PALMERSTON : I do not believe that any intelligence has been received as yet with regard to the evacuation of Herat. Ido not think there has been time for a communication to be made atter the arrival of the commissioner at Teheran. The Insurance Companies Bill was committed pro forma. The Clerks of Petty Sessions (Ireland) Bill was withdrawn. The Representative Peers (Ireland) Bill passed through committee. Mr. WHITESIDE, in moving the second reading of the Leases and Sales of Settled Estates Act Amend ment Bill, dwelt upon the injustice which he said had been done to Sir T. M. Wilson with reference to Hampstead-heath, and which this bill was intended to remedy. The motion was seconded by Mr. MALINS. Mr. Cox moved the adjournment of the debate, and, after some discussion, this motion was agreed to. Some further business having been disposed of, the house adjourned at twenty minutes past one o'clock. HOUSE OF COMMONS-WEDNESDAY. The Sale of Obscene Books, &c., Prevention Bill was read a second time, with the understanding that on the committal of the bill pro forma on Thursday, it should receive certain amendments. The Ecclesiastical Commission, &c., Bill passed through committee. On the order for going into committee of supply, Mr. SrooNER called attention to this first deviation from a constant practice and an acknowledged rule, that all measures introduced by private members should have precedence on Wednesdays; and he objected to going into supply until the orders for the third reading of the Election Petitions Bill and for the second reading of the Leases, &c., of Settled Estates Act Amendment Bill were isposed of. . _ Sir G. GREY observed that there was no rule of the house upon the subject, and it had been usual at a late period of the session to take the orders as they stool upon the paper. Ultim'ately it was agreed that the committee of supply should follow the other orders of the day. The Burial Acts Amendment Bill and the illicit Distillation (Ireland) Bill were read a third time and passed. On the order for the third reading of the Election Petitions Bill, Sir G. GREY remarked that the fourth clause, which referred to the schedule, there being no schedule in the bill, made the hill nonsense. He urged, with reference to the measure generally, that there ought to be a previ ms inquiry, and moved to defer the third reading for three months. After some conversation this amendment was agreed to; so the bill, at its last stage, is lost. The motion that the Leases and Sales of Settled Estates Act Amendment Bill should be read a second time gave rise to considerable discussion, in which the measure was warmly opposed by Lord ROBERT GROSVENOR, on the ground that it would enable Sir T. M. Wilson to inclose and build upon Hampstead heath. The bill was defended, on the other hand, upon the plea that it only repealed a single clause in the act passed last year, which was specially aimed at an individual, whom it debarred from the exercise of his just rights. Sir .TAMES GRAHAM remarked that the subject had been repeatedly under discussion, and each time, in his opinion, injustice had been done to Sir Thomas Wilson. Sir Thos. Wilson was an unhappy nabob who possessed property which was coveted by the public ; but he understood that his claim had refe rence only to land adjacent to lampstead•heath, which, owing to the anxiety of the people to retain the heath in an open state, was refused to him. If they refused the claim of Sir Thomas Wilson, he considered that great injustice would be done ; and it was his intention, therefore, to support the bill of his hon. and learned friend (Mr. Whiteside). On a division there appeared— For the motion Against The bill was then read a second time. The Dunbar Harbour Bill was also read a second time. The house then went into committee of supply, and passed several votes for miscellaneous civil ser vices. THE MILITIA ESTIMATES. The CHANCELLOR of the EXCHEQUER, in reply to Mr. Disraeli, said the committee of supply would not be brought on again before Monday. He could not state when the militia estimates would be brought forward. To morrow it was intended to take the Divorce Bill first. THE COMMITTEE ON THE OATHS TAXEN BY MEMBERS. On the motion of Sir J. Y. BULLER, who made it in the absence of Sir F. Thesiger, Lord John Manners was added to this committee. BURY ST. EDMUNDS ELECTION COMMITTEE. On the motion of Mr. DUNLOP, the minutes of evi dence taken before this committee were ordered to be laid before the house. NEW WRIT. Mr. HADFIELD moved that the Speaker should issue his warrant to the Clerk of the Crow', to make out a writ for the election of a burgess to serve in the present Parliament for the borough of Bir mingham, in the place of G. F. Muntz, Esq., de ceased. Agreed to. The house adjourned at ten minutes before six o'clock. HOUSE OF LORDS-THURSDAY. Lord CAMPBELL presented a petition from the Royal Faculty of Oude, now resident in this country, praying for permission to communicate with the King, their relative, imprisoned at Calcutta. Upon an objection by Lord REDESDALE that the word " bumble " was not used by the petitioners, Lord Campbell withdrew the petition. THE MILITIA. The Marquis of SALISBURY, on the question of the second reading of the Militia Bill, expressed a hope that every encouragement would be given to enlist ment from the militia into the line. The Duke of RICHMOND thought it would be very desirable if the commanding officers of militia regiments were empowered to make an arrangement with the men whose term was expiring seine two or three months previous to the expiration of that term. Lord PANMURE said that every facility would be given to such enlistments. The Duke of CAMBRIDGE had beard the sentiments expressed by their lordships with the greatest satis faction. No army could be complete and efficient in the field unless it had reserves to draw upon. The militia at home stood in this relation to the army in India, and therefore the determination of the Govern ment to embody the militia if necessary had his cordial approval. The bill was then read a second time. The Fraudulent Trustees Bill and the Trustees Relief Bill passed through committee. Lord St. LEONARDS withdrew his bill for simpli fying the transfer of real estates. The Superannuation Act Amendment Bill was read a second time on the motion of Lord MONT EAGLE. Several other bills were forwarded a stage, and their lordships adjourned. HOUSE OF COMMONS—TnunspAr. At the early sitting, the adjourned debate on the second reading of the New Zealand Loan Guarantee Bill was resumed by 4ir J. GRAHAM, who urged that the security on which the guarantee rested ought to he narrowly examined; that the Federal Government might have an interest in repudiating the debt, and the relations between the colony and the mother country might be thereby perilled. He prefered grants to colonies to advance upon securities, and his objection was in other respects very strong to these collateral charges upon the Consolidated Fund. The bill was opposed by Sir Henry Willoughby, Mr. Caird, Mr. W. W►lliams, Mr. Gilpin, and Mr. Dunlop, and was supported by the Chaucellor of the Exchequer, Mr. Adderley, Mr. Fortescue, Lord A. Churchill, and Colonel Sykes. Upon a division the second reading was carried by 7i to 23. second reading of the Sale of Waste Lards (New Zealand) Bill, enabling the New Zealand Company to accept 200,000/. in full discharge of a claim of 258,0001., and to make the compromise binding upon the shareholders, was agreed to. The New Zealand Government Act Amendment Bill went through committee. The Summary Proceedings before Justices of the Peace Bill, the Metropolitan Police Stations, &c., Bill, the Boundaries of Burghs Extension (Scotland) Bill, and the Representative Peers (Ire►and) Bill, were read a third time and passed. DIVORCE BILL. In the evening the house went again into com mittee upon this bill, commencing with the eighth clause, specifying the judges who were to constitute the full court. Mr. DRUMMOND moved to omit the clause, with the view of substituting a clause enacting that the judge of the Court of Probate should bo the sole judge of the Court of Divorce and Matrimonial Causes, with full authority ito hear and determine all matters therein.