The Express.
London, England, 1849-07-10 00:00:00

IMPERIAL PARLIAMENT

HOUSE OF LORDS.—MoNDAT, Jut 9.
The Earl of SHAFTESBURY (Deputy Speaker) took the
chair at 6 o'clock.
PRIVATE BUSINESS.
SECOND READINGS.— Flirawellvent to Hastings
Turnpike Road ; East Indian Railway Company (lor mak.
ing and maintaining one or more railways in the East In-
dies) Incorporation; Bills.
THIRD READINO.—Rock Life Assurance Company
Bill.
PUBLIC, BUSINESS.
PETITIONS PRESENTED.
ROMAN CATHOLIC CHAPEL, LivearooL.— By Lord
BEAUMONT, from Raids. James Wilkinson, Cooke, and
others, stating that, by the subs:riptions of the poor, they
had erected • Roman catholic chapel in Liverpool at a cost
of from 10,0001. to 12,0001 ; that a railway station was about
to be estahl•sbid close by the chapel, wh ch would prevent
the merle. being performed ; and praying for relief.
COMBUSTION or Smoies.—By Lord REDESDALE, from
two gentlemen who had invented an apparatus for the per-
fect combustion of smoke ; and praying that her Majesty's
government wouldorder a trial of the apparatus.
Snits. fixors.—By Lord WHARNCLIFFE, from Shef-
field; E irl NELSON, from Cu :adieus of Yeovil Union, for
the abolition of licenses to beer-houses.
ACCIDENTS tx COAL Lord WHARN.
CLIFFE, from 1,200 of the underground miners of Durham
on the subject of (incidents in mines.
AUDIT OF RAILWAY ACCOUNTS BILL.—By Lord MONT-
EAGLE, from shareholders of the Eastern Counties Rail-
way in favour of this bill.

DRAINAGE OF LANDS BILL.
On the motion of the Earl of Can Linn this bill passed
through committee and was reported to the house.

SHERIFF OF WESTMORELAND BILL.
On the mvion of Lord Castrnam., this hill was read a
third time and passed.
PRISON DISCIPLINE.
Lotd BROIJOHAM wished to add two reulutions to those
which be moved on Friday last, in older to state the neces-
sity of separate confinement, to avoid contamination ; and to
shorten imprisonment before trial by makiog more frequent
gaol deliveries, which might be efec•ed by the County
Courts, the judges of which IMO pethedy oompetent to
perform that duty.

ASRADLIS (IRELAND) BILL.
Oa the 1120L3011 of Lord EDI:INBUILT, this bill was read a
tkird time and passed.
MUTINY AND DESERTION (INDIA) BILL.
This bid went through committee en the motion of Eul
OMIT, and was reported to the house.
Several other bills were advanced a stage, and their lord-
ships adjourned at six o'clock.

HOUSE OF COMMONS.—MoND►T, JULY 9.
The SPE►.Ett took the chair at 12 o'clock.
PRIVATE BUSINESS.
THIRD READlNllB.—Airdrie Pollee and Municipal;
Dean and Chapter of Canterbury's (Walworth) Estate;
New North Road (continuation set) ; Bills.
LORDS' AMENDMENTS CONSIDERED.—Stockton
and Dulington Railwey (consolidation of sus, altera-
tion of Line, &c ); Wisbech, Chatterie, Tid Oote, and
Downham Bridge Turnpike (oontinuation of act, alteration
of provisions relating to repair of Waldereey and South Side
basks, abandonti.ent as to turnpike of road over same, can-
[ struetion of new turnpike road)

PUBLIC BUSINESS.
PETITIONS PRESENTED.
MINES AND COLLIERIES BILL—By Mr. THORNELY,
from coal owners, of Hutton, Lancashire, against this bi.l.
Priorsorrow or WOMEN BILL.—By Mr. FORBES, from
places in Scotland; Mr. A. BASTIE (2), from Glasgow, in
favour of this bill.
MARRIAGE (SCOTLAND) BILL—By Mr. GLADSTONE,
from several places in Scotland; Mr. BAILLIE, from Inver-
ness; against this bill.
Pool LAW (IRELAND).—By Mr. W. FAGAN, from
Cork, against the proposed alteration in the proportion of
poor•rates to be paid by landlord and tenant.
HEALTH Or Torun BILL. By Mr. MACKINNON,
from a place (name not Lead), in favour of this bill.

MARRIAGE (SCOTLAND) DILL.
This bill, as amended, having been considered,
The LORD ADVOCATE moved that it be read a third
time on Monday.
Mr. FORBES MACKENZIE opposed the further pro-
mess of the bill, as altogether counter to the judgment of
high legal authorities in Scotland, and to the feeliegs of the
Scotch people. He complained that the committee to whom
the bill had been referred, had refused to receive the proffered
evidence of eight gentlemen, from various parts of Scotland,
peculiarly competent to give expression to the popular
opinion on the subject.
Mr. ELLIOT, as chairman of the committee, explained
that the reason why the evidence in question had been de-
clined was simply that the parties proffering it were
net of the legal profession, and it was the business of
the Committee to enquire into the law on the
subject, and not to go into an endless examination of persons
as to the opinion of the country on the matter, pro and con.
For his own part, he believed that the opinion of the
country was extensively applied to the present most anoma-
lous and mischievous law.
Sir G. CLERK considered that the business of the relict
committee heel been, at the very least, quite as much to
aster:sin the opinion of the Scotch people on the operation of
the law, as to inquire what the law itself was a point that
needed no such formal inquiry at all. He had no hesita-
tion its declaring his opinion that the Scotch people
were generally and most decidedly opposed to this
measure. He had no objection to forbid Gretna-green mar-
rives, but would not consent to further change.
The purpose of the Lord-Advocate was, according
to his own statement, to render his registration
plan mare perfect than it would be if marriages were per-
mitted to be contracted in Scotland as they now were, and
to attain this object was calling on parliament to alter the
whole marriage of law of that country, which the people of
Scotland neither desired nor would agree to. He, therefore,
opposed the bill.
The LORD ADVOCATE reminded the house that the
bills of which the present was one were not new, having
passed the House e f Lords in 1848, with the dissent of two
peers only to the marriage bill, and no dissent to the regis-
tration. The bills were brought into the House of Com.
mons last year and read a second time, but owing to the
lateness of the union they were not persevered in. They
again paged through the same stages during the present ses-
sion, and they had only been retarded owing to the pressure
of other business. There was nottiag, therefore, in the
circumstance of the present advanced state of the session to
prevent the house from taking the whole of the bills into con-
sideration. As to the bill now before the house, he denied
emphatically that there was only one feeling throughout the
whole length and breadth of Scotland es to it, and that it
was hostile to the measure. The bill was introduced for
the express purpose of removing uncertainty as to the con.
tear ion of marriages; to ensure publicity to the contract of mar-
risen. It was to put en end to the state of law—a most digrace-
ful state—which encouraged the concealment of re aeriages.
He bad no hesitation in saying, from the result of a long
professional experience, that the law bad acted as a snare,
and had occasioned more seduction than any other measure
that could well be devised. Now, what was the measure
that he proposed ? In the first place, he held all marriages
good which were celebrated by clergymen—where the c:erey
celebrated the marriage, he left the law of Scotland where
he found it, with this exception, that if there were not a
proclamation of the banns, a certificate must be produced of
having given notice of the intention to merry to the
registrar, which notice the registrar was obliged to
publish. With respect to all irregular marriages, he
should allow no evidence of marriages not celebrated
before a clergyman, except such evidence as the registration
of banns. What he insisted on was that if ;Avis would not
go before the clergyman they must go before the
registrar, who was bound to give publicity to the marriage_
The effect of this measure would be, he contended, if not to
prevent hasty and inconsiderate marriages, at all events to
prev.nt clandestine and fraudulent ones. The hon. gentle-
man opposite (Mr. F. Mackenzie) contended that the pe-
nalty of 2001. was not sufficiently large, and would resider
the measure inoperative ; but it must be remembered that
the penalty was not upon the party who made the marriage,
but upon public offioen—upon the registrar or the clergy-
man. (Hear. hear.) The learned lord proceeded to in.
stenos several cases in which great lee nvenience had re-
sulted from the present state of the law. In one case, mar-
riage had been contracted between a Scotchman and
an English lady. Some time after the marriage
a Scotch lady moved to have the English mar-
riage set aside on account of a previous mania- e
by promise with herself. The consequence of the motion
wag, that the marriage was set aside, and, though the Eng-
lish lady married, in all good faith, in perfect ignorance of
the clandestine marriage, and in the full belief that her
husband was a ainele mac, the eflect would have been, had
there been issue of that marriage, that those children would
have been bastardited, and would have shared neither in
the property nor in the honour of the father's name. (Hear,
hear.) Now what were the objections to this measure?
He admitted that the =skirt, of the Scotch clergy were
opposed to any alteration of the law. He believed, how-
ever, that the great majority of the laity approved his mea-
sure ; but the obje,tiore urged by the Scotch clergy were of
the most incongruous and extraordinary character—at one
, time declaring that he made marriage too easy, and at an-
other moment, or nearly is the tams breath, that he made
it too hard. (Hear) Now a great deal had been'eaid about
' the petitions against these bills; but be would attempt
in some degree to analyse those petitions. Agehist these bills
altogether there had been 377 petitions, and of these 225 had
been received from the established church. With regard to
them 226. however, he must say that he did not think they
had hove obtained in the mist regular manner. In the first
place, they had a petition from the General Assembly of
Scotland ; but net content with that, there was a petition
from the eommircionere, who were precisely the same body
to the Oseeral Aesembly. (A laugh.) Then, again, there
was a petition from the synod of Aberdeen ; then from all
the presbyteries of Aberdeen ; then from the individual
seinion clerks and the particular.olergy of Aberdeen. Such
war the mode in which these petitions has been multiplied.
He spired the bowie, thee, to pas this measure upon three
around': fires, to give esstainty to the constitution of the
marrisge contract ? secondly, to ensure publicity to that
cvntract, thug preventing the monstrous evil of clandestine
... i.. es ; and, thirdly, he reconsmes led this measure be-
cause of the provisi in it mule for a public notice of the in-
tention to merry, and of the impediment which it pre,

anted la the way of hasty and fraudulent manisges.
(Hear, hear.)
Mr. M‘NEILL said that when a law existed, which was
satisfactory to a country, great caution should be observed
before that law was interfered with. He WAS ready to
accede to any reasonable measure which bad for its object to
alter the custom %hien prevailed on the borders of Scotland
as to the celebration of marriages; ho believed that that
custom occasioned much grievance, both to the lower and
middle cyders of each ty ; but he denied that the state of
the marriage law in Scotland led to the serious evils which
had been adv r;ed to. Its evil effects were
not proved, and all inquiry was refused. There
ware few counties in Scotland that bad not
petitioned against this bill; they had also expressed their
niens publicly. The boroughs of Scotland contsined one-
of the population ; the delegates of these boroughs
met to consider their interests, and the whole of them had
saaniniunsly petitioned against this bill. Also the town
~snails of boroughs of greed importance—the mon moats
of Edinburgh. Leith, Perth, Greenock, Inverness, Stirling.
Kilmarnock, St. Andrew's and many of the parochial
boards had petition( d against it. There was alms the pe ti-
dos of the commission o' the use mbly in 1848, end the
petition of the newly-elected assembly of 1849. It bad been
mid that the 'iguanas were so few in number; but
if; should be recollected that the se were the petitions
of bodies assembled, signing by the chairmen of there bodies.
Mr. F. DIAULE had listened with attention to the speech
elate hon. and learned member who had just sat down, and
°caressed that it it were once conceded that clandestine
marriages were good for Scotland, the hon. and learned
member's arguments would be unanswerable. On the
other hand, if the house thought it time that such a system
should be abolished, they Dad no course left but to pass
the bill. (Hear, hear.) At present publicity in marriage •
was required in Scotland, but not secured, and the only
object of the bill wt s to provide that security. The hon.
sad learned member alleged that every class in the country
bad petitioned against the bill. It was true that petitions
had come from several counties ; but from whom had they
emanated? Not from ti e counties generally, but from the
commissioners of supply, who had a ceepursta interest in
preserving thing( in the it present position. li td there been
a single public meeting in Scotland in hostility to the bill ?
(Hear, hear.) The grounds on which he supported this
measure were not a wish to force upon the people of Scotia d
any measure to which they were opposed, or which would
be et outrage on their feelings. On the contrary, he believed
that if public feeling were correctly ascertained it would be
found to be completely hostile to the *rt.= of clandestine
marriages. Besides the present stets of the law caused great
insecurity, as there were many cases in which a man could
hardly know whether he was married or not. Oa these
grounds, he felt bound to support the bill.
Mr. HUME said that the arguments it favour of the bill
had all been completely demolished by the hen and learned
gentleman opposite. It war therefore unnecessary for him
to do more than promise it his strenuous Opinion. The
bill had been prosecuted in a moat discreditable manner.
Every stage previous to the pros, nt had been carried atter
midnight, a course that would justify hon. members in
moving repeated adjournments the moment.the clock struck
twelve. (Hear, hear.) It had been urged that the bill had
been already three years before the house all he hoped was,
that it might be three jean knger. (Hear, hear.)
The house divided—For the motion 73
Against it
The annonncem nt of the members was received with loud
cheers by the opponents of the bill.
Mr. OLADSTONE hoped, aft. r the division which bad
just taken place, government would not press the bill further
during the present 'anion. (Hear, hear.) Though sot a
Sea chmsn, he was Inefficiently c onected with Sc Mend to
know that the opinion of the people of that country was
adverse to the measure. _ _

Lord J. RUSSELL could not admit that the time of the
house had been wasted by a motion, which had afforded an
opportunity for the important speech of the hon. member
for Argyle, in whiult he had stated his reasons against the
bill. After hearing the debate they had just had, all
he would now do was to sok the house to allow him •
certain time to decide on the amuse the, government should
adopt. (Cheers.) He did no wish for any longtime, and would
fix the bill for Thursday, when the 13:.veroment would be
prepared to annou, ce whether they would proceed with it
or not. In the mean time, as tl e motion had been carried,
perhaps there would be no objection to the reading of the
bill a third time now.
Mr. F. MACILENZIE, Mr. Ilt•mx, and Lord Li:scout ex-
pressed objections to the bill being read a third time, and
suggested that the debate should stand adjourned till
Thursday, which was ultimately agreed to.
Mr. HUME hoped the Registration Biß would be con-
sidered at the tame time.
Mr. BOUVERIE observed that many ton. minters
who strongly objected to the present bill, were favourable
to the Registration Bill.
The house then rose till six o'clock.
The house resumed at 6 o'clock.
AUDIT OF RAILWAY ACCOUNTS BILL.

This bill was brought Cram the Lords, and on the motion
of Mr. LAW:CHIME was read a first time, and ordered to
be read a second time on Thursday.
HARBOURS OF REFUGE.

Mr. HUME gave notice that he would to-mwrow (•his
day) move for certain returns respecting the harbours of
'Our, the money already upended, and the works to be
executed.
THE MERCANTILE MARINE.

Mr. LABOUCRERE intimated that be would make his
statement on the subject of our mercantile marine, not at the
morning sitting of tomorrow, hut at that of Thursday, w 1 .en
he would move for leave to bring in • bill to amend the
laws relating to rilotege, and &leo • bill to amend the laws
relating to our comm r.ial marine. The right bon. gentlemen
went on to say (in reply to questions from Mr. Ooulburn
and Mr. \V. Patten) that it was not his intention to proceed
with this latter bill in the present session ; but as he did
not contemplate any opposition to the bill yelling to pilot
age he hoped to pass it this session.
CHOLERA AND GRAVEYARDS.

Mr. MACKINNON having read a paper from an officer
of health, to the effect that persons living stoma to a church-
yard had been nearly poisoned by the magenta arising from
asked the noble lord, the member for Bath, as a member
of the health of towns commission, whether the report was
correct, that in the metropolis and other large towns the
cholera, in poor direricts, had generally attacked those per-
sons whose habitations were in the vicihity of graemaeds.
Lard ASHLEY said that they received reports from all
parts of the cuuntry on the genera health of the places from
which they came, but not going into such detail. But there
could be ho doubt whatever that the graveyards of the me-
tropolis and other bags towns were a dangerous evil, and
often exercieed a bans lul effect upon those living near them.
(Hear, hear.) On Saturday morning, however, they re-
ceived a report from Dr. Sutherland, of Bristol, fully bearing
out that fact. The report stated :
I regret to have ti announce a sudden outburst of cholera in the
parish of St. Nicholas, Bristol. The locality is a low, damp, over-
crowded one, but it has been well cleansed, and the houses are gene-
rally not In a bad condition. A few require lime-washing, which no
doubt will be done. There is one circumstance which hits struck rue
as being coincident with the attack of the disease in the courts of
Itedcrosa.atreet, already reported to the General Board of Health. It
L the fact that in both instances there is an overcrowded burying.
ground close to the bodes. The soil is raised several feet above the
courts, and the most violent outbreak has been in the houses close to
the ground. The churchyard is used for pauper interments, and al-
ready right cholera burials have taken place in it, and other two will
be interred to-day. The occurrenoe is aufftsiestly striking to arrest
attention. The ground is small, and badly situated. Shou:d cholera
increase, interments in it will increase also. (Hear, hear.)
THE DANISH BLOCKADE.

- -
Mr. SANDARS asked the noble lord the Secretary for
Foreign Affairs it it were a fsct, as was paulicly stated, that
the British consuls (or vice-consuls), Mr. Petersen, of Stettin,
and Mr. Kruse, of Swinermonde, had been dismissed from
their respective offices, and, as was alleged, for having certi-
fied to facts in certain documents declaring the inefficiency
of the Danish blockade
Lord PALMERSTON said he bad felt it necessary to re-
move both of these gentlemen in consequence of unjustifia-
ble interference on their part, which had been atter ded with
inconvenience to the Danish blockade. He considered them
to have transgressed the line of duty prescribed for consuls,
and to have taken upon themselves a reenontibility which
they were by no means authorised or justified in doing.
ORDNANCE ESTIMATES. _ _

Mr. HENLEY asked if it were intended to take the ord-
nance estimates in committee of supply on Thursday ; and,
having bison informed by Lord J. Russel that it was, pave
notice of his intention W move the reduedlon of Wanes 10
per cent.
IRISH RAILWAYS AND DISTRESSED UNIONS
IN IRELAND.
The house having resolved itself into committee,
The CHANCELLOR of the EXCHEQUER then rose
to move a reatitrion authorising the government to make an
advance out of the consolidated fund to the Exchequer
Loan Commissioners, to an amount not exceeding 500,0(101.,
to he by them applied by way of loan, fee the purpose of
constructing railways ‘setween Athlone and Galway. The
' right hon. gentleman said that, as the house was aware, go-
vernment had for some years put received front time to
time various applications from panties in Ireland for
such advances, but circumstances had prevented these ad-
vances to the extent which had been desired, and which, no
doubt, might have been desirable. There were
special grounds for furthering the progress of one
of the great trunk lines in Ireland, which, not
only itself ran through districts situ :ted with extreme
privation, but which led directly to that portion of
the country which was peculiarly design tted the Distressed
District. Ihe employment of the many thousands of people
requtaite for the works would at once effect a most important
alleviation of the miseries of the labourers themselves, and
would relieve at the same time the oppressed rate-payers
from a large amount of their burdens. The great trunk
line between Dublin and Galway occupied a range of country
which all would admit to be especially of the character re-
quiring such assistance ; a portion of the has from Dahlfa
to Mullingar, 62 miles in length, had been *Wady
constructed, and Mr. Walker, who had been sent to imp. et
the line so completed, had reported in the most favourable
terms of the ruanni r in which the works had been con-
structed. The second portion of the line, for which an act
hat been obtained, was between Mullingar end 'Athlone, a
distance of 28 miles; and early in the present session
mucheommunication bad taken place between the company,
landholders on the line, and the governme'at; on the subject
of a sum of money sought to be advanced bb government to
effect the completion of the whole line • thstn Dublin to
Galway within two years. The company bad con-
structed the line to Mullingar at .Mat OMB 'cast,
having incurred a debt of only 20,000 L. .beyood its
contributed resources ; the estimate of the constremtion of the
line from Mullingar to Athlone was 300,0001., sad of that]
'" • '

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