The Express.
London, England, 1857-07-11 00:00:00

TSB EXPRESS, SATURDAY EVENING, JULY 11, 1857.

may be, must have far greater latitute allowed them
than in area and affairs in Europe. In the instance
of the Afghta War they had that latitude, so also in
the two Sikh Wars, in the Burmese War too, and,
lastly, in this Persian War. In truth it must be so.
India and its relations are • good deal outside the
Convtitntion. When we can drag them within, so
much the better for them and for ourselves. But
don't let us endanger India for the sake of form or
strict attention to the Bill of Bights, still less for the
ease of Mr. Rotermes uneasy conscience.

It may be very shocking to the ears of sentimen-
talists, but we should, as practical persons, have
been quite content to have seen the whole cost of
the Persian War thrown on the finances of India.
Indeed, were it not that the revolt in the Bengal
army is likely for the time to press heavily on these
finances, we should have strongly resisted any part
of its cost being a burthen on the Home Treasury.
The entire superstructure of our relations with
Persia rests on an Indian basis ; it is as an Oriental
Power that we deal with Persia; the charge of
diplomatic representation there is paid for by the
Indian Government ; and it was for exclusively
Indian purposes, or for the assumed safety of British
Indi t, that we recently went to war with the Slum
Our Indian Empire pays its own coot; it pays for its
own defence; it pays for the Court of Directors at
home and for the Board of Control too ; it paid for
the Afghan War, which war sprung out of a policy
identical with that which led to the Persian War.
Why theu should any part of the cost of the Persian
War be thrown on England ? AU precedent, all
analogy, all principle is against any such imposi-
tion. If we have to pay one-half the extra
expense of this Persian War, we may have to pay
two-thirds of the next; and so we may go on
increasing the proportion, until India becomes a
serious burthen on the finances of England.
.

In the position in which the question of the Per-
sian War now stands, this seems to ns by much the
most practical part of it. Why should we have to
pay a single penny for it?

Ir any illustration could be wanted to enforce the
views so eloquently urged by Lord LTNOMERST in
his recent protest against the inequality of the Law
of Divorce as it affects the two sexes in cams of
matrimonial infidelity, it is supplied by the report
which appeared in our columns yesterday of the pro..
ceedings in BARING'S Divorce Bill. On the facts et
this distressing cue it is net necessary to dwell in
any detail. Mr. WILLIAM FREDERICK BARING, the
petitioner, a married man with two children,
raiding at Eaton Hall, near Retford, in the
county of Nottingham, became acquainted some
few years back with a Mr. and Mrs GORDON, the.
resident in the immediate neighbourhood. A class
intimacy sprang up between the families—as
intimacy that, as regarded Mr. GORDON and Mn.
BARING, soon passed the limits of virtue and self-re.
straint. It was not till the spring of the present year
that anything occurred to alarm the suspicions of Mr.
BARING. He then became the reluctant and asto-
nished witness of a fact that left no reasonable doubt
of his wife's guilt. Inquiry was set on foot, and
produced. as in such melancholy eases it often does,
the miserable proof that the intercourse which bad
worn the outward semblance of friendship had been
a long intimacy of guilt. Mr. BARING announsed
his intention of separating from his wife, appointing
an hour for a final interview. Mrs. BARING deenned
the interview, and at once went up to town with the
adulterer. At the Great Western Railway Hotel
the fugitive and her paramour were living together
in the free indulgence of their guilty passion, when
a terrible scene ensued. Mrs. GORDON, the wife of
the adulterer, made her way into the presence of the
false friend and the false husband. The woman lied—
the husband and the wife were left together. When
the friend who accompanied Mrs. GORDON re-
visited the room after 20 minutes' abscess, I
he found the wretched wife making a
passionate appeal to Mr. GORDON to retire
home. The appeal failed, and the unhappy lady
fainted under the stress of that prolonged agony d
contending passions. She was at that time eneeigg tit I
she was removed to the country : she had a timn.
gerous illness : the husband was telegraphed ht :
he came, and he went spin never to ream.
Mr. B kRINO brought his action : the damages
were assessed at 3,0001. This brut's= Adam
of an indignant British jury was, of course,
goaded in the style which has long been
onstomary in such cases. Mr. GORDON took his
poesage to Boulogne before the verdict was pro-
nounced, and is still, we learn, an inmate of that
famous City of Refuge for all the naffs and roues of
this eminently moral island—absolved from the
cares of wedlock and beyond the reach of bailiffs.
Mr. Btausti having gone through all the forms
which the absurdity of the law still prescribes—
baring obtained his verdict in the action for trigs.
on. in the common law courts, and his decree of
divorce d maenad eg gkoru in the ecclesiastical courts—
has just succeeded in getting his bill for dissolution
of marriage read a second time in the House of
Lords. All this, under the circumstances, is • mere
matter of course, and Mr. BARING, in the course of
• few weeks and at the cost of a few thousand, of
pounds, will succeed in breaking asunder by the
strong arm of the law the violated tic which binds
him to an adultness.

But how stands the case with Mrs. GORDON
Aggrieved. insulted, trampled on, there is no release
for her. Flagrant, shameless, cruel has been the
wrong; but the wise, the humane, the enlightened
law of England can offer her no redress. With a
smile of self-complacent wisdom on the lip, with
arms folded in indolent impotence, that renowned
and equal Justice which is the boast and glory of our
land solemnly looks down on this ineffable injustice,
in the blind and obstinate conviction that it
is a wrong for which it is hopeless to find
a remedy. As the law now stands, Mrs. GORDON is
wholly without the power of procuring a dissolution
of the marriage tie on any terms; as the law will
stand, supposing the Divorce Bill of 1867 to pass
unaltered through the Commons, she will have the
power of freeing herself from the union, but only
after a lengthened period of absolute desertion has
been added to the insufficient provocation of base
and flagrant infidelity.
Can our Legislators really be insensible to the
scandal and inequality of such a law WI this ? The
probability rather is, that, admitting the hardship,
they do not see their way to an alleviation. They
need not look far before they find one. The law for
husband and wife is equal in Scotland, equal in the
United States. It is not found to be abused in either.
It is for the opponents of this righteous rule to show
cause for thinking that it will be abused here. We
should be exceedingly reluctant in any way to en-
danger the success of the Divorce Bill as sent down
from the House of Lords; it contains so very much
that is salutary, it is so far in advance of what
priori could have been expected, that we had fax rather
accept it as it is, than run the slightest risk of im-
L perilling the chances of its becoming law
' this session, by urging any claims however
just, or any amendments however obvious.
• Even with such unanswerable arguments as those
contained in Lord LYNDHURST' si protest, and such
startling illustrations as that supplied by Mr.

BARING'S Divorce Bill, it will still, perhaps, be mare
prudent in our Law Reformers to adopt as their
rale of conduct for this session, in reference to the
Divorce Dill, the maxim gado non motere. A time
must come, and that speedily, for making further
concessions to the demands of good sense and the
dictates of morality. When that time arrives, the
case of Mrs. GORDON will have to be cited as
among the most flagrant examples of the one-sided
oppressiveness of the existing law.

A BILL is now before the House of Lords fur
amending the Winding-up Acts, and unless we
misunderstand the matter it is most fit that its
future progress should be watched, and that
Government should be called on to furnish some
explanation on the subject. So far as we
can discern, it is identical in principle and very
similar in its details with • Bill of last session,
which originated in the House of Lords, and was
after considerable discussion rejected by the Com-
mons. On that occasion Mr. MALINS, the Member
lee Wallingford, advocated the measure. So ques-
tionable, however, did its provisions seem that be
was not only opposed by many Irish Members, but
esien by Members on his own side of the House,
erruipt whom we remember the Eames
elf Kr. lIENLEY and Mr. Curren. Unfortu-
nately, the Bill of this session, involving the
same principles which were so emphatically con-
demned last session, has nearly reached the wished fee
goal ; inasmuch as it has only to pass the Lords—an
ordeal which it succeeded in getting through last year
without much difficulty. We think it right, there-
fore, to c'-aw the attention of their Lordships to the
petition of one MICHAEL CARROLL, which is now be-
fore as, in which be alleges, and apparently on good
grounds, that if this Bill becomes law he will be
deprived of certain valuable rights which as a cre-
ditor he has a'-eady acquired. He asserts that this
Bill is intended to apply to the case of the Tipperary
Joint Stock Bank—that memorable BADLElR-
swindle—and " that, contrary to all precedent, the
provisions

of the Bill will have a retrospec-
tive operation, and will most injuriously affect
the vested rights and interests of the petitioner."
This is a serious objection, so serious that it was one
of the chief reasons why the Bill was thrown out
last session. It may be that there is some provision
which will protect vested interests, but we confess
it has escaped us. It may be very inconvenient and
very expensive that where a Company is not made
bankrupt, but has been brought under the Winding-
up Acts, the majority of creditors should be incapable
of binding the minority. No doubt it would be a
great improvement if the creditors were able to
appoint representatives, and these representatives
empowered to bind the whole body of their
coostituente, the creditors. Such regulations as
these are very proper to be made for the,
future. Bat the Tipperary Bank is a thing
of the past. The creditors have acquired certain
rights, and the shareholders have incurred certain
liabilities, which ought not now to be interfered
with. Thus MICHAIL CARROLL tells us he has ob-
tained judgments against various shareholders for
his debt, and in obtaining these judgments ho has
incurred considerable expense. NJW he complains
that if this Bill passes, his rights under such judg-
meats will be destroyed, and he will be unable to
recover the costs to which he has been put in obtain-

ing these judgments. Whether this be so or not is a
question for the law officers of Government to answer.
It does seem far from improbable that the repre-

sentatimu elected bye majority of the creditors, who
by the first section of this Bill are to have power to
bind all the creditors in such compromise as they
approve of, may agree to compromises which would
be destructive of the rights of some of the creditors.
We must observe that the class of persons who con-
stitute the creditors of the Bank are many of them
small farmers sad tradesmen, whose voices will

never practically be heard in the choice of their
representatives; and no doubt many of the larger
creditors are men who will not only elect the repre-
sentatives, but will have influence enough to get
the terms of the compromise so framed that they
will not themselver ruffcr. It is true that the
Judge or Muter must give his sanction ; but
the danger is, that the cue of the small depositors
will never be brought to the notice of either the
Muter or the lodge. At all events, we protest
against any attempt at ex poet facto
unless the amplest security is taken that vested
rights shall be respected. Those persons in the
position of MICHAEL CARROLL who have obtained
judgments, and who have incurred expense in so
doing, must have their vested rights secured ; and if
the Bill is permitted to pass, a provision must be
introduced into it in order effectually to secure this.

THACKZRAT for Oxford! The city of Oxford is
not the University of Oxford, yet its close contact
with alma mater imparts to it an intellectual charac-
ter. As the flower in the Persian fable says, "I am
not the rase, but I have grown in the same garden
as the rose," Oxford, like Edinburgh, is one of the
few coeudituencies to which we ought to be able to
look with confidence for a due appreciation of the
claims of a literary celebrity. Wo shall be re-
minds& of the antagonism between " Town"
atai • Gown :" it is precisely upon that an-
imation that we rely. Opposition springs some-
times from similarity of character. The University
boo got the habit of choosing representatives for
purely party considerations ; the City ought to
show itself superior to this un-academical weakness.
Seriously, there are few men whom it would give us
greater pleasure to see in Parliament than Mr.
TIIACIERAT. We want en infusion of men of in-
tellectual pursuits into the House of Commons, to
elevate its tone. At present the balance is held
between the purely material interests of commercial
and manufacturing enterprise, and the purely mate-
rial interests of agricultural production. We want
more scholars, to remind the representatives of
breeches' pockets on bath sides that there are higher
interests to be minded. Now, we frankly confess
that it is not every literary celebrity upon: whom
we could see such a charge devolve without feeling
apprehension and misgiving. A crotchety wayward
race they too often are, the brethren of the pill ; but
Mr. THACKERAT is no mere hitirateur. He is a man

of the world, who has mingled largely in society; he
has a shrewd, observant, practical intellect ; and in
addition to that, he is thoroughly imbued with the
principles and sentiments of an English geirlernan.
We will not pretend to indicate any special vocation
that Mr. TIIACKERAY may have—any peculiar line
of usefulness to which he may devote his energies.
But he will serve to swell the number of right-
thinking and right-feeling members of the Bonne of
Commons; and his sagacity and tact will eminently
qualify him to conciliate and guide those who sin-
cerely aim at legislating for the benefit of the
whole community. Therefore we say again—
TIIACIERAT for Oxford!

TEE admission of the Jews to Parliament is, by
last night's vote of the House of Lords, pct off till
next year—longer it cannot be postponed. The
immediate consequence of the vote will be the re-
election of Baron ROTH3CHILD for the City of
Loudon.

DIVISION IN THE HOUSE OF LORDS
LAST NIGHT.

OATve Bur..—Wand, that the bill be now reed II *mond
time (the lord President) ; objected to; en amendment
moved to keys ost (" non") and imam. (" this day three
months") (the Earl of Derby). On question, That "now"
Wand part of the motion—Contents (Present) 91, (Proms)
48, total 139; Not-Contents (Present) 109, (Proms.) 63,
total 172.

P• 1,11,.
Orinwr Gerden. V. Lone, L.
Mala onti. & D. L.
&den Wan, V. Mettaera. L.
Neeratle, D. Zwiut Mart r, I.
Norfolk. D. . V. Mental/., L
Iletnerret D. Nii=•. ° IrOt Ite agtost. D. I=ftp.
1,14a10. la.
Allerhary, M.
... . DD. Or el, L.
in Wallow, K.
L. rsoteure. L.
Imelefolore. M. Pete. L.
Tanana.. N. il Vow. L. P4.rteaus, L.
Wertrolater, K. L. Fiere.......an, 1..
Ka. /t Wren, 1..
Aleserka. IL 11...1e, L
Annum* & =11:11.L Mere &A MI6 le
&AWOL B. Oww, 1. Helton. L.
Clatireeter, IL Orplaft. L. e.m.riolL L.
flared," S. Onsaraln. L. Stafford, L
Cotasbam, N. Cliairboyc L rion?r, of A Walay.L.
Omar, IL Strafford, L
Durban, Z. r•• oat de Dods, L.
Lam C. euffiel l. L.
Forreeree, K. Wllembri.. 16.4
Hon Odle. L.
Oraarllle, K. Meads 1.. Ta1..4.10 Malatilde.L
Lather. 11 MLL,i, Ter,, ~.
Morley. Y.. Vro" L.
Ilmale, N. K rott•4o. L
Poramollin. & aroma* le
11•44 Ciensw. I. k.......--.
Sambnwelt. IL ta ?KW.
Pattraby.
L Paroshy. L
= IL
EILM
eralsrd. IL NOM a I PIND
kekdita, ThallfAal. L
MO. Gedelialm. L.
::: Komilda Wskies. L.
Iltrallo, L
lar INK MK. WI.,
Illelig. K. le. L
°"*a
1 a itgeigo.
k Alma. L.
folealle, L
Noue.., L.
l'ealtura, L
Itoreary, L.
Eslcartn.
Ltd ntar.r..ll
older. L.
allIh: T 0..., L.
Wear...llk L.
ti:. LI. IT orllngbao. L

1101.00NTICNTIL
inaniaav /
Conant:4m /NY* W. 6.11. Paltholoa. L.
IL cnoychal, L.
Bocalmams rid B. Canna, L.
Chalon-, D. I. Moo. L
laaorhow at, D. ri,,,.... Cloabrook. L.
LOAM. Lk CAltelitry, L
Colebator.L.
Etetey. M. Crofton. L.
tloPiroary. 11. Trt,...!., 1)o L'his mail Der"cy,
Worm-nook X. rid NW L.
Whyotafter. K. . N. De Boa. L.
BIETato rod IL Drama. L.
Abepmea7. X V. Downer. L.
Malmo& X. Onitolary, V. Farnham. L.
Draw,. C. Clasorty. V. Wayeretro, L.
IP monsoon. 1. Omit. soy. V. tom ter. L.
ileXta:r.oc ay:
. V. Bony.. L
1ne.,1 roil Bolin 4 L.
Brooks • Vratakt. E. . V. Moore. L.
boa X. Poloat.l. L.
. X Y. V.
imlllhatii.LL.l:
Own:W. N. V.
DortaarayUL IL lIIL Vl•ort. V. Ito% L.
Do la Wow, a Iblihelia. V. Beano:lW.
Dort?. X dal loamy. L.
Dort. X Ohlitestar, Bp. Sunder, L.
Datiotalor, X 1111isox IS.. Bp. Pouthamogoit, L.
Madinah X. Um.. Bp. Btowart of Garner, L.
Umtata, B. OaKeil. Bd. Pt. John of Nam. 1..
Daniel *a, Z. Temploooro, L.
=/:,P.14,
Tonterdea, 1..
I l.an"Ziat-rogla X. blawa7:29. Waatathain. L.
Loves and 11ab.,•.8. VIP , many do
Lauda* Z. Abliapr, L. /India L.
Luton. X Aydroman, L. Wyoloyd. L.
lirarlold.7l.l' =I..
4
Mayo. X. Baraloila L. MLitt.
Morton, N. 11/WA L. Bath, K.
riaVrat.llß. Mw L.
Baton. L. Col,lll of Cularoo. L.

.P. 1,....)
Nara... Not D. Forlx.X•Vt.. ft.
ItkitntorteL D. To Y. C.tlerrlork. L.
C,..mhrar.Dt. L.
Chodlimo, L
AO,. 11. NoIWO. IL Cletnattr. L.
Cb hatestbary. M. Stamford astl Ws. CD... I.
TrtaeJ.l3l*. M. E.
vni=r.. Croft.. L.
Dtatll• and CLIt.
AO.: fora. X. c.. 1. L.
/Wetter. K. Dm. V. Yoxford, L.
turi...l Vv. X. Derrsar. V. 01. X.. L.
estbrart. IL IMAM. V. fir. L.
DeetAttb, X. ft/rardi;;. Mho... to
Er. IL Saw. 1.141.11... L.
Van.. K.
001.1 ford. Z. itir
.rbsohlo. Phi... L.
ftolarly. L.
821toriford. L. Itarrwal,4. L
=it Be. flarrtuitob, Mk
.4ile, jatl.
11,11.0000. b. Ilastb. DP. I.
I 34berte K.I. K. !IL An^. ft
Ilhafitedar. Sra Vinci.% L.
Man.rs,ll. Valet Leortarr4. L.
Netron. X.
Orlo, IL
M"kr... L.
Orford, V.. Wetors. L.
Whab. L.