The Sun.
London, England, 1855-04-25 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, APRIL 25, 1855

LINES Lx USED ,T FIXED ILENTALS.

The time had come, he maintained, when the present
state of the law ought to be repealed, but before he
asked them to expunge it, let him inquire how, in the
first place, it got there ? In former years, as his right
hon. and learned friend had said, these marriages were
legal, but they were always avoided. But he (the At-
torney-General) denied that_there could be shown an in-
stance in which a marriage of this kind ever was avoided.
The learned gentleman then described the manner in which
the present law came into operation, which be character-
ised as being the most singular chapter in legislation
which was ever recited—and then adverted to the misery
and confusion which had resulted from it. He, for one,
believed this law to be most mischievous, uncalled for,
and tyrannical, and fir his part he should give his most
cordial and unqualified support to the second reading of
the bill before the house. The right hon. gentleman
resumed his seat amidst applause.
Mr. WIGRAM differed from the construction placed
upon the Levitical law by the right honourable
and learned gentleman who had just sat down ; aid
also from the argument he had urged to the
effect that Parliament ought not to bind the people of
this country tc its particular interpretation of Scripture
meaning.- Unless they placed some limit to the scope of
this argument they might legalise polygamy, which many
people in this country believed to be perfectly allowable
by religious and moral law. At the same time he (Mr.
\Vigrain) did not think that it would be safe to trust
entirely to the belief that persons who are of opinion
marriage with a deceased wife's sister was net permissible
in a religious point of view, would avail themselves of the
altered state of the Jaw. On a variety of grounds he
was neo.,t wrongly opposed to any interference with the
present settlement of the law of marriage in this coun-
try, because it was hard to say what effects it was cal-
culated to produce.
Mr. COLLIER reminded the house that the grounds
of opposition to the legalisation of marriage with a de-
ceased wife's sister had undergone material alteration.
When the question was first mooted, the high ground was
taken that these marriages were prohibited by the law
of God. He defied proof from Scripture that they were
so prohibited. (Hear, hear.) This being the case, he
contended that it was contrary to the spirit of the Re-
formation that human law should interpose to prohibit
that which was not prohibited by the law of God, and
he quoted a passage from the writings of Luther to that
effect. The hon. gentleman then went on to say that
there was only one passage of Scripture which bore di-
rectly on this question, and that was not a prohi-
bition, but a tacit permission. (Hear, hear.) He
alluded to the one which laid down that a man may
not marry the sister of his wife while his wife is living ;
but was it to be inferred from this that he ought not
marry her after his wife .was dead ? (Hear, hear.) Well,
if those marriages were not prohibited in Scripture—if
they were regarded under the Mosaic dispensation in the
light of incest or fornication, they might naturally
imagine that the Jews, in contracting such marriages,
which they did continually, would have been re-
buked for so transgressing ; but, throughout the
whole enumeration of their backslidings, he could
not find a single reference to one of this character.
(Hear, hear.) Then it was said that these marriages
were prolaited by the law of nature. Now, without en-
tering into the profound speculations which had divided
the writers on moral philosophy as to the universal law
of nature, he would only say that he must express his
utter disbelief in an universal law of nature on this
point, which had only been revealed to the Scotch.
(Laughter.) This law of nature was not written in the
hearts of continental nations, nor of Protestants, nor
of Roman Catholics. (Hear.) The next objection was
that these marriages were opposed to the canon law of
the Church ; but he thought a cursory examination of
those laws would convince them that other prohibitions
therein contained were not now regarded. (Hear, hear.)
Dismissing the question of the prohibition of the statute
law, the hon, gentleman proceeded to offer some re-
marks on the general subject in a social point of view,
which he said appeared to him to assume the form of
mere individual taste and sentiment. (Hear.) Having
replied to several of the objections which had been urged
against the measure, he concluded by expressing his cor-
dial concurrence in its object and his support to the
second reading of the bill.

RAILWAY,.

Le ,ring
Compan:

C Losing erice'
this day.

Rnsir ess
this day.

Mr. NAPfER believed the proposed change in the
law was regarded with abhorrence and disgust by a
large proportion of the community of all classes. Why
was Scotland exempted if it were not in consequence of
the extreme repugnance whizili that nation felt to the mea

sure ? Why, Oer), was it intender'• to foist it upon Ire-
land, where the feeling was equally strong ? (Hear.) The
hon. and learned gentleman contended at some length
that marriage with a deceased wife's sister was not per-
missible amongst the Jews, as had been urged ; and
then went on to view the question as being parallel with
the prohibition contain ed in Scripture of marriage with
a brother's wife, in support of which he adduced the
authority of several ecclesiastical and theological writers.
And yet, he continued, the house was called upon to set
at naught all these opinions, the canons of the Church,
and the feelings of a large majority of the people, for what?
Simply to gratify the wishes and the sensual desires of a
few persons with whom the present state of the law was
found to interfere. (Hear, hear.) Tnere were indeed
some restrictions with regard to marriages which they
might remove, but they could not abolish a restriction
like this without incur' leg the dangerous responsibility
of introducing int) our social system an element which
would be fatal, as it developed itself, as it undoubtedly
would, to the sanctity of domestic relations and domestic
happiness. (Hear, hear.) He therefore begged the
house to pause before it took so serious a step. (Hear.)

Mr. M. MILNES condemned the terms iu which the
hon. and learned gentleman who had jest sat down had
referred to those persons who, feeling moral and
religious obligations as strongly as the honourable
member did, nevertheless considered that they were
at least not transgressing the law of God in contracting
these marriages. Ho contended that it was wrong to
oppose any narticu!ar deductions of their own
from Scriptural passages on questions like these to the
very strong feeling manifested by the people of
this country, which he affirmed was the case. lie
ptit it to the house to say whether, bad the moral sense of
the people of this country, about which so much had
been said, been offended by marriages of this kind when
they were pertrissible, they would have availed them-
selves of the unrestricted opportunity of contracting
them to such an extent as they did in that day ? (Hear.)
On the other band, however, things were changed, and
such unions were no longer allowable by law. Yet,
under these circumstances, he found the national voice
raised against the existing legal prohibition ; whilst large
numbers of the clergy were appealing to members of that
of the
decency and morality with which the present absence of
eo
nsfuLpeo rtth
et
ol eb
sperzonsceed
oorrddienrarytoruelnesabolef
(Hear.) There were powerful arguments to his mind in
tlhelolgeuausle6taottion of these marriages had seriously interfered.
favour of the measure, independently of those which had
been so well urged by other hon. members, and lie
should therefore give the second reading of the bill his
sincere support. (Hear, hear.)
Mr. K. SEYMER contended that this movement
was not intended, as he had seen it stated, for the
advantage of the poor, who but for agitation in more in
fluential quarters might have gone on marrying the
sisters of their deceased wives without any legal in-
terference. lie affirmed that all the arguments
of a social character tended to support the pro-
priety of maintaining the present state of the law,
and then went on to argue at considerable length that the
proposed bill was simply an act to relieve all those who
had acted contrary to the law of the land from
the consequences of their indiscretion ; and that if intro-
duced and legalised all the social relations of life would
be completely disturbed, and the happy intercourse sub-
sisting between relatives quite interrupted. (Hear, hear.)
lle should most decidedly oppose the measure. (Hear.)
Mr. T. CHAMBERS said no doubt the house would
admit he was making a fair proposition when he asked
them to allow him to set the eloquence of his right hon.
and learned friend (the Attorney-General) on the one
side aeainst that of the hon. and learned gentleman op-
posite (Mr. Napier), on the other, and leave the ques-
tions as to the existing evil of the present state of the
law as brought forward by the former, and the supposed
evi:s which would result from its alteration, as main-
tained by the other a'together in abeyance, whilst he
addressed himself exclusively to the religious bearing
of the subject.. This, the lion. gentleman remarked,
was in his opinion the only proper light in which it
ought to be examined, because if the existing law was
not justified by being hated on a religious foundation,
it had no right in the statute book. (Hear, hear.) Ile
accordingly briefly expressed his views on this
point, as offering no impediment whatever to
marriage with a deceased wife's sister. He then glanced
at the social objections which had been urged
against the measure, but he held that those
were merely minor considerations. (Hear.) As to the
arguments that an alteration of the law would conduce to
deteriorate the purity of the connubial state, and that it
was socially undesirable, he thought they were value-
less, as the questions involved would adjust themselves
according to the particular circumstances of different
cases. On these grounds he should support the bill.
Mr. WHITESIDE next rose, and in a few forcible
remarks opposed the measure.
It being now a quarter to 6 o'clock, the debate was
adjourned.
AFFIRMATIONS (SCOTLAND) BILL.
This bill was read a third time and passed.
Some other business on the paper being disposed of,
ho house adjourned.

ARMY BEFORE SEBASTOPOL COM-
MITTEE.-(THIS DAY.)

The Committee re-assembled this morning at the
usual hour.

The Duke of Newcastle was again re-called, and
was examined by Lord Seymour.
His Grace stated—lt has always been the practice
that appointments in the army have always been sub-
mitted to the Commander-in-Chief. I became responsi-
ble to the public for these appointments. It is any
opinion that there is an incongruity in that arrangement,
and that these appointments ought to be submitted by
the Secretary for War to the approval of the Sovereign.le
I do not think the correspondence betweenrn,eydsef by and
the d
the subordirate departments was at all affected
for War and
separation of the two offices of Secrtehtaa
ought to be concentrate .
t between the Secretary for for the Colonideße.nlththe
t communica ion
one roof, where ii,star
lace, instead of the pre-
ferent departments might take
inPcessant correspondence
sent p
I am of opinion tha
done. conducted until such an
be properly i nk
French trYali
systemthese officesunr
takesplace. Amongst other things,
arrangement
ma_y
I that medical comforts
31- think it an a„
Ad • Atand t
. d be purchased by the _ nun. y, -no
shoul
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r-eelnavnr different which
necessitatesdept
the bebfoursei u
easnsy tohfi ntgh
ecaanr
mbye
the haedioal board.. The u_niatisavtory- state of

the Scutari-hospitals was first brought under my notice
in the middle of the month of October, but, as I stated
yesterday, not officially. I also beard of it afterwards
through private letters. I received no official commu-
nication from any one in authority. I immediately sent
for Dr. Smith and asked him for an explanation, but he
expressed his entire incredulity in the statements con-
tained in the public prints.
Lord Seymour—How soon did your grace become
convinced that the state of the hospitals was really bad?
The Duke of Newcastle—Of course I could not resist
the idea, from so much concurrent testimony, that some-
thing was radically wrong ; but at the same
time I was disposed to hope that there had been
some exaggeration in the accounts sent home.
Lord Seymour—Did you not think it necessary to
supersede the person who had the direction of the hos-
pitals ?
Duke of Newcastle—l did not, because I thought such
a step would be productive of evil rather than good.
The commandant was in authority there, but nothing
was ever brought to my notice which could impute
blame to him.
Examination continued—l did not intend in sending
instructions to Lord Stratford t> spare no expense in
providing what was required for the hospital., or aff)rd
money for that purpose, that his lordship should super-
intend the hospitals or visit them continually. I
simply empowered him to furnish the necessary means
f r the object I ha re stated when required ; or to
order the supplies. Of course in this respect a certain de-
gree of responsibility attached to his lordship. Whilst 1
Secretary for War I was dissatisfied with the Medical
Department, the Ordnance Department, and with the !
Commissariat Department being under the control of
the Treasury—in fact I considered the means for the
supply of the army, so far as these departments were
concerned, wlere:n a very unsatisfactory condition. I
cannot say eitl•ier that I approved of the condition of
the sea transport, and I recommended a transport board
to be established. I think that department ought to be I
under the direction of the Admiralty and not of the Mi-
nister for War. I was always apprehensive that sending
out so many women with the army would be prejudicial ;
but, at the same time, it was the opinion of the military
authorities that the soldiers would be dissatisfied if a
certain number were not sent with them for washing
and other purposes.
Lord Seymour—Did your grace not think it neces-
sary to make some arrangements in case it should be ne-
cessary for the army to winter in the Crimea ?
Duke of Newcastle—l certainly did. But of course
so long as the siege of Sebastopol seemed likely to result
successfully it was unnecessary, but as soon as it be-
came evident that the army must winter in the Crimea,
I at once took measures for sending out warm clothing
and also huts as I have before stated.
Examination continued—l was not satisfied with the
forms which were in use in connection with the different
departments and I ordered ,others to be substituted.
They were sent out, but I do not know how they were
found to answer as none of them had been returned when
I left office.

Sir J. Pakington—When Lord Raglan took the com-
mand of the expedition did he send to Lord Stratford
de Redcliffe respecting the provision of supplies for the
army ?
Duke of Newcastle—l am not aware ; but Lord Rag-
lan was constantly in communication with Lord Strat-
ford de Redcliffe. I believe Lord Raglan made some
representations relative to the 'clothing of the army.
Sir. J. Pakington—Your grace stated yesterday that
no exception was taken by any high military authority
to the expedition to the Crimea. Can you inform me
whether there was any objection on the part of any one
to the strength of the army sent there ?
Duke of Newcastle—There was not.

Si,r J. Pakington—Will your grace inform me what
arrangements were made by the Government for recruit-
ing the army in the East ? There was no reserve I pre-
sume I

Duke of Newcastle—lt is a mistake to suppose there
was not a reserve. After the expedition sailed for the
East there remained behind Sir Geo. Cathcart's divi-
sion, comprising some 6,000 or 7,000 men, which was a
reserve ; and when that w-as despatched, there still
remained a reserve of about 10,000 men, which was sent
out to reinforce the army immediately after the battle of
Inkerman. Of course, in other respects the militia was
looked to to recruit the army, and it was embodied im-
mediately after the new act was passed.
Examination continued—When it Was known that the
army must winter in the Crimea no time ws.s lost in
giving orders to the contractors for the supply of huts,
nor was there any delay in their being shipped after
-teamers were procured for the purpose. The first cargo
left this country about the latter end of November or
the beginning of December.
By Mr. Drummond—The expedition to the East was
determined on oz the 19th of February last year, and, as
I have already stated, it was always contemplated that
in case any engagement with the Russians in Turkey
did not prove successful, that some offensive opera-
tions in the Crimea would ensue. Instructions
were sent out to the ambassadors at St. Petersburg and
Constantinople to endeavour to obtain some information
relative to the strength of the defences of Sebastopol,
the resources of the country, and the disposition of the
inhabitants ; but, as I have before said, no information
of the kind could be obtained. I have no liesitatiqn in
giving an unqualified denial to the statement that
an offer through Admiral Dundas was made to
the Government to supply any such information.
If any offer of thrs kind was made to the Ambassador it
was his duty to have intimated that to the Government.
but no intimation of the sort was received from him
It may turn out,- however, it any pr,,poeiti,,n of this
nature was really made to Lord Stiv ford, that it was
in fact one of thos.e chimerical schemes, so ninny of
which have been laid before the Government—sent for
instance as a plan of taking Sebastopol by means of
balloons. (Laughter.)
The noble sluice on the subject of small arms, said
that he had ordered 20,000 minis rifles to be made at
Birmingham, but in consequence' of the delay that took
place in furnishing them he was obliged to order 20,000
to be made at Liege, which wore supplied, and the
making of which prevented an order from the Russian
Government for 100,000 of the same weapons beins fur-
nished. _ _

In reply to Colonel Lindsay, his grace stated that the
recruiting, though carried on by the Horse Guards, came
under his cognisance as War Minister. He had frequent
communications with Lord Harding° and ether officers
on the subject, and they were strongly opposed to the
increase of the bounty. He himself was in fay( ur of
increasing it, but he yielded to their opinions as
being, he conceived, more competent judges, though he
afterwards regretted that the bounty had not been raised
at an earlier period than it was. The militia were never
under him, though he wished to have that done, but
was overruled ; he was also i❑ favour of allowing the
disembodied militia to enlist into the line without being
called upon to pay back the bounty, and he considered
the prohibition against militiamen volunteering into the
line ought to have been taken off sooner.
In reference to Cabinet meetings, his grace, in reply
to Mr. Layard, said, from August to October there were
no Cabinet meetings held, though very important opera-
tions were at that time going on in the Crimea. It was
not usual to hold Cabinet meetings at that time of the
year, as most of the Cabinet Ministers left town after the
prorogation of Parliament.
By Col. Lindsay—During the whole of August and
September ao operations were going on that would re-
quire the presence in town of all the Cabinet Ministers.

On a question put by Mr. Layard, as to whether his
grace bad made remonstrances against any of the staff
appointments in the Crimea, the room was cleared.

When it was again opened, his grace said he made no
official objection to those appointments, but he had
spoken about some of them to Lord Hardinge, express-
ing his opinion that such and such an appointment was
not a good one • but when Lord Hardinge explained, he
yielded to his (Lord Hardirwe's) views.
By Lord Seymour—He had sent, by permission of the
Emperor Napoleon, a military commission of three
officers to Paris, to report on the general state of the
staff of the French army, and bad written to Lord Rag-
lan, requesting him to do the same as to the French army
in the Crimea.
The Chairman said he could now release the noble
duke, and his grace retired.
Tire committee then adjourned till to-morrow.