The Sun.
London, England, 1862-07-10 00:00:00

THE SUN LONDON, THURSDA v EVENING JULY 10, 1862,

doubt. An Irish jury found that it was so, but as
its validity turns on the question whether the Major
was a Roman Catholic twelvemonths prior to that
marriage, we fear the Irish verdict on this point
cannot judges, in discussing
theoxosetpatnidon.
exceptions
Tohne
Monday,lrish
seemed to have
no doubt on that point. They had no
power to disturb the verdict of the jury on a
matter of fact, but it was agreed that professing
himself, even to the priest, a Protestant Catholic,
he could not be understood, even then, to be a Catho-
lic in the sense of the statute, but rather to use
language proving the very reverse. On this point
the Irish Chief Justice admitted that he had not
directed the jury,
The iniquity of the law which makes mixed mar-
riages null and void is denied by no one—even the
judges on the bench cannot conceal their regret that
such an infamous statute should still survive.
Judging by the conduct of the House of Commons,
under the ecclesiastical leadership of Mr. DISRAELI,
it is likely to survive long enough, Toryism having
staked its existence on the perpetuation of bigoted
laws and Church abuses. The law, however,, is,
that unless Major v .ELTERTON had been a Catholic
twelve months prior to the marriage on the 15th of
August, 1857, by Mr. MOONEY, the Catholic priest,
all the Major's "intentional untruths" uttered to-
wards the Most High will not make him the legal
husband of the woman he then engaged to take as
his wife. It would not hinder him from casting
off the woman who was his wife in the
sight of GOD, and marrying another and richer
woman, if one could be found to unite herself, ac-
cording to the laws of man, with a husband who
was another's by the laws of GOD. Doubtless,
however, the Major took good care that the subject
of his second marriage should have no idea of the
solemnly binding contract into which he had en-
tered with the first.

Every one will by this time have made up their
minds on the moral position of the two parties—and
few, we imagine, will doubt that, whatever the
legal result—which must be finally settled in Eng-
land—the lady who was Miss LONGWORTH is
morally and religiously the true Mrs. YELVERTON.
We apprehend all, in reality, will turn upon the
Scotch marriage. As things now stand, the same
lady is Miss LONGWORTH in Scotland and Mrs.
YELVERTON in Ireland. Each party will of course
appeal, and we see little chance of the Irish mar-
riage being maintained under the existing statute.
In Scotland, if Lord ARDMILLAN be right, she will
have little chance also there ; and then, probably,
the English House of Lords will have to rsview the
whole proceedings. One common mistake has
been dispelled by Lord ARDMILLAN'S statement of
the Scottish law. It was a common:notion that the
most thoughtless expressions relating to marriage
addressed to a woman, might, if accepted by her,
constitute a valid engagement. The judge assures
us that such is not the case. The law requires
"sufficient proof of mutual consent deliberately
expressed." It has been laid down that '' it must
be a deliberate and genuine matrimonial consent.
It must not be a matter of mere sport or jest; it
must not be a mere colour for serving acme non-
matrimonial purpose ; or a cover and blind to con-
ceal something which the parties themsekes truly
know not to be matrimony." The only regular mode
of giving such consent is in facie eccleaiae; but
several other modes are a legal marriage—as Ist.
Marriage by the interchange of consent, deprcesenti.
2dly. Marriage by promise, eubsequente copula.
3dly. Marriage by cohabitation as husband and
wife, and habit and repute.
Y..ELyOnERthTeoN of Ireland,allegedmar-
riage by these modes, Mrs.
Miss LONGWORTH, of Scotland, will now appeal to
a higher Scottish Court.

A good citizen is this day given to London in

coroner was awarded to laiddlesei, in the persoll
of Dr.: LANKESTER. Of the former gentleman
little need be said. His late princely benefaction to
the very poor in this metropolis speaks for itself,
and for himself also most eloquently. It explains
the reason why our ancient municipality has been
eager to do honour to itself by honouring him in
the best way at its command, namely, by the presen-
tation to him of that mark at once of respect and
admiration which the City of London is
always so ready to award to great public
merit—the symbolical Freedom of the City
of London. Nor is it that the mercantile men
of this vast, and wealthy, and populous capital of
the British Empire, have but now awakened to the
recognition thus tardily, as it were but yesterday,
of the merit of this distinguished Merchant Prince
now (to-day) numbered among its citizens. Mr.
PEABODY has been domiciled here in England,
has been known long and well for years and years
past here in London, and so living among us, has
earned all this while, by the sheer force
of the simple probity of his career, the respect of all
ranks and classes during the interval of his sojourn
amongst us since his arrival here long ago as a
stranger from the opposite shores of the Atlantic.
His recent gift to the very destitute in the capital
of the land of his adoption, Mr. PEABODY himself
quite manifestly, and indeed avowedly, designed as
a token of his gratitude to Heaven, and of his good-
will to his fellow-men, for all the happy fortune that
has attended him throughout his career in Eng-
land. The City of London, in its turn has this day
endeavoured to evidence, by the presentation of its
Freedom to Mr. PEABODY, at once its admiration
for his act and its respect for his character.
As to the newly elected Coroner of the County
of Middlesex, we cannot ourselves but think, as we
certainly must all of us hope, that a better selection
could hardly have been made than has been
made in the nomination to that post of Dr.LANKES-
TER- In succeeding to this office, a man as eminent
as the late Mr. WAKLEY, the new Coroner will
necessarily have to pass through the ordeal of
many a searching comparison with that distin-
guished predecessor. That ordeal we can only hope
he will contrive to pass through with credit to his
own advancing reputation.

ITuesday's discussion on oar Chinese policy was
needed, in order to call public attention to its very
possible dangers, and to make the Government
watchful. We have sixteen treaty ports in the
Empire; and the system to be adopted is, to defend
those ports_ Their defence is supposed to necessi-
tate keeping off all marauders from a distance of
thirty miles round them; and, as the Taepings
seem at last to have fairly established their cha-
racter as land pirates, they must be kept off too.
Indeed, they are, at present, the only commercial
enemies of the ports; and they are so, Ao t through
any malice against foreigners, for they seem willing
to have free intercourse with them, but in the same
sense as locusts are the enemies of the agricul-
turists. They destroy and devour wherever they
go all that maintains commerce. Men themselves,
houses, agricultural produce, everything is exter-
minated or destroyed by them. The argument is,
if we allow such marauders as these near our treaty
ports we might as well not have access to the ports
at all.

On the other hand, we are told that our defend-
ing certain cities, and aiding the Imperialists to do
it, is taking part in a Chinese war. That doing