The Sun.
London, England, 1838-07-31 00:00:00

wotild diniider it in all its b'earings; he was eonVinced they
h • •jse Artd just laliV Woulu nnu ic no, owy a I .L.matt_ Ut ti A • •
Lt•rcl—BßO UG HA AI said that his Noble and c.earned
Friend had introduced the subject in a manner so attractive,
with a distinctness so peculiarly his own, that, coasidering the
i;t;ight or the atithority end Learned friend, her
high station in that House and in the country, diiu si t ef,sitteftt
place which he had filled in the law, he might be deterred from
adopting an opposite line of conduct had he not found it
necessary to shut his ears to the pathetic topics which his
Noble and Learned Friend bad urged, with a view of stealing
into their Lordships' bosoms by means of the best, the natural
feelings of mankind. So far from laying stress on the fevr-
ness of the instances which his Noble and Learned Friend
had adduced, he only lamented that so many cases had oc-
curred, and he would even go farther, and say, that although
the number might be small, he bad no doubt many others
existed which had never seen the light, simply because it
would be useless to struggle against the law. He admitted
that it might appear hard to reject this, the only remedy fur
the evil brought forward; but, although the Bill had passed
through all its stages in the other House with a large majority,
he was surprised that, with the single exception of a Right
Hon. and Learned Friend of Isis, who distinguished himself on
this as on all other occasions, the subject had not received the
attention from those Members of that House connected with
the legal profession which its importance demanded. The
law officers of the Crown had not expressed any opinion with
respect to this Bill— (Cries of " Hear, hear")—but whether
they approved of it or were opposed to it, they were bound
to give it the sanction of their official names, or to withhold
that sanction by stating their views with respect to such a
measure. When he came to look at the evil on the one
hand, and the remedy proposed for it en the other, he could
not help saying that it was only a partial measure, and that
it left by far the greatest evils untouched—it was in short
but a little remedy to a part of the evils connected with the
present law of husband and wife—but then it opened the door
to such frightful changes in the law of the country on this sub-
ject—aye, was such a frightful invasion of that security by
which the morals of the people, the sanctity of the manage
obligation, and the education of children. were guarded, that
he at once said that if it were adopted, it would open the
gates through which such a flood of immorality would flow
as would completely destroy the character and institutions of
the country. His Noble and Learned Friend had laid be-
fore them all the evils of his case, and pointed out how
different the treatment was which the law applied to the
husband and the wife. There could be no doubt whatever
that the law was harsh, that it operated severely as regarded
the women; but although this was his opinion, although
he thought the evils should be remedied, he could not
think that- the present was the proper me isure for that
purpose. His Noble and Learned Friend had drawn an
appalling picture, and had he the power of the pencil of his
Noble and Learned Friend he might do the same. The
question their Lordships had to determine was whether they
would set aside the fundamental law of marriage in this
country when there were other cases in which women were as
harshly treated as they were in being deprived of the custody
of their children. Adultery was equally a crime in man or
woman by the law of man as well as by the law of God ; but
in this case how different were the positions of the two sexes.
If a wife made a slip an action was brought against her para-
mour by the husband, and the character of the woman was put
in issue not only behind her back, but frequently sworn away
by collusion between the husband and a profligate para-
mour. She had no remedy, for she was excluded from
the inquiry by the rules of Westminster Hall. It was
very different where the adultery was committed by the
husband. A wife might be devotedly attached to her
husband, but although her tenderest feelings might be out-
raged, and on this point the feelings of women were most
susceptible, she was left remediless.—( Hear.) If even the
husband failed in his action, he might refuse to live with her,
and if he did what redress could she obtain ? She might sue
in Doctors' Commons for a restitution of conjugal rights, a
proceeding which no woman, with pride, would adopt ; but
this was the only course that was open to her to take. But
even if she went there all she could get would be a sentence of
divorce, a mensa et thorn. She could not marry again. How
different was it with the husband? The law gave no remedy
for surrendering the conjugal vinculum • but what did the
husband do? Why be came down to Parliament, and on the
verdict which he had obtained at law, and the sentence of
separation pronounced in the Court, he procured a dissolution
of the marriage. This enabled him to marry again if he
pleased. If their Lordships meant to alter the law they
should not confine that alteration to marriage. They
would find that the law bore hardly in all cases against
the weaker sex, who seeing the effect of passive resistance in
Ireland and elsewhere, perhaps might attempt to gain their
rights by the same means, by proving to the lords of the
creation that unless these rights were conceded, there would
be an end of that-domestic comfort and happiness which they
previously enjoyed. The natural difference of the two sexes
had led to this inequality, but for his own part he could not see
that the evil complained of was touched by this measure. The
Bill did not deprive the father of the controul of his children ;
he might place them any where, even in a brothel, and the
whole boon which the measure conferred was that of allowing
the wife to obtain a Judge's order to see them now and then.
That was no remedy at all, for it did not touch nine-tenths of

1, Si it • * 4

--•
the evils. When be pronounced his judgment with respect to
the title of the Bill, he must say that it was th most fraudu-
lent thing he had ever seen, but this was not to b 3 attributed to
his Noble and Learned Friend. It stated that it was " a Bill
for providing that parents" (in the plural number) " should
have access to their children," when, in point of fact, the
father wanted no such power, as he bad it already by law.
This, therefore, was not an honest title. It should have been
designated " A Bill for allowing wives access to their chil•
dren ;" and he thought ho had a right to complain of the un-
fairness of the title. There was no greater hardship in this
instance than in the case of property, and many other cases
which could be mentioned ; but let their Lordships look at
what it was that the Bill provided. It provided that not only
the three Equity Judges, namely the Lord Chancellor, the
Vice-Chancellor, and the Master of the Rolls, who alone knew
anything of matters of this kind, but that the fifteen common
law Judges, who knew nothing about the matter, should like-
wise have controul.

Lord LYNDHURST did not approve of this provision,
and intended to confine the powers to be given by the Bill tt;
the Equity Judges solely.
Lord BROUGHAM was glad to find this, for he feared
that when the fifteen judges were asked their opinion of the
measure they would hold up their thirty hands against it.—( A
laugh.) When he found a measure containing such gross
blunders as appeared in this Bill—blunders which his Noble
and Learned Friend not only did not defend but abandoned_
he thought he saw enough to justify him in opposing it. It
would introduce an anomaly into the law, and increase
the labours of the Equity Judges. Those Noble and
Learned Lords who had sat in Courts cf Justice must be
aware that cases of this kind were of all others the most
tedious, and for his own part he had frequently expended two
or three days in disposing of a single case of this description.
The contest was not for money but feeling, and this rendered
such a controversy of all others the most painful. The
remedy at present was to proceed by habeas corpus, but
this Bill transferred all the existing remedies to the adraistra-
tion of the Equity Courts. But why confine this Bill to Lon-
don and Westminster?—( Hear, hear.) Why not extend it to
the provinces? Were there no persons in Cornwall, in York
shire, or any other county, to whom its provisions could be ap-
plied? If the fifteen judges were to be struck out there would
be no remedy for ill-used wives in any county in the provinces.
—( Hear, hear.) The Bill had been conceived in careless-
ness, for it originally provided that a woman living in adultery
could have access to her children as well as she who was not.
But the cases that would come before these Courts of Equity
were now, -and would be, 'of the most difficult description ;
they were all to be decided on affidavit—( Hear, hear)—while
perhaps a single cross-question would be sufficient to dissipkte
such affidavit altogether. Then there was the additional diffi-
culty, after a case of this nature should be heard, of making
the proper order. So far as to the machinery of the Bill, and
now let their Lordships consider the mischiefs to which it
would give rise with respect to the marriage state. It was
the certainty that married persons could not get rid of each
other that strengthened the tic, and there was nothing that
could have a greater tendency to make a wife faithful
to her husband, than the knowledge that should she net
be so, she would be separated from her offspring.—( Hear.)
But this Bill would encourage the woman who c mtem-
plated adultery, smooth the path to separation, and tend
to close the door against reconciliation, in many cases where
so desirable a result of past disputes might be effecled. These
were his chief objections to the Bill. He had rather sre a
measure that would apply the axe to the root of the evil at
once.—( Hear, hear.) The Noble and Learned Lord con-
cluded by moving that the Bill be read a second time that day
three months.
The LORI) CHANCELLOR had had considerable diffi-
culty in making up his mind on this question. He objected to
the little power this Bill gave to the wife with respect to see-
ing her children, as he was convinced that that power,
when
well exercised, would, in many instances, have the beneficial
effect of preventing cruelty on the part of the hu‘l.and
to the
wife. The power, however, ought only to be exercised in
cases where the conduct of the wife was, and had been irre-
proachable. Ile thought their Lordships might, however,
safely assent to the second reading of the measure, limiting it
to the extent proposed by his Noble and Learned Friend.
Lord W YN FORD should certainly vote for the amendment.
The House then divided, when the numbers were—
For the second reading—Coatents 9
Non-contents
Majority against the Bill —2
Adjourned at Half-past Ten o'Clock.

BRIS'rOL SUGAR MARKET, JULY 27.—That
which we looked forward to as the probable effect on the L"id"
market, of the state of our own, has exactly taken Ow sugars there
e:
have been very krisk, and the desirable qualities arc 6d. to Is. dearer in
consequence. This has revived the disposition to purchase, and enabled
our buyers to give former prices more readily; whilst every attempt to
obtain an advance is resisted, and only serves to repress any rising hopeof a renewal of bus:ness.—
John William Bertram], the cook of the Victoria,
was apprehended on Saturday and examined at Lambeth street Police
office, charged with breaking open a package on board of that vessel,
and stealing therefrom various articles of Jeweller y. The partieulars of
the rubbery were detailed on Saturday. Several of the stolen articles
were found on the person of the prisoner, who did not deny the rob-
bery, attributing it to drunkenness. He and one of the women
in the transaction were remanded. plicited

The Avondoode, a Alini•itcrial journal of Amster-
dam, contains in a postscript the fk.llowing passage :—" We have just
received accounts which lead us confidently to expect that the treaty of
the !A articles, with some additional ones, will be signed in a day or
two, if it be not su already. The importance of the question prevents
us i.-_aLing übservations, but we think we nlay safely advance that
the dc.tiniti,e. treaty aiti be 6ua. as to cirtirz c3ntidualicz: of Pc: ":c•

TEIE SUN, LONDON, TUESDAY, JULV 31, 1838.

" Sir, your obedient humble Servant,
" LAVINIA MATILDA CARET MORTIMER."

" I hare the honour to remain, Sir,
" Your grateful and humble servant,
" E. W. POPHAM."

A TROUBLESOME TENANT.—Mr. Wm. Tinkler,
a member of the Hull Corporation, was summoned by William Bain..
bridge for an assault. The complainant rented a house of Mr. Tinkler,
and had not paid him any rent for more than two years, in consequence
of which a distress was put in, and all his goods taken. The complain-
ant refused to leave the premises, and Mr. T., having determined to get
rid of him, under a plea of destroying bugs, lighted a large fire in the
lower part of the house, shut all the doors, locking the complainant in
one of the rooms, and burned a large quantity of brimstone, the fumes
of which nearly suffocated Bainbridge, who, on calling out for mercy,
was taken by the shoulders by the defendant, and turned into the street.
The defendant said it wa+ all true, be could not get rid of his tenant by
any other means. The Corporation Magistrates said be had no right to
act as he did, and fined him 2s. 6d. and costs. The defendant declared
he would appeal against this decision.—Hull Paper.
Oil Saturday an inquest was held at the Cham-
pion, prinees_strest, Lisson-grove, on the body of John M`Lellan, whose
death occurred under the following circumstances :—The jury first pro_
eview the body of the unfortunate man, which presented a
spectaclete,horrible adequately to describe, the face being entirely
e
and the whole body bc.ng one mass of sores from top to toe.
c ; l;e,s l
away,
, to, , a y ,
too
From the depositions it appeared that the deceased was the striver of a
cab and horse, the property of Mr. W. Johnson, a cab-owner at the west
lained of having a cold. He took some gruel and went
end of the town. On the evening of Friday week last, deceased came
follossing day large lumps or swellings began to make
to
owhnede a.ndctenornthic
their appearance under the jaw and on the nose, which, as well as the
eyes, emitted a great de d of running. The eyes gradually became worse
il but the gentleman who attended was unable to tell
teh
and full of holes, and the nose and jaw broke out into dreadful sores. Me-
Ia
.Sir Astley Cooper, who examined him, and pro-
nounced it
to
called
glanders caught from a horse. The deceased's me_
dies! subsequently fell in with this opinion ; but all remedies
v lcce,.eilti naturein aid
attendant wasaof,ab
bethe
stbbdease. On Wednesday last deceased was con_
vexed
about a quarter of an hour before his death,
no avail, The unfortunate man gradually became worse,
were found of
and entirely insensible. In the space of two days his nose fell from his
agony. The
eor
jury
itipreye.
face, and his eyes became like a cullender, both emitting a thick mucus
He, however,
running.
which took place on Thursday evening, recovered his senses, and stated
shuiceYi a"dtsri ininygge ra.tg'h'oen
that he had got his death by wiping the horse, which was glandered, with
11;s own nose.
in
returned a verdict--`' That the deceased died from glanders acciden-
tallyikie:acheixdopersifer,:atoinfv,t.tih,le:cenhmiin:ecsatuweatxisocurt
eared that they could not be satisfied unless the horse were killed. The
prop• 'etor expressed his readiness to assent to their proposal, and the
rietor
animal was accordingly destroyed.
THE RUSSIA COMPANY.—A dinner was given
on Thursday at the Albion Tavern, Aldersgate.street, by the Russia
hisPcaughts c e
pocket
h handkerchief,
Company, to Count Stroganoff, the Russian Ambassador Extraordinary,
and to Count Bozzo di Borgo, the resident Ambassador of the Emperor
of Russia at the Court of Queen Victoria. Viscount Melbourne and
the Duke of Wellington both accepted the invitation of the Company,
but were both prevented from attending it by the press of parliamentary
business.
par.iamentar
business. Colonel Astell, the Governor of Y
, the Company, was in the
chair, and surround Iby more then 100 of the first Russian merchants
in the city of I.ondt:'i Ott his right were Count Stroganoff, Count
~ Alexis Stroanoff b'sn.
the
corn_
minded and the Admiral Ricord, the officer who co-
minded a portion of heßussian fleet at the battle of Navarino. On his
len were Count l'oz° I. 11°1.g°'
z the Marquis of Londonderry,_ Sir C.
Bagot, and Sir 11. Hardman.i

On Friday last an inquest was held at Nancy,
before C. Martin, gentleman, Coroner, on view of the body of Daniel
Burt, aged 17 (son of Mr. Burt, miller,of Iligh
Toyntoo, near Spi!shy),
who was unfortunately drowned in crossing over the race (or stream) of
a water-mill at Partney, making the foutth son of the same father who
has come to a premature and untimely death.—Verdict, " Accidentally
drowned."—Boston. Herald.

HERRING FIsHING,—The herring fishing has this
season been very productive; and is weekly, nay- daily, increasing.
The curers are v. ry actively engaged in the fishing ; and so great is
the take, that a scarcity of salt and barrels is severely felt. At Campble.
ton, we understand, the herrings are selling at fis. per hundred, which
will prevent the people in that neighbourhood from competing with the
Lochfine fishers. We are glad to hear that the fishing was good last
week; but the fish have gone farther up the loch to Tarbet, which will
occasion the removal of the busy scene of the operations of the curers.—
Edinburgh Courant.

DEBATE ON THE PENSION LIST.

the toliostiiiig ire the Letters referred fo in tire Cdttfzt of the deblte
diet

" VIENNA, J•NUART 11, 1838.

Sir,—Living,
von
at atchceo tat
bn
ot tapdit
adheslreclsslmi smng allness s)inieso,,
tvohb,fliu:tnagpteyhrtegoi
icoltoircearrte, in the
most retiro ro4n,
netion I
;::,7:::::1t.'1:61,!:-;e-gieNrif;liTt: tredluin all that
despised and degraded class t:a"a7!,,-rMotipts, Are to !. send to you,
Sir, as Chancellor of the Exchequer, an act;t7Xo. qt!qf eArerAl
to the pensions they have hitherto received. Takliii .;!! ~lett for
granted that I am rightly informed, I beg your patience to the
titanfor dailyeedrecital. My father, the Hon. General Lucius Ferdinand Carey,
commanded at the takin M
of the Island Of . Lucia from the French, in I
the year I iSg, ?tritt died Of his wounds on the day of Its capture.
" I must not, hoe/ever, suftet this melancholy entitnOtatiOn In make
me forget that which I must eve' fgolErntrer with gratitude, vit., that
this pension, which in these dear times fliftiOies Ore with little more
bread, and obli;es me, to obtain that, td lira #d b'anishment,
was yet the means of procuring me that religious and solid tocltst'sition
adapted to my fortunes, which has enabled me to bear up agatist all the
sorrows of them. I have, inched, esnoyed it long, perhaps the gen.
'lemon of be Committee will think too long; that hes besn the will
of God, and not my fault ; and it is true that, as it is thy slnly resource,
I should be glad to retain it, if I can be allowed so to do with hottOgr
and without reproach, and to receive it with that dignified thank.
fulness with which the daughter of a usefully brave British officer,may
accept a national testimony of her father's deserts; but if this cannot
be, and his services are considered as having been long remunerated,
why then, Sir, I can cheerfully resign that which I shall hope may lesien
the distress of some younger and weaker child of affliction; and being,
by God's blessing, able both in body and mind, to seek my own subsis-
tence in the education of the children of some more fortunate family, as I
was obliged to do in Mr. Pitt's time, when the pensions were at times
four, five, or six quarters in arrears, I may, perhaps, find an answer to
the quarterly question of my mind, whether such wages as I should then
receive for my honest service were not more honourable than the de_
grading reception of a pension so grudgingly bestowed. Leaving this
weighty matter, under your sanction, in the hands and choice of the
Gentlemen of the Committee, I beg leave to subscribe myself,

"`The pension was granted by Mr. Pitt (unasked) for services per.
formed not only in the navy, but also in the conduct of a confidential
and difficult misrion to the Emperor Paul of Russia.
"At the time of m,king the grant, the Minister's discernment led
him to foresee that thecurtailment of Sir Home's life, and thorough
neglect of his private affairs, must be the inevitable result of his
devotedness to thepublic service, and therefore he gave a remainder to
his widow.

" How fully that discernment was borne out by fact is told in a few
words.

" Although several years of brilliant successes followed the period of

the grant, so little provision had Sir Home been able to make for his
family during those years, that on receiving his last command, when
his private affairs were pressed upon his notice, after parting with all
his propertrin-litigland, he found his fortune to consist of his pension
and his sword, and he was constrained from motives of economy to take
his family with him to Jama'ca. _ _

•' Thus having toiled beyond his strength, he sunk beneath the loss
of a son and of a daughter, of whom the climate had bereaied him ;
and collecting alt that an unskilful economy had just placed within his
disposal, he was permitted to return with it to England, there to receive
again the approbation of his king, and, leaving to his widow his pension
and his name,
" His name is history ; no thousand pens can blot or mar it.
" His to bless his children, and to die.
Pension has given to his children such an education and such
advantages as its limits could, all directed, to make them worthy their
country's bounty and their father's name; and I am confident that no
royal person,
no House of Commons, no Minister, will say that pension
should expire before i expire.
" No, Sir, the remnant of my days shall still be soothed by the words
your letter quotes—. It is honourable in just cause to be thought worthy
of reward.'

" I do not undervalue by any means, the pecuniary advantages ofthe
pension; with roy family and my wants that were impossible. Have
not I, ere this :borne heavier privations—and for my country ? I have!
But I do value high, and above all the touching testimony to the merits
and to the memory of Sir Home Popham, borne in the continuance of
that pension by a grateful country, ministered by a Royal hand to his
widow, and that because he was as true an officer as ever left a widow
in a nation's care.

" Sir, —ln reply to your letter, which I had the honour to receive
" 2, Grove, Hackney, Nov. 30, 1837.
last evening, I consider it a private communication, and hesitate not to
give you the particulars. My late husband held the vicarage of New-
land, bordering on the Forest of Dean, which you are aware is ext •a
parochial. The miners and colliers, of which there were several thou-
sands, he found in a state of utter ignorance, without any place of wor-
ship ; neither would they go to those nearest the Forest, knowing they
had no claim. The Sunday was spent in amusements. Dlr. Procter,
feeling for their destitute state, applied to Government for a grant of lapd
to erect a place for worship and a school, under Mr. Percival's Admin.-
tration, and it was submitted to the law officers ; but it was found it
could not be done without an Act of the Legislature, and Mr. Percival
advised an appeal to the public for subscriptions to erect a building, that
the poor colliers and miners might have some instruction. This was
effected, after some years of labour and expense, with the weight of a
very large parish to take care of. The Forest was his work of love, for
they could give him nothing ; and till he succeeded in getting a
grant of land, which was at last effected, he met the people in
cottages, anxious to be taught ; and when the church and school
were finished, both were crowded. Besides the Sunday worship,
he gave them a lecture in the week, and it was pleasing to see the
poor colliers hastening from the coal.pits to be in time for the service.
The distance being so far from Newland, Mr. Procter was of course ex-
posed to the rain and snow and wind ; and after coming out of a place
greatly heated, from the numbers that attended, his health was injured,
and he fell a victim to his constant exposure to heat and cold, and
others ate receiving the benefit of his labours. Mr. Procter having
sacrificed his property in the erection of the building, &c , in considers.
,ion of his great exertions to make the foresters of Dean good and loyal
subjects, and the severe losses he sustained in building, and which is
fully explained in a little pamphlet, which I would, if you wished, for.
ward to you, the pension was granted tome, his widow, on the solicita-
tion of the late Bishop of Lichfield and Coventry, who was at that time
Bishop of Gloucester, with Lord Bexley and Lord Calthorpe, who
knew what Mr. Procter had done for the foresters, and were liberal
subscribers, I fear to fatigue you by the length of detail, or I could say
much more, WhicH would interest and incline you to do your best that
my pension may not be withdrawn. I cannot look forward to. many
years, being nearly sixty, and much out of health. I leave it in your
hands, t rusting You
will remember the widow.
" I am, Sir, your obliged humble servant,
" AGNES PROCTER."

,„lini
Y given at the Theatre Francais fur the benefit of the Vaude.
ville Company, was extremely well attended, and produeed 7,012 f,
PARIS THEATRES.—The representation ex-
traordwhich, after the expenses are deducted, and which the Directors of this
theatre generously fixed at the smallest possible sum, will leave mere
than 6,500 f. applicable to the benevolent purpose alluded to. We are
glad to hear that a subscription has been opened on 'Change in behalf of
the meritorious company in question, and that it already amounts to a
handsome sum —The Courrier des Thiqitres says that the house of
Rothschild has given 500 f.
A man, 'mined Mauduit, was tr.ken up the other
day in the act of shoplifting. He turns out to be most probably thesenior
roMer of the capital. since his first condemnation for these petits egare..
'Rents de 7)107206C date from the first days of the republic, .16 years ago.
—Paris Paper.
OYDENITANI COLLEGE, GRAFTON-STREET,
GOWEILSTREET —The distribution of Honours for -Summer Session
took place on Saturday, July '2Bth, at four, P. it Francis Ommancy
in the Chair. On the reading of the Repor it was shown that 320 en.
tries had be,en male the 13t. 1837, to the .Medical
classa.