The Sun.
London, England, 1848-07-25 00:00:00

SUSPENSION OF THE HABEAS

CORPUS ACT.

(FROM THE MORNING PAPERS OF MONDAY.
POST.—The measure of the suspension of thn abeas
Corpus Act in Ireland will confide to the Lord• Lieut-
enant, or Lords Justices in his absence, the power to
arrest, and detain in imprisonment, till the Ist of March,
1849, all persons suspected of disaffection to the Queen's
person and Government. So urgent did the Minister
consider the situation of Ireland, that he proposed the
suspension of the standing orders pro hac, vice, and the
Bill went through all its stages, and was finally passed
by the House Commons, before the sitting was con-
cluded. It is to be brought under the consideration of
the House of Lords this day, when the same dispatch
will no doubt be used, and we may reasonably expect
that to-morrow's post will convey to Dublin the infor-
mation that the Bill has become a portion of the law of
the land. An opposition, so insignificant as by its
weakness to strengthen the hands of the Government,
was offered to the measure on Saturday. Eight Mem-
bers of th© House of Commons were happily all that
could be found arrayed against the cause of order. The
debate on this important subject will be read with deep
interest, on account of the gratifying alacrity displayed
to support the Crown against the machinations of
traitors, who have not even .the commonplace plea of
traitors to urge in their defence. It was as truly as
tersely observed by Mr. Disraeli, " that this was not an
agrarian, nor a religious, movement, nor one arising from
a sentiment of perverted nationality; it was an external,
a continental, a Jacobin movement." That the general
condition of Ireland calls for earnest consideration we
have on very many occasions expressed our firm con-
viction; but treason must first be put down. Legisla-
tion cannot take place in presence of an armed insurrec-
tion.

ADVERTISER—The proceedings of the House of
Commons, on Saturday, in reference to the Ministerial
measure, will be read with profound interest on both
sides of the Channel. They will produce a powerful
moral effect in Ireland. Out of a House consisting of
215, only 8 could be found to vote against the Govern-
ment motion. And,not only so, but no opposition was
offered to the Ministerial proposal, that the standing or-
ders of the House should be suspended, in order that the
Bill might pass that day. This is a most significant cir-
cumstance. It will appal the traitors in Ireland. It will
strike terror into the minds of the rebel leaders. They will
stand aghast at the unanimity of the House of Commons,
in dooming them so speedily to durance vile. They
never dreamt of being dealt with after this fashion. Those
who last week were playing the braggart, and with an
unparalleled audacity defying the Government, will, in
scores of cases, find themselves, before the close of this
week, safely enclosed within the walls of the felon's cell.
Before many weeks have elapsed, we expect to witness
the complete restoration of tranquillity in Ireland. The
vigour and energy which Ministers are now displaying,
in their determination to crush the incipient insurrection
which prevails in Ireland, almost reconciles us to the
past forbearance of the Lord-Lieutenant of that country.

THE SOUTH
I! ORELAND LIGHTHOUSES.—These new
edifices are now completed, and from their beauty and
unique appearance reflect the greatest credit on all par-
ties concerned. There are two—the one called the
Upper, and the other the Lower South Foreland Light-
house. The headland on which they stand is the nearest
point in England to the coast of France, being barely a
distance of 21 miles across the Channel. 'rho upper
lighthouse consists of a massive tower (externally octa-
gon, internally circular), the lantern of which is about 375
feet above high-water mark, leaving a perpendicular
height of the cliff on which it is situated of about 290
feet. The lantern is constructed on a novel principle.
It is furnished with 264 mirrors, which are enclosed on
the side opposite the sea by six lenses. These mirrors,
casting a multitudinous reflection on each other, afford a
strong and brilliant light, being clearly visible on the
opposite coast, throughout the Downs, Ramsgate, and
even Margate and the greatest portion of the Isle of
Thanet. The lamp, which is in the centre of the lan-
tern, consists of one large socket, containing four burners;
and it supplies itself with oil by means of a kind of clock-
work machinery, which, while it pumps up the oil to the
wick, also returns the surplus quantity to the reservoir;
and in case of any defect, or want of supply, by a small
hydraulic balance, strikes a sharp tinkling bell, as a
warning to the keeper. The machinery is very simple,
at the same time curious. The lantern consists of a
cupola, the roof and sides of which aro composed of
neatly wrought iron frames, apparently light, but suf-
ficiently strong to stand against the most ordinarily violent
tempest. It is enclosed by 48 oblong panes of plate glass,
from two and a half feet to four feet long. Around the
cupola, on the exterior, is a balcony, rendered safe by a
castellated parapet, from which, in clear weather, one of
the most splendid views is to be obtained; giving scope
to the eye a considerable distance beyond the bare out-
line.of the opposite coast, and far both up and down the
Channel. Passing from the upper lighthouse, about a
quarter of a mile easterly, is the lower one, standing on
the verge of the cliff. The tower is not so high as the
former, neither is it lighted on the same principle.
Within the lantern are suspended from copper branches
l Argand lamps, each having a burner of rather large
dimensions, with a concave reflector of the greatest
brilliancy, and about 20 inches in diameter. It appears
that it is yet a matter of doubt which system of lighting
is preferable, the honourable Corporation of Trinity are
giving each a fair trial. The framework and exterior of
the lantern aro about the same as at the upper light,
this also having a balcony from which an extensive view
is obtained.—Canterbury Journal.
MILITARY ItaTELLIGENCE.—The 62d Regiment in
garrison at Portsmouth received orders on Thursday last
to hold themselves in readiness to leave those quarters
at a moment's notice; and a similar order was issued on
Friday to the 17th Regiment in the same garrison. The
62d were inspected on Friday by the Major-General
commanding the district (Lord Frederick Fitzclarence),
and on Saturday morning, at half-past four o'clock, four
companies of that regiment took their departure. from
Portsmouth for London by the South-Western Railway,
and on arriving at the Waterloo Station, marched thence
to the terminus of the London and North-Western Rails
way, by which they proceeded to Bury, in Lancashire,
(and not to Ireland, as was stated on Saturday), to relieve
the 60th Regiment ordered to Ireland. The remainder
of the 62d arrived in town and followed the head-quar-
ters to Bury, this morning. The 77th Regiment, in
quarters at Winchester, will take the place of the 62d in
Portsmouth.
THE SUBTERRANEAN FIRE NEAR SHEFEIELD.—
Some account of this fire appeared in our paper lately.
A correspondent of the Sheffield kadependent gives some
further particulars. He says, " Old people whom I have
known well, remembered a fire which was burning under
the Red Hill and adjacent fields near a century since.
Some of them, who were living since the modern outbreak,
fully believed this ire to be nothing but a continuation of
the former one. Be this as it may, it is certain that for
about 80 years past the fire has been undermining the
ground on which many of the habitations stand. Some-
times, for the space of a year or more, various indi-
vidual houses have been so dreadfully filled with
black or choke damp, that it has been impossible
to breathe unless the door was kept wide open.
Many of the cellars have been closed • for years.
About twenty years since a portion of the streets
sunk imineaiately after a loaded waggon had
passed over the spot, exposing the hollow on which the
people walked and dwelt. During one considerable
period the water drawn from the principal' well of the
village came up, not warm merely, but positively hot.
From 15 to 25 years ago, both in winter and. summer, as
soon as the evening closed in, flame was seen to issue
from various fissures in particular fields and gardens.
A few years since an old farm-house and outbuildings
had suffered so much by being undermined, that it was
deemed advisable to take them quite down, and the ma-
terials were made use of in the building of two neat
cottages. These were erected on ground where it was
thought the fire had long done its worst, and where the
new buildings would stand safely. Though not more than
six or eight years since the cottages are tumbling down,
one of them having been already prudently aban-
doned by its inhabitants: Some of your readers
may recollect that during the recent prevalence
of typhus fever, Nether Haugh was more than
once named in your paper, in connexion with that
dreadful scourge. There was not, perhaps, one village
in the whole country which, for the number of its idles-
a ugh chief
w a causethe
b of
ad
a bitants, suffered more. Ido not recollect to have seen e
opinion expressed in print, but I never doubted that
thes
t
the
air
preval prevalence of
tfever
houses in Netherb
y the
engenderedHc in subterranean ire."'
AU EXTRAORDINARY SEtENE.—A most extraordi-
nary scene occurred at Nat turn 1 Ll
e
lt. -bae, near an-
gefni, on Friday, the 30th
ult. On that day Hylton's
collection of wild beasts, •in caravans drawn by several
horses, came from Llangefni to the turnp •
ike-gate and 6d for each collar was demanded as tWhen this*
on.
collection go through. unless 2d. more for eacht° collar
paid, upon the ground that only 4cl. had beenpadwfoas
each when they passed on their way to Llanerch meddr.
The person in custody alleged that whatever had b
demanded had been paid at that time, and that if a
fur-
would charge had been then made it 'would have
been paid ; but that the property had sine,
that time changed hands by being sold to another
party when at Llanerchymedd. The gate-keeper was
determined not to open the gate, and the keeper of
the wild beasts was fully as determined to pass
onward; and each party loudly insisted upon the cor.
rectness of his own view of the case. A respectable
farmer who happened to be in the adjoining field
was referred to us to the respective rights of the
parties. The clause in the Turnpike Act was clear
as to 6d. a collar being chargeable where the carriage
drawn was upon springs, but the wild beast man insisted
there was nothing in the Act to compel him to pay toll for
another man's property or beasts.. The pikeman called to
his assistance the lime-burners and carters from the adjoin-
ing quarries, and the caravan man summoned his trusty
keepers. Words grew louder and blows fell faster, until at
length the battle became general ; bloody hands and
broken heads were seen and felt ; staves and butt ends
of the carter's whips were met with long poles
and short truncheons. The issue of the battle was
for a considerable time doubtful. The , pikeman's
wife and children were crying and roaring in the
house,
whilst the wild beasts in their respective dens
were sending forth terrific yells. The elephant, after
removing the gate, was unchained, came to the rescue,
decided the day, and caused the discomfited Monaitea to
fly in great disorder towards GIY nhwrfa, leaving the
pikeman and his gat© at the
mercy of the evictors, who
subsequently passed onwards with lighted pipes and
flying colours,'Qotir Courant.-

THE LAW OF MARRIAGE.

It will be remembered by our readers that on the 28th
of June, 1847, her Majesty was pleased to appoint a
Special Commission " to inquire into the state and opera-
tion of the law of marriage, as relating to the prohibited
degrees of affinity, and to marriages solemnized abroad,
and in the British colonies." The Commissioners so
appointed consisted of the Lord Bishop of Lichfield, the
Hon. James Stuart Wortley, M.P., Sir Stephen Lush-
ington, D.C.L., Mr. Anthony Richard Blake, Sir Edward
Vaughan Williams, and Mr. Andrew Rutherford.
The first report to the Queen's most excellent Ma-
jesty is embodied in the shape of a blue book, including
the evidence of the witnesses examined, the appendices,
&c. The report itself occupies a space of 10 pages.
The Commissioners first directed their attention to the
question of marriages within the prohibited degrees of
affinity, and to the law affecting such marriages, princi-
pally confining themselves to the case of marriage with
the sister of a deceased wife. The legality of such mar-
riage is notoriously the essence of the question at issue.
The Commissioffers find, from their minute investiga-
tion of the laws of foreign countries, that marriages of
this kind are permitted, by " dispensation" or otherwise,
in nearly all the continental states of Europe.
It appears that in the Romiah Church they are pro-
hibited as matters of discipline, but that such prohibition
may be, and frequently is, dispensed with by the Pope,
or by others acting under his authority; the principle of
this dispensation being that the prohibition has been im-
posed by the church, and not by the law of God; and
that, consequently, the church is as free to remove as it
was to ordain the prohibition.
In Protestant countries such marriages are likewiso
permitted, and solemnized by dispensation or license,
under ecclesiastical or civil authority.
In the United States of America alliances between
a man and the sister of a former wife are not only
deemed lawful, in a civil sense, but also in a moral,
religious, and Christian sense ; and, moreover, as ex-
ceedingly praiseworthy. A great judicial authority in
that country—we allude to Judge Story—declares,
" Nothing is more common in all the states of America
than second marriages of this sort, and, so far
from being doubtful as to their moral tendency, they
are, amongst us, deemed the very best sort of marriages.
In my whole life I have never heard the slightest sug-
gestion against them, founded on moral or domestic
considerations."
Turning to the Greek Church, we find these mar-
riages stigmatized as incestuous, and of course disal-
lowed as utterly unlawful. It seems, however, that
such marriages are not illegal in Russia, if the con-
tracting parties be without the pale of the Greek
Church.
The opinion prevalent amongst the Jews is favourable
to these unions, and, so far from condemning such con-
nexions, the usual time prescribed for remaining in a
state of widowhood is abbreviated in cases where there
are children.
The various bodies of English Dissenters do not ap-
pear to hold any opinion based on the assumption that
these marriages are interdicted by Holy Writ, the sole
authority which these respectable classes of the
Christian community admit.
The Commissioners were naturally anxious to ascer-
tain the opinions of the clergy of the Established Church
in England on the two questions of principle and expe-
diency-1. Whether the marriage with the sister of a
'deceased wife is prohibited by the Divine law ; or, 2, if
not, whether it ought to be interdicted on any other
ground ?
The result of this inquiry was unsatisfactory. The
clergy are so divided in opinion on both questions that
it is impossible to put forth any judicial dictum as the
expression of the sentiments entertained by so numerous,
important, and authoritative a body. The majority,
especially in Ireland, appear to object to the marriages
in question, but on various grounds; and in Scotland the
opinion of the Presbyterian ministers is decidedly ad-
verse to them.
It may be remembered that the Act of sth and 6th of
William IV. had ;a twofold bearing—the one retro-
spective, the other prospective. The effect of the former
was to legalise the marriages already contracted, as
faits accomplis, whereas the latter provision declared all
such marriages for the future to be null and void, thus
giving ample notice of the illegality and the attendant
consequences to all parties interested.
The Commissioners regret the utter failure of this
prospective enactment. It has not prevented numerous
marriages with the sisters or nieces of deceased wives.
" On a low computation," says the report, " such mar-
riages must amount to thousands, although, from the
nature of the connexion and the secrecy observed, their
number cannot be accurately ascertained. The evil is
great, and it appears to be increasing."
The Commissioners proceed to analyze the cause of the
failure of the statute to prevent these marriages. Some
of those who object to them rely less upon Scriptural or
ecclesiastical authority (which would at once decide the
question at issue) than upon certain arguments of expe-
diency very commonly urged in familiar arguments on the
subject. 'These refer to the delicate relations which exist
between the sister of the wife and her brother-in law,
considered tantamount by some to a tie of consanguinity,
and, consequently, branding any future conjugal con-
nexion as incestuous. Others, again, with less delicacy,
suggest that " if a possibility exist that hereafter the
husband and the sister-in-law might become husband
and wife, room would bo allowed for the excitement of
carnal passions tending to criminal intercourse."
The supporters of such marriages, on the other hand;
contend that the marriage with a wife's sister, so far
from being prohibited, is inferentially and analogically
permitted by the law of God (vide xviii. Leviticus, lii;
xxv. Deuteronomy, 5), and, on the ground of expediency,
they urge that such marriages ought to be permitted for
the advantage of the motherless children, whose maternal
aunt is naturally more adapted to fill the part of an
affectionate stepmother than a stranger.
The Commissioners, however, as philosophers and meri
of the world, reject these arguments as the cause of the
production or prevention of the marriages in question.
The common foundation of such alliance is stated to be
the familiar intercourse necessarily prevailing between
a man and his sister-in-law, when, on the decease of hii
wife, she assumes her sister's place as the guardian of
her bereaved children. And here the grand argument
of natural impulse urges itself upon our notice. Upon
this interesting question the Commissioners offer the
following observations and opinions, with which they
conclude their report :--
"It may be advisable to consider this part of the
subject with reference to the community, as divided into
three classes—the most elevated in rank and fortune ;
the next class ; and the rest of the community.
" Few of these marriages are found to have taken
place among persons of a high station. But we do not
attribute this to any stronger sense of religious or
moral obligation than in other classes. On the contrary,
the evidence shows that where circumstances have

placed persons of elevated rank in situations likely
to create such attachments, connexions of this kind
do take place, as among other ranks. Probably the
true reason why such marriages are rare in the
highest class are,-1, that the numbers of such class
are small; 2, that in such class a sister less often
occupies the place of a deceased wife. Wealth pro.
vides otherwise for the management of domestic
affairs; governesses take the charge of children where
considerations of expense do not intervene; relations
have much greater facility of seeing the children, and
superintending their education, without actual resi-
dence under the father's roof. Even under the roof
the society is less closely domestic and private, and the
desire of not offending the opinions or scruples of the
world, be they right or wrong, is stronger. These con-
siderations, we think, account for the small number of
marriages of this kind in high life, without supposing
that the feelings would be different, or differently go-
verned, if the circumstances were the same.

" In the next rank of life, the evidence shows that
these attachments and marriages are frequent ; and
we believe frequent in proportion to the occur!.
rence of the circumstance which would naturally
give rise to them ; that is, in proportion to the
number of cases where the sister of a deceased wife
takes up her residence under the husband's roof,
the parties not having passed the middle age. We find
that the relations and friends of both parties have in some
cases readily assented to the contraction of such mar-
riages ; and in other eases, where a contrary feeling
may have originally existed, they have not hesitated,
upon a consideration of the subject, to sanction, with their
approval the connexion already formed.
" Wo do not find that the persons who contract these
marriages, and the relations and friends who approve
them, have a less strong sense than others of religious
and moral obligation, or are marked by laxity of conduct.
" Among the poorer chyme of society, we believe that
in a great majority of cases where the sister of the
deceased wife becomes an inmate of the house, and
the parties are not advanced in age, the end of
such a state of things is marriage or concu-
binage. The constant and familiar intercourse,
the want of separate accommodation, and the entire
privacy, give rise to feelings which, in the ordinary
course of things, naturally will produce the conse-
quences which we have stated. When a poor
man with a family has the misfortune to lose his
wife, some assistance for his domestic concerns
becomes indispensable; assistance, too, for which
he cannot afford to pay, and which must be rendered im-
mediately. All circumstances and all feelings point to
the sister of the deceased wife ; and when once sbe be-
comes a permanent inmate, the result, in this class, is
almost inevitable ; cohabitation with, or without, the
form of marrige.

" On a review of the subject, in all these its different
bearings, and effects, we are constrained, not only to
express our belief that the statute 5 and 6 William IV.
has failed to attain its object, but also to express our
doubt whether any measure of a prohibitory character
would be effectual. These marriages will take place
when a concurrence of circumstances give rise to mu-
tual attachment; they are not dependent on legislation.
"We are not inclined to think that such attachments
and marriages would be extensively increased in number
were the law to permit them ; because, as we have said,
it is not the state of the law,
prohibito'ry or permissive,
which has governed, or, as we think, ever will effectually
govern them.

" We have en deavoured, faithfully and impartially, to
set forth the rea ult of our investigation ; but whether any
or what measury should be introduced for a change of the
law, either on the side of relaxation, or stricter prohibi-
tion, we must leave to the wisdom of the Legislature."

Her Royal Highness the Duchess of Saxe Weimar
accompanied by her two daughters and son, Prince Ed-
ward, attended by a numerous suite, embarked on Satur-
day morning at Blackwall-pier on board the General
Steam Navigation Company's steam-ship Ocean, J. C.
Hast, for Rotterdam en route to the lingu.2.
GAME CEirriricATEs.—The Collectors of Assessed
Taxes hare received official notices not to issue a receipt
for game certificates for any party whose residence is not
in the parish where the collector resides This is quite
right, fer obviQU? feaiNme,