The Sun.
London, England, 1856-04-29 00:00:00

LONDON, TU ES DAY EVENING: APRIL 1856.

[ADVERTISEMENT,]
frlAßßlAGglitll'll A DEOE4SED WIFE'S

. .
the Rev.'s. -C. Miller, Iron,' Caumi of :Worm eter, . Surro-
gate, ST.,e. .
" I cannot pereciva that it is forbidden in the 1 cord of-God;
nn the contrary, the limitation of Leviticus .xviii 18, seems.to
inc to be a sanctioning to marry_a_sister of a IN ufe when de-
eased.p lam decidedly of opinion that the present law,
iwhilert 'may ;paftialrY, and very partially,. affect the habits
of society among the upper classes, will Kemp Co a barrier, to
in:nriage which: now oasts; but - wilieh I doin4 bblieVe God
Aver - set up, It. will prevent. much immoritt among the
poor; relieve Many- a•biirdened conscience; ti tend to the
increase of happiness amongst large numbers i,f our fellovr-
countrYinen."—ften:' and -Right Rev. 11. 'Mod tagu,VillierS,
Bishop of Carlisle., .- . • , .• . . ,', - • ' .... :
." I speak advisedly when I say that I come ken prepared
,colcifferlroy epinion•that theologically it ii_corre! A that such
.
Marriages should' take place„and I see no grorak4. whatsoever
hn account of which such marriages may not,bb ),egalised."
Evidence of Rev. J. Hatchard, „Vicar of St. Aralrew, It--
mouth: . . -
" I think' it a groat evil to insist 'iron a rule in which no
Sacred.principle is involved, and which.is found to be at vari-
ance with' the feelings bf large lasses Of the cominunity. '=-
Rev. Mr. t...iinforth.._. • . . , .
f.' The three points- upon-whichthe petition was especially
bidden
these ;.first, that such-marriage was not for' •
bidden by the Word of God; second, that there was
.no con-
Sang-unity or blood-refationshiP 'alsting between the parties;
and thirdi that such a marriage was wholly unobjectionable
u moral considerations."-Speech of Rev. J. B. Owen, St.
cam's Chapel, Bedford-yew, -- -
sire‘aldyll!ilia'vivfeuslrhaccirrdniianggetsoasth
yeoulewtteisih taondmaskpeirliatwoffunl
Holy
Scripture ; and I hope the civil and, eceleiastical law will
speedily be made conformable to the Divine."—Rev. F. Close,
Incumbent of Cheltenham. . .
• f_ . .
''My bpitilon'of the law has long been, that it is impolitic
restric.ion."—Archdeacon of Derby. ,: - . ' .
" It appears to me, therefore that first, as Scripture shows
that there is nothing immoral -in such a connexion, and
secondly, as it is obvious that much evil would be prevented
-many poor children saved from misery and ruin, by having
that person• pyor-them_who, in a majority of instances, would
be the next best substitute for a mother--m4womind is-led
10-Ua.l.ievo-ViiiiitltelaW et Triati- ought-tb tat4yeilf-this 3. esift
with the law of God.!!—Rev. Canon Chempneys: -
" Has never had dcels!on to observe, citherin the middling
or poorer claSsei, any injury or immorality arising from such
Marriages ; never admonished any of those. parties that they
Were acting in breach of the Divine law, because never be-
lieved it. The great inducement to these marriages is, that'
the parties • have a better opportunity than is • generally
afforded of being acquainted with each ether's real character
and diSposition."—Evidence of Rev. J. F. Denham,, M.A.,
F.R.S.; Rector of St. Mary-le-Strand.
" Most heartily do I wish Toe. success. I cannot believe,
"as has been sometimes said, that it is unseriptural that a man
should marry his wife's sister. The law of man has made it
sin ; but.) ou cannot make the poor man believe that the law
of God does."—Rev. Mr. Drummond.
" In verselB, the prohibition is only against marrying the
wife's sister during the lifetime of the first wife, which of itself
implies the liberty to marry her sister after her death."--
Rev. Dr. Chalmers.

SISTER.

TO THE EDITOR Pr THE SUN.

SIR,---The Corrarnitttre of the Marriage Law-Reform
Association are .disirens of again calliitg the attention
of the British public to the folloWing fae;;s, opittionq, and
national- testirriOnks, tending to prove the Scriptural
lawfulness of marriage with a deceased wife's sister, and
the consequent desirableness of again affording -leg-al
Validity to such marriages in England .and Ireland, in
accordance with the law and practice _of other Christian
conutries;--,I have the honour to be, Sir, your -obedient

servant, •
JOSEPH STANSBURY, nx., Hon-. Sec.
26, Parliament-street, April 25, 1856.

" It seems to he established and admitted, that the moral
feeling of the communitpat large is not with this law--that
the law, in fact, is not .obcycd, and that ft great
,nninber 61
persons, nOt considering tbemselvea to couimit any moral
offence, do contract, meninges which the law prohibits. That
is not a state of things which ought to exist; and not, being
of opinion that, there is any moral objection to-the contracting,
of these marriages, and belieying that the law, as it stands,
is the-cause of a- great deal of misery and social evil, especia,lif
among the middle andsloweeelasses of the community, I shall
with great pleasure give my
,vote for the notion."— pooch
of L .rd Palmerston in the debate milhe motion for leave to
bring in a Bill to Amend the Lalt to -Marriage with a
Deceased Wife's Sister or a Deceased Wife's Biebe, March 13,
1856.

" Is the marriage of a widower with his wife's sister within
the prohibited degrees I" In all frankness and honesty lam
obliged to answer—No. It is interdicted neither by express
veto nor yrt by implication. Canonical austerity is not to
be identified with moral purity or matrimonial fidelity."—
Rev. Dr. Radio, Glasgow.
" Without pursuing"the subject further, I shall give it as
my opinion that the marriage in question is not against either
nature or the law of God."—Rev. Thomas Binney.
"'That the enactments of the Levitical law are entirely
misinterpreted, when applied in condemnation of marriage
with a deceased wife's sist,er, was the decided judgment of Mr.
Wesley, the founder of our Societies ; and I believe that
similar views have since I..)ecu entertained by many of those
among us who have been led by circumstances carefully to
examine the matter, and whose competency to judge of such
a question has given great weight to their conclusion."—Rev.
Dr. Bunting, formerly President of the Wesleyan Conference.
" The prohibitions of such marriages is, in my judgment,
sanctioned neither by Scripture, nor by physiology, nor by
expo lieney."—Rev. Renton, Kelso, Scotland.
" There was no prohibition of the wife's siater, except
during the lifetime of the Wife."—Rev. Professor Robinson,
New York.

danger could arise.. Marriage being a civil rite, they were
I bound to make that Civil rite co-extensive with the feelings of
the, country. lIC, had, therefore, come-to the donelusion that
it was his duty to support the second reading of the bill."—
Speech of the Right Hon. Sidney Herbert, M.P., 1850.
" I lave known.prObably several scores of such marriages.
I hdve counted a dozen within the last three or four minutes.
Most of these dozen belong to the highest class of society.
Due of:them is a doctor of :divinity.- Several OfL thee are
ministers of the Oi,sPel. One is a member of Congress. Am-
brose Spencer,. the eminent chief justice= of this State, died'a
few years ago. , He married two sisters of De Witt Clinton,
the'-distinguished governor of- thiS State. = The Presbyterian
Cipirelf Of this village has probably not more than 50 mem-
bers. Twp of these married sisters of their wives."—Gerrit
Smith, Esq., of the United StateS.
"In the time of Henry VIII., though Christendom was
then much divided, there was almost a general consent upon
this proposition, that the Levitical decrees do not, ,by any
la v of God, bind Christians to- their, observance."—Bishop
Jeremy Taylor.-
Natioral Testimonies from tho'Civil, Eedlesiastical, and Aca-
demical Authorities of various Foreign Countries in which
thiA Matriage is Pehnitted, not only without Injury, but
! with most desirable Consequences, and with full Approval
of all Classes of SoCiety.
..Grand Duchy of Saxe-Ooburg. ,
"From various considerations, such }marriages here have
become very common. So far are such marriages from being
contrary to public opinion, that people are, on the contrary,
inclined to consider them both natural and desirable. We
express our conviction that. there ought to exist. perfect
lib rty,between widowers and the sisters of their late wives
tip contract such marriage.'^-LGrand Duchy of Saxe-Coburg,
Ministry in Council.
• -Cirand Duchy of *Weimar.
Public.npiniou in the country of Weimar, and in the
whole Thuringia, regards such AmArriage as unobjectionable,
=a only aims at' abolishing the necessity for asking permis,
sion in each individual case, and at the-introduction of perfect
liberty.in such matters. That the Oatnc..may be, pbtained in
tngland, the land Of liberty and of order, based upon a respeCt
for the laws, is ciur sincere wish."--Clergy •nd University of
the Grand Duchy of Weimar.
Grand Duchy oi "
" The old law prohibited the marriage with the sister of a
deceased wife, except by a dispensation, which was easily
granted. The law, however, now in operation, of the Bth
March, le3o, declares such marriages as valid without dis-
pensation. Such marriages are frequent, and public opinion
thoroughly approies them ; as no one can see the reasonable-
ness of the former prohibition, placing the wife's sister in the
same category as the own sister."—Consistory of the Grand
Duchy of Oldenburg.
Grand Duchy of Saxe Weimar.

" The highest ecclesiastical authorities here approve such
marriage Without reserve. They are frequent—are almost
always happy ones--and, as far as our knowledge extends, by
no means disadvantageous to domestic life. As far as known
to us, such marriages do not appear in any way improper,
bid arc natural, and, in Many cases, even necessary, for the
well-being of a family."--,Council for Ecclesiastical Affairs,
Grand Duchy of Saxe Weimar.
_ . Brandenburg.
_ _

" It cannot be shown that marriages between a man and
the -sist3r of a deceased wife, which in these realms (Prussia)
are not infrequent nor contrary to public opinion, have pro-
duced disadvantageous consequences for domestic life,"— The
President of His Majesty's Consistory for the Province of
Brandenburg.

Wurtembuig,

" Public opinion in our country- is entirely in favour of
such marriages, and when, very lately, this subject under-
went discussion in both our Chambers, all our six dignitaries
of the Protestant Evangelical Chur3h, as well as the two of
the Roman Catholic Church, pronounced themselves in its
favour ; nor were there any voices raised by the strictly reli-
gious community (of which, thank God, there are many)
against it."—Professor Kapff, Stuttgart.
Switzerland.

'"Generally, chiefly among the Protestants, such marriages
are considered as very desirable and productive of much good
to society. It is thought that the only canton where such
marriages are prohibited will not be long before modifying
that law. As to our population, it can be affirmed that the
prohibition of such marriages no longer has its seat in the
manners and feelings of our people."—Official Report from
the Cantons of Switzerland.

" It is much to be wished that the wisdom of the Legisla
ture would interpose for the satisfaction of the subject, and
that the bishops, of .vhose liberal sentiments upen thornatter
I have no doubt, would promote a measure, which as it will
contribute- to the happinesi and security of many individuals,
so will not fail to reflect an honour on the Church as well as
the State."—Rev. Dr. Stennett, 1775.
"Are .narriagcs of this description considered in Germany
to be at all contra bones mores ?" " Not at all. So far from
being considered contra bonus mores, the feeling of the peo-
ple o Germany is uudonlitedly in favour of such marriages."
• . . "It frequently happens that a widower marries his de-
ceased wife's sister out of a pious and affectionate feeling for
his departed wife ; and the feelings of the Women of Ger-
many are so strong in favour of such marriages, that it often '
occurs that the last parting request by a wife on her death-
bed to her husband is to marry her sister in case he should
feel inclined to marry again. This arises partly from affec-
tion for her surviving husband and relations, that ho may
not become estranged from her connexions, and partly
from affection to her sister, and very frequently where
there are young children, or their sake." . . . . " Are
you are aware of any evil consequences from the celebration
of marriages of this des3riptionl"--e" None whatever. I have
spoken with several of my friends, and I have written to some
otheeseetsking then* whether they are aware that this power
of dispensation it the cause of any mortality iu families, and
their -nswer is, . None whatever! lam not at all aware of
any."—Evidence of A. Bach, Esq.
" I have never heard upon what principle of policy the law
was made prohibiting the marriage of a man with his wife's
sister, nor have I ever been able to conjecture any political
inconvenience that might have been found in such marriages,
or to conceive of any moral turpitude in them."—Dr. Benja-
min Franklin.
" Within the meaning of Leviticus, and the constant prac-
tice of the commonwealth by the Jews, a man was prohibited
not to marry his wife's sister, only during her life ; after ho
might so the text is. This perhaps is a knot not easily untied,
how the Levitical degrees are God's law in this kingdom, but
not as they.were in the commonweath of Israel, when first
given."--Ceid Justice Vaughan.
.In the Indies—if a husband has lost his wifo, ho does not
fail to marry her sister ; and this is extremely natural, for
his new consort becomes the mother of her sister's children,
and not a cruel stepmother."- Montesquieu.
" Nothing is more common in almost all the states of
America thou second marriages of this sort ; and, so far from
being doubtful as to their moral tendency, they are among us
deemed the very best sort of marriages. In my whole life,
I newt-heard the slightest suggestion against them, founded
on moral or domestic considerations."—Chief Justice Story.
" The very strongest reason for engaging in a second mar-
riage contract is, frequently, to provide a suitable female head
for a family of small children, In such cases, who is so likely
to exercise the requisite maternal care and. affection as the
sister of a deceased mother? To prohibit a marriage under
such circumstances- seems to me iuhuman.—Hon. Judge
Mason, U.S.
" I believe all restrictions up on the nuptial union, unless
founded upon the law of nature, or the express authority of
Scripture, unwise and unjust ; in • neither of which sources
have I found this interdict of inarriage with the sister of a
deceased wife."—John Quincy Adams, late President of the
United States.
" As far as I can judge, I do not believe one syllable of the
unlawfulness of this marriage under the Christian dispensa-
tion."—Chancellor Kent, New York.
" I have perused, with much pleasure, your letters on the
marriage of a man with the sister of a deceased wife, which
not only confirm me in the opinion which I had long enter-
tained, but must, methinks, satisfy every caudid mind, that
there is not even a pretence for the assertion that such a
connexion,is prohibited by the law of God." —Judge Living-
ston, 'United States. . .
"It-is not only not considered as prohibited, but it is dirs
tinctly understood- to be permitted ; and- on this point,
neither the Divine law, nor the Rabbis, nor historical Juda-
ism, leaves room for the least doubt." "In all the countries
of civilised Europe, where the law of the land offers no hie-
pedimeutemarriages of widowers with their deceased wives'
sisters very frequently take place. From thee experience
which I myself have had during the 20 years that I held the
office of Chief Rabbi, in Oldenburg and Hanover, I can affirm [l4e part of the following appeared in our impression
that the marriages in question were frequent, and that they of yesterday.]
have almost invariably proved happy. Even here, in Eng- The Board resumed its sittings to-day at 11 o'clock.
land, prior to the passing of the Marriage Act of the sth and T ladies this
6th Will. IV. such marriages frequently occurred."—Evi-
here was a much larger attendance of -
dence of Dr. Adler, the Chief Rabbi of the Jews in the i morning than on any previous occasion. That portion
British Empire. 1 of the Hall devoted to the public was much crowded,
"If the act has notoriously failed iu its operation; if these probably from a desire to see Lord Cardigan (whose case
marriages, though discountenanced by the Legislature, have was announced to be taken to-day), whose name has be-
become more numerous, not only among the lower classes, a come notorious ine connection with the celebrated but
large proportion of whom must ever remain ignorant of the unfortunate Balaklava charge.
existence of this and similar interference by law with freedom, I The business of the Court commenced with Lord
but among the cultivated, the thoughtful, the conscientious, Lucan reading his defence to the Board. He said that,
the exemplary ; if the stigma set by the law is not stamped : at ter having
tter attentively read Col. Tulloch's report, ho
by the public opinion ;if the offenders are as well received as lead come to the conclusion that it had but two objects
before, and are even respected for acting on a just view of ,
perverted by erroneous interpretation; in in view : viz ,first, not to
Scriptural texts, uphold his report, but to ex-
such case it will surely be more politic to make the law con. I cure the Commissioners - for having made it ; and,
sistent with reason, than to persevere in a fruitless endeavour ' secondly, to exonerate him (Lord Lucan) and the cavalry
to bend reason to arbitrary law, to vex and persecute where from blame. He had little; to complain of the tone,
we cannot prevent to ' curse who
mthe Lord has net cursed, manner, or spirit in reference to his conduct in this in-
and defy whom He has not defied,'"--The late Lord Chief quiry, but he was compelled to express his opinion that
Justice Denman. he hid collected the evidence which told against him,
" The while
petition from the city of London, in favour of this' that which was in his own favour was carefully
marriage, was signed by a large number of persons, and paraded before the public. He bad, moreover, the popu-
amone others, by the Lord Mayor, the Governor and Deputy
lar prejudice in his favour, and the press loud and dame-
Governor of the Bank of England, and a considerable num-
ber of the Directors of that establishment, by 59 private roux on his side, while witnesses called by him (Lord
bankers, by the Chamberlain of the city of London, by 237 Lucan) were run down and undervalued, and those of
merchants, 146 solicitors; 124 barristers, and 61 physicians. Col. Tulloch applauded and their motives upheld. If
It was his good fortune to be acquainted with a large number the manly and straightforward evidence of Sir Edmund
of the persons who signed this petition ; and ho could say Lyons had been treated in that way who could expect
from his knowledge of their characters, ers, that their opinions to escape? It was not for Col. Tulloch to appeal for
were entitled to the greatest weigh and attention."—Speech sympathy to the Court, and he (Lord Lucan) should
of Lord Overstone, 1851. not ask for it, for whatever might be the result of this
"He declared, most conscientiously, he could find no pro- extraordinary and humiliating inquiry—the first of the
hibition of this marriage in tho Holy Scriptures.. roefs.L".o—ndSopne.ech of '
kind that had ever been held on a general officer—be
Right Hon. Stuart Wortley, M.P., Recorder
•" 1 shall endeavour to show that the marriages it is sought should never fear being hereafter taunted with the re-
to legalise arc not forbidden by the Word of God ; that' they roach that he had over neglected the comfort of that
'are not contrary to the law of nature ; and that they are not brave and gallant army committed to hie charge
inconsistent with the interests of society."--Speech of Earl in .the Crimea. His lordship then adverted to the
St. Germans. - evidence of Colonel Griffiths relative to the alleged
- "He was sincerely favourable to the object of the Mar- differences between them. Colonel Griffiths did not
riages Bill."—'Speech of the Earl of Ellenborougb. ' remember much of what occurred at the time he alluded
' In 1835 a most important statute was Passed by that
House under somewhat peculiar circumstances, and he might moved ten times,. whereas Major Connolly
to, ft. nd that not very correctly. He had 1 tat2tl tbat his
also say of haste and want of due deliberation, materially
.regiment was move.
affecting a portion of the marriage laws of this country. la Col. Griffiths for this mistake, for ~
bat. stated it was not moved more than seven times. He
this case the voice of Heaven was silent, and that of man bad might perhaps excuse
been given with a hesitation and confusion of utterance that be could easily understand how much more serious it '
deprived it of its due authority."-=`,ipeech of Lord Francis was for Col. Griffiths; to move than for any other officer,
Egerton (now Earl of Ellesmere),
1512.! . in the Ffonse of Ninmetm, in consequence of the difficulty of carrying about with
him, his. own well-regulated domestic and culinary esta-
‘:‘ Thopo who call themselves the friends of civil and roll- blisliment. (Laughter.) He denied that he had over
gibes -liberty ought to support a measure that sought tee get been guilty of milk:mess to Col. Griffiths in the interview
rid-of one'of the most serious iuterfcrences with social liberty
that existed under the English laws."_Speech 'or Viscount alluded to, or that lie had done anything to discourage
' or deter. him ,;.but that, on the contrary,. be did every-
Brdekley; '
thing is his power to urge:him and other officers to pro-
" Sep ng that it wag not against the law of GO&—Seeing the
great social evils which arose from the restriction, -sad believ- vide every pessible shelter- for cavalry, and that
by the
ing that there was no comparison between the s 'cialadVatt-.
tages and the social disadvantages arising from this cause, he coneequently tae
iin.fGer:inffictehs. was,,aaen
dt unfairlyw s both
o th drawnun
Conmasioner,s with refeten o tho altercations
He (Lord Luean) did not
e o
recollectur t e ous
be-
should give the measure his cheerful assent,"_—Speech of tween him and 0
Earl of Arundeb'and Surrey. , , and groundless.
f' AoCially. speaking, if a case was made out that 'morality positively what dici occur between' them,
~. . -
would be endangered by the billethat would boa -
.for lected Col; Griffiths Visiting him olio morning, as was
.. reason.
_. _
Fejqgt4l 4; lil4 114114 ;Wt Ucncl it CiWilialicd that Ruch two,' with the officer 'f tly 4Piy, to receive" ii 4 orders

Russia.

.
`' These marriages were formerly permitted only by dispen-
sation; but by a law of 1832 for the Evangelical Lutheran
Church of Russia, they are perfectly free to parties contract-
ing them. Such marriages are indeed frequent, particularly
among the rural population, where members of families are
more thrown together. It is more than mere supposition that
such marriages are happy ones. - Experience has net shown
any evil consequences to domestic life from such marriages ;
at least, such has not become known. Public opinion in this
country is more for than against such marriages."—lmperial
UniverSity of Dorpat, Russia.
Grand Duchy of Mecklenburg-Strelitz.
"Public opinion, which feels no scruples of any kind as to
such marriages, approves of them most particularly when
there are young children of a first marriage, as giving them in
the sister of their late mother a second loving mother. The
permission of such marriages has, with us, been productive in
no way of evil consequences."— Consistory Court of the Grand
Duchy of Meeklenliurg-Strelitz.
Marriage with a deceased wife's sister is not known to have
been prohibited in any age or country before the fourth cen-
tury of the Christian era, at which period the churches had
-
widely departed from the simplicity of earlier times. The
most exaggerated nel,ions were entertained respecting mar-
riage and celibacy, and, influenced by the doctrines otthe
ascetic Basil, Bishop of New Caesarea, the Greek Church,
without scriptural warrant, prohibited marriages of consan-
guinity, of affinity, aura even of spiritual affinity, to the seventh
degree.
At the present day these marriages may be lawfully cele-
brated in the following countries, each of which has an inde-
pendent jurisdiction in the matter, and the united popula-
tions of which amount to more than 700,000,000, viz.—
In the Empires of .axe-MentngEn Indiana
Austria Anhalt-Dessau Illinois
Russia (tor the Luthe- Saxe-Altenburg Missouri
rims and Catholles tbkalt•Bernberg, and Florida
France Anhalt-Coethen Texas •
Brazil In the Landgraviate (,1 [ova
Turkey Hesse-Homburg Wlsconsln
Morocco, and In the Princii-talitiesof California
China Lippe-Dettnold New Granada
In the kingdoms of Reuss-Greitz Chid, and
Prussia Reuss-Schleitz Peru
Spain Schwarzburg-Sou- In the Republican
Portugal denhawen Swiss Cantons of
Sardinia -Schwarzburg-Rudol- Perim (Jura)
Naples. stadt Lucerne
Sicily Pyrinont, and Uri
I Ituntary . Waldeck Schw ii z
Holland In the Republican unterwidden
Sw den States of Glaris
'Norway - ' !Wain° • • Ztg
Denmark , New Hampsh‘re Friburg •
Belgium • Vermont Appsitzell
Bavaria Massachusetts St Gill
Wir ember"; Rhode Island ' Grisons
Hanover, and Comm- tient Vale's
Saxony New York Tessin
In the Grand Duchies New Jersey Soleure
of Pennsylvania Basle
De'aware Argerie
Maryland Thurgovie
Virginia Neuchatel
North Carolina 01en ,va
'outh Carolina Zurich, and
Georgia ,eltalThausai
Alkali-aim In the Free Hanseatic
Mississippi Towns of
Louisiana Bremen and
Arkansas Lubeck
Tenne,see And in the Free Cities
Kentucky
Ohio
Michigan

Baden
Luxemburg
lles%l-Darmstadt
Saxe-Weimar.
Oldenburg •
Mecklenburg-Schwe.

rin. and
Mecklenburg-Strelltz
In the Electorate of
Ileme-Cassel
In the Duchies of
Saxe Coburg
Brunswick
Holstein
Nassau

Hamburg an 1
Frankfort

Great Britain is the only country in the world in which
such mariages arc totally prohibited to persons of all religious
denominations.

Numerous other testimonies might bo adduced from almost
every country in the world, affording conclusive evidence
that the judgment, of all civilised and Christian nations is
avourable to the free permission of this marriage.

THE MILITARY BOARD OF INQUIRY.