The Sun.
London, England, 1856-05-16 00:00:00

MARRIAGE WITH A DECEASED WIFE'S

SISTER.

TO THE EDITOR OF THE SIIN.
SlR,—The Committee of the Marriage Law Reform
Association are desirous, through your columns, of con-
gratulating their supporters on the result of the recent
debate on the Marriages Bill in the House of Lords, the
majority against the Bill having in 1851, been 34, in a
house of 98, including pairs ; and in 1856, only 19, in a
house of 141. On the recent division, 61 Peersrecorded

their advocacy of the measure.
Confirmed by every fresh discussion in their conviction
of the justice of their cause and its firm hold on the public
mind, and encouraged by the good wishes of a large por-
tion of the clergy of the metropolis, they assure their
supporters of their determination not to relax in their
efforts to obtain for all marriages with a deceased wife's
sister the validity which with the consent of the Bishops
was accorded to those contracted previously to 1835 ; a
consent which has convinced the people of this country
that such marriages are not contrary to God's word.
As they continue to receive numerous applications
from persons desirous of contractinz such marriages, in
countries where they are lawful, they again refer to the
following judicial opinion by Lord Stowell :—"English
decisions have established this rule, that a foreign mar-
riage, good according to the law of the place where ce-
lebrated, is good everywhere else."
They refer also with satisfaction to the recent deci-
sion of Lord Ardmillan in the Scottish Court of Session,
by which the nephew of Sir T. Livingstone, whose father
had married his wife's sister, in England, inherits his
paternal property in Scotland ; the judge accompanying
his decision by a distinct expression of opinion that mar-
riage with a deceased wife's sister is not contrary to
Scripture, or to the statute law of Scotland.
They take this opportunity of directing attention to
certain inaccurate statements reported to have been
made during the recent debate.

The Bishop of Oxford quoted Liguori as asserting, and
the Church of Rome as sanctioning and adopting, the
doctrine, that the Pope might dispense, in matrimonial
prohibitions, with the law of God. Liguori, indeed, re-
fers to that doctrine, but only to condemn it, thus show-
ing that, by granting dispensations for the marriages
now under consideration, the Church of Rome did not
regard them as forbidden by the law of God. Liguori's
words are—" Qomritur, an Papa possit aliquando dis
pensare in impedimentis de jure divino ?" " Triplex est
sententia." " Tertia senteutia demum communior, et
probabilior dicit, nunquarn posse Papain dispensare in
its (pie sunt de absoluto jure divino."
In connest'on with the sul-ject of dispensation, it is
worthy of notice that the Bench of Bishops gave their
sanction to the act of 1835, which operated as a dispen-
sation to all previous marriages of affinity ; and as it
cannot be pretended that the Bishops claim an authority
not conceded to the Pope, of dispensing with the law of
God, the conclusion is irresistible, that the marriages the
Legislature then had in view were not held to be pro-
hibited jure divino.

The Bishop is also reported to have asserted that the
marriage of cousins was not forbidden till the time of St.
Augustine. As it was forbidden in the, canons called
apostolical, side by side with marriage with a wife's
sister, and with the marriage of the clergy, the bishop
would appear to concede that these oft quoted canons
are not assignable to a period earlier than the fifth
century.
Lord Campbell is reported to have declared, as of his
own know:edge, that the feeling of the people of this
country was against the measure before the house. To
this the committee will only reply that nearly 2,000
clergymen of the Established Church, including 412
clergymen of the metropolis, and more than 250 Irish
clergymen, have advocated the repeal of the existing
law ; while the petitions of the laity show above 700,000
signatures in favour of au alteration of the law, and less
than 65,000 signatures against it.
The Bishop of Exeter asserted, upon the authority of a
canjectura: statement in the report of the commissioners
on the law of marriage, that suoh marriages were lawful
in only one canton of Switzerland ; the correct statement
being, that in 20 cantons and half a canton the marriage
is permitted, while it is prohibited only in the canton of
Vaud, and half the canton of Berne.
The Committee also think it necessary to state that
the condemnatory language used by Lord Thurlew, and
quoted by the Bishop of Exeter, did not in any way re-
fer to marriage with a deceased wife's sister.
They strongly urge their friends to promote, on all
suitable occasions, temperate.discussion on the subject,
that having been hitherto the chief means of the gradual
but steady progress of their cause, as it doubtless will be,
at no distant period, the means of its ultimate success.—
I have the honour to be, sir, your obedient servant,
JOSEPH' STANSBURY, M.A., Hon. Sec.
Committee-room, 26, Parliament•st., May 5, 1856.

HER MAJESTY'S THEATRE.—The aspect of this house
last night gave every indication of a solid prosperity.
Though of oourse there was not the excitement of Satur-
day, when all the world seemed inspired with the cere-
mony of r.i-opening the old establishment all the boxes
were filled, and the stalls and pit looked closely packed
and substantial. In fact, the ancient custom of opera-
going seems t) be revived as a matter of course, and the
claSses settle down in their wonted place of resort as by
a law of nature.
A model of a newly-invented train for the Emperor
of the French was tried on Monday on the railway line
between Paris and Tours. It consists of 5 carriages,
communicating with each other by a gallery. There is a
drawing room and bedroom—in fact a complete apparte-
meat. Another new carriage, for sick people, was also
tried. It contains 8 beds. A ticket, with the use of a
bed, will only cost double the ordinary fare.
ROYAL.' ITALIAN OPERA, LYCEUM THEATRE.—Their
Royal Highnesses the Duchess of Cambridge and the
Princess Mary honoured the performance of the Royal
Italian Opera with their presence last evening. Their
royal highnesses occupied the Queen's box, and wer:
accompanied by Viscount and Viscountess Newport and
Lady Caroline Cast. His Royal Highness the Duke of
Cambridge also honoured the theatre with his presence.
The house was crowded with fashionable company.
The following distinguished persons have witnessed
the Oriental Museum, the Dioramic Tour, &c., &c., at
the Great Globe, Leicester-square :—The Bishop of St.
Asaph, Lady onsonby and party, L lily Horn, Lor t
and Lady Norbury, Sir Richard Westnnacott, Sir Wm
Woraley, General Sir Char:es Leigh, Major Morley and
lady, Hon. Mr. Byng and friends.
DINNER TO HER MAJESTY'S JUDGES AT THE MANSION
HOUSE.—The banquet proposed to be given by the Lord
ktayor and the Lady Mayoress, on Tuesday, the 27th
inst., to her Majesty's judges and the members of the
bar, is unavoidably postponed till the following day.
TESTIMONIAL TO DR. HASSALL.—Yesterday the cere-
mony of presenting a testimonial to Dr. Hassall, in re-
cognition of the benefits which he has conferred on the
community by his scientific labours in connection with
the subject of adulteration, took place at a public dinner
at the Freemasons' Hall, at which Lord William Len
nox presided, in the absence of Viscount Ebrington
M.P., who was prevented from attending by sudden in..
disposition. About 100 gentlemen, comprising, noblen
men, members of parliament, and others eminent i
so!euce and literature, were present on the occasion
aniongst others, the following :—Mr. Oliveria, M.P.'
Sir Thomas Tancred, Mr. Wakley, Admiral Duntze
Major Sibthorp, M.P. Mr. Thwaites, the Pre-ident
the Board of Works Dr. Farr, F.R.S., Mr. Taxford
Mr. Harvey, Mr. Hancock,i Dr. Bennet, Dr. Waller
Lewis, Rev. R. S. Daniells, Dr. Barnes, and many
others.

MELANCHOLY SIIICIDE.-Mr. Charles Russell, deputy
chairman of the Albion Life-office, and late chairman
of the Great Western Railway, committed suicide yes
terday. Shortly after 6 o'clock in the morning his ser-
vant, on entering his room, found him lying on his bed,
in his dressing-gown, unconscious, and with two pistol.
by his side. Mr. M`Oscar, surgeon, of Tyler-street, and
Dr. King, of Savile-row, were in immediate attendance,
And found him bleeding from his nose and mouth, and
breathing heavily. One of the pistols had misfired, but
the hall of the other had entered the roof of the mouth,
and lodged in the brain, wounding in the passaae, some
of its bicod vessels. Ile wound he had inflicted upon
iiimself was at once pronounced to he mortal ; still he
hingered on until 2 o'clock in the afternoon. The Rev.
Whitworth Russell, Inspector of Prisons, who also died
:by his own bands, was Mr. Charles Russell's brother,
THE LATE SIR CHARLES HOTHA.N. —Yesterday ap.
peared an official copy of the despatch written by the
Late Sir C. Ilotham to the late Sir W. Molesworth (the
Colonial Secretary), enclosing his speech at the opening
A of the Legislative Council of Victoria, on the 23d of
Nov., 1855, with the address to it. To this is appended
a copy of the despatch announcing the death of Sir C.
,!totham, and the account of the funeral follows. It is
le ,elancholy to be reminded by these papers that within a
b: rief interval two such men as Sir W. Molesworth and
S. it C. llotham should both have been removed by death,
at id their valuable services lost for ever to the colonies of
Q reat Britain,