The Sun.
London, England, 1860-06-05 00:00:00

THE SUN, LONDON; TUESDAY EVENING, JUNE 5, 1t560.

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--LAW INTELLIGENOE.--(THLY DAY.)

COURT OF DIVORCE.

(Before Sir C. Cresswell, Mr. Baron Martin, and Mr.
Justice Willes.)
MATHEWS V. MATHEWS.

This suit was instituted by the wife for a judicial separa-
tion on the ground of her husband's cruelty, and the re-
spondent entered an appearance. The case was tried be-
fore the Judge Ordinary, who dismissed the petition, and
an appeal was made from his decree to the full Court.
Sir C. Cresswell read the notes of the evidence, and ac•
cording to the statement of the petitioner, she was married
to the respondent in 1845. They were in the grocery
business at Bratsford, and continued to cohabit until Octo-
ber, 1853, when a deed of separation was executed, after
which they lived apart, and the respondent enlisted in the
Coldstream Guards, while the petitioner supported herself
and family by her own exertions. During their co-habitation
the respondent, who was very intemperate, was in the
habit of ill -treating the petitioner, who conducted the busi-
ness herself, and amongst the acts to which she swore were
pulling her out of bed, pinching her, knocking her down,
striking her with a poker, threatening to blow up the house
with gunpowder, and some of these acts were oommitted
while she was in a state of pregnancy. She added that she
suffered so severely from his violence on several occasions
that she required medical treatment, and was laid up for
some weeks.

This statement was in part supported by corroborative
evidence, and witnesses were examined also on the other
side en behalf of the respondent, who denied the cruelty
alleged. On his part it was contended that, according to
the practice of the old Ecclesiastical Court, whose jurisdic-
tion the present court inherited, the petitioner having sepa-
rated from her husband under the power of a deed, and
having since lived apart from him, as well as having per-
mitted so long a time to elapse before instituting proceed
ings, she was not entitled to the relief for which she prayed.
Dr. Phillimore, Q.C., with whom was Mr. Prentice, was
heard this morning in support of the appeal, and Dr.
Spinks and Mr, Field on the other side.

The court confirmed the decree of the Judge-Ordinary,
both with reference to the evidence and the legal points.

POLICE INTELLIGENCE-(THIS DAY.)

MARLBOROUGH•• STREET.

ROBBERY BY A. LAW STUDENT.—Thomas Page, a re-
spectable-looking young man, described as a law student,
and giving his address 16, Weymouth-street, Portland-
place, was charged before Mr. Beadon with stealing an
umbrella of the value of £1 6s. 6d., the property of Mr.
Charles Weeks, umbrella maker, &c., Piccadilly, No. 202.
, George Hazlehurst, shopman to Mr. Weeks, said that on
Saturday afternoon, at a quarter to five, the prisoner and
another gentleman came into his employer's shop and asked
if Mr. Weeks was at home, and on being answered in the
negative, asked to see some umbrellas of various prices.
He showed them the ono produced and four others. The
prisoner selected one, and his companion another, and
the prisoner having written his address, asked that the
umbrellas might be sent in half an hour, but afterwards
said he would take his with him. He (witness) told him
that he could not allow that without making inquiries, and
on his return from doing so the prisoner and his companion
had absconded, taking with them an umbrella. The pri-
soner had given his address Maddox street, but on making
inquiries prisoner was not known there. Meeting the pri •
soner that morning in the Haymarket he gave him into
custody.

With the view of making inquiries as to the prisoner,
Mr. Beadon remanded him for a week, refusing to take
bail.

ASCOT RACES.—(This Day.)

[BY ELECTRIC TELEGRAPH.]
THE TRIAL STAKES.

Cock-a-Hoop 1
Rouge Dragon
Maid of Peru
Twenty-two ran.
EIGHTH TRIENNIAL STAKES.

Mouravieff
St. Clarence 2
May Morning .

CAPTURE OF SLAVERS.

Intelligence had reached the Navy Department
of the capture of the slaver William of Baltimore
by the United States' cruiser Wyandotte, off the.
Isle of Pines. She was under American colours:
when seized, and had 570 negroes on board. When
she left the Congo River the number was 744. She
had been in communication with the land, and at
the time of her capture a Spanish Custom-house
officer was on board. The negroes were all young,
but greatly emaciated. They were to be landed at
Key West, where a number of other liberated slaves
were being kept. It was reported that a Spanish
cruiser had also captured a slaver near the Isle of
Pines. The authorities at New York had seized a
vessel called the Cora, her cargo and fittings
having led to the suspicion that she was intended
for the slave trade. In reference to such captares
as the above, President Buchanan had thought it
necessary to send the following message to Con-
gress :

"T• THE SENATE AND HOUSE OF REPRESENTATIVES.
" On the 26th day of April last Lieut. Craven, of
the United States steamer Mohawk, captured the
slaver Wildfire, on the coast of Cuba, with 507
African negroes on board. The prize was brought
into Key West on the 30th of April, and the negroes
were delivered into the custody of Fernando J.
Moreno, Marshal of the Southern District of
Florida.
" The question which now demands immediate
decision is, what disposition shall be made of these
Africans ? In the annual message to Congress of
Dec. 6, 1858, I expressed my opinion in regard to
the construction of the Act of March 3, 1819, ' in
addition to the Acts prohibiting the slave trade,' so
far as the same is applicable to the present case.
From this I make the following extract :
" Under the second section of this Act the Pre-
sident is authorised to make such regulations and
arrangements as he may deem expedient for the
safe keeping, support, and removal beyond the limits
of the United States of all such negroes, mulattoes,
or persons of colour captured by vessels of the
United States, as may be delivered to the marshal
of the district into which they are brought, and
to appoint a person or persons residing upon the
coast of Africa as agent or agents for receiving the
negroes, mulattoes, or persons of colour delivered
from on board vessels seized in the prosecution of
the slave trade by commanders of the United States'
armed vessels."'

" Mr. Monroe, in his special message of Dec. 17,
1819, at the first session after the Act was passed,
announced to Congress what, in his opinion, was
its true construction. He believed it to be his duty
under it to follow these unfortunates into Africa,
and make provision for them there until they should
be able to provide for themselves.
" Adopting this construction of President Mon-
roe, I entered an agreement with the Colonisation
Society, dated Sept. 7, 1858, to receive the Africans
who had been captured on the slaver Echo from the
agent of the United States in Liberia ; to furnish
them during the period of one year thereafter with
comfortable shelter, clothing, and provisions, and
to cause them to be instructed in the arts of civilised
life suitable to their condition, at the rate of 150
dols. for each individual. It was believed that
within that period they would be prepared to be-
come citizens of Liberia, and to take oare of them-
selves. As Congress was not then in session, and as
there was no outstanding appropriation applicable
to this purpose, the Society were obliged to depend
for payment on the future action of that body. I
recommended this appropriation, and 75,000 dols.
were granted by the Act of the 3d of March, 1859
(the Consular and Diplomatic Bill), to enable the
President of the United States to carry into effect
the act of Congress of the 3d of March, 1819, and
any subsequent Acts now in force for the suppres-
sion of the slave trade,'

" Of this appropriation there remains unexpended
the sum of twenty-four thousand three hundred and
fifty dollars and ninety cents. (24,350 dols. 90c.),
after deducting from it an advance made by the
Secretary of the Interior out of the judiciary fund
of eleven thousand three hundred and forty-eight
dollars and ten cents. (11,348 dols. 10c.)
" I regret to say that, under the mode adopted in
regard to the Africans captured on board the Echo,
the expense will be large ; but this seems to a great
extent to be inevitable, without a violation of the
laws of humanity. The expenditure upon this scale
for those captured on board the Wildfire will not
be less than 100,000 dols., and may considerably
exceed that sum. Still it ought to be observed that,
during the period when the Government itself,
through its own agents, undertook the task of pro-
viding for captured negroes in Africa, the cost per
head was much greater than that which I agreed
"But it will not be sufficient for Comgress to limit
the amount appropriated to the case of the Wild-
fire. It is probable, judging from the increased
activity of the slave trade and the vigilance of our
cruisers, that several similar captures may be made
before the end of the year. An appropriation ought
therefore to be granted, large enough to cover such
contingencies.

" The period has arrived when it is indispensable
to provide some specific legislation for the guidance
of the Executive on this subject. With this view,
I would suggest that Congress might authorise the
President to enter into a general agreement with
the Colonisation Society, binding them to receive
on the Coast of Africa from our agent there all
the captured Africans who may be delivered to
him, and to maintain them for a limited period,
upon such terms and conditions as may combine
humanity towards these unfortunates with a just
economy. This would obviate the necessity of mak•
ing a new bargain with every new capture, and
would prevent delay and avoid expense in the dis-
position of the captured. The law might then pro-
vide that, in all cases where this may be practic-
able, the captor should carry the negroes directly
to Africa, and deliver them to the American agent
there, afterwards bringing the captured vessel to
the United States for adjudication.
" The capturing officer, in case he should bring
his prize directly to the United States, ought to be
required to land the negroes in some one or more
ports to be designated by Congress, where the pre-
vailing health throughout the year is good. At
these ports cheap but permanent accommodations
might be provided for the negroes until they could
be sent away, without incurring the expense of
erecting such accommodations at every port where
the capturing officer may think proper to enter.
On the present occasion these negroes have been
brought to Key West, and, according to the esti-
mate presented by the Marshal of the Southern
District of Florida to the Secretary of the Interior,
the cost of providing temporary quarters for them
will be 2,500 dols., and the aggregate expenses for
the single month of May will amount to 12,900 dols.
But this is far from being the worst evil. Within
a few weeks the yellow fever will most probably
prevail at Key West, and hence the Marshal urges
their removal from their present quarters at an early
day, which must be done in any event as soon as
practicable. For these reasons [ earnestly com-
mend this subject to the immediate attention of
Congress.
" It is truly lamentable that Great Britain and
tho United States should be obliged to 0..E...10.0b.
a vast amount of blood and treasure for the sup-
pression of the African slave trade, and this when
the only portions of th© civilised world where it is
tolerated and encouraged are the Spanish islands of
Cuba and Porto Rico.

" JAMES BUCHANAN.
" Washington, May 19, 1860."

THIS DAY'S MARKETS.