The Sun.
London, England, 1804-08-01 00:00:00

of the cases of this misfortune either 011 the one
side or the other, bcc,,,l3e los duty was to
tend to dispute between the husband' and
wife no further than it 'night be material for
him to in. it with reference to sti'much
Of the prayer of this Petition as regarded the
carrying the wife oot of the Country, and to
so much of it as regarded the interest of this
Want. His Lordship said, he could not help stat-
ing that his mind was extremely struck with the
manner in which Mr. BELL had put it to him to
consider what he ought to do, regard being had
to this as a case in which the parties arc represent-
ed to be struggling, with-reference to this objed..
It is strongly represented, that .Mrs. Crompton,
the mother, particularly, and Mrs. De IVlanne-
ville, the wife, were struggling to compel a se-
paration, and a lasting separation, between Mr.
and Mrs. De Manneville ; and, on the other hand,
it 114 been represented,
,that Mr. De Manne-
ville had been endeavouring, by what- they call.
ed cruelty, not to produce a separation, but
for the purpose of getting hold of the pro.
perry which the Marriage settlement had been
so extremely careful to withdraw from his hands ;
and what Mr. BELL said was extremely true, that
this Court of. Chancery must find itself in very
great difficulties when it was called upon to consi-
der, whether the conduCt either of a husband or a"
wife- was such as would justify an actual separation.
And the fad of an :distal separation ought to be in
proof ,before this Court ; and by the Law of this
Country, the contra& of marriage was entered into.
for better and fo worse, and was indissoluble in io
stricter sense than Mr. BILL. stated it, In this case
retching liut an At of Parliament coeld produce a
separation a vincula matrimotti-." If a certain case
could even be 'made out, the Ecclesiastical Court
could only produce a separation a mensa et "thyr9.
• His Lordship observed, he had no authority to
bring Mrs. De Manneville home to her hosband,
but he had a power of bringing her hoMe, either
by a Habeas Corpus in the Djutt of King's Bench,
or by instituting a suit for the restoration of con.
jogai rights. Whatever I may feel, said his Lord-
ship, as an individual, in relation to Mr. and Mrs.
De Manneville,l am bound to eonsidet Mrs.' De
Manneville as living in circumstances in which the
law will not permit her to live ; and it comet then
, to be a very material consideration, when one of the
()Netts of this Petition is to take- this child
out of the custody of the father, and to' place it in
the custody of the mother ; I am not at liberty.—
The mother is not living with the father accord.
ing to the obligations she voluntatily imposed-on
herself at the altar of God by her marriage eon-
trad, and which obligation I am bound to- con.'
sister as still existing ; and when I am considering
the prayer of this Petition,: to., take the child out of
the custody of the father,' I am to recollea: that
this is an application made to the Court by a wife
living in .an inftual .unautOriaed separation from
her husband. - I cannot consider this but as a titila.
_ration which is not permittedyy the:law. I.a this
view of the subject nine.tenths of the Affidavits are
Irrelevant. Hit Lordship next adverted. to Mr.
De Mannevillett political and' religious principles,
as stated in the Petition : with resped to his poll.
heal principles, in answer to the charge in tee
Petition, there had been given very respsetalde
testimony, unquestionably, that he' was in the best
sense of the 'word, a French Royalist, " A -thilid
person had intermeddled more than ought to'have
been done in family affairs. No M
anwould g'
farther than he in saying, that the Alien,Ad had
been most improperly and, Unconstitutionally' ap.
plied whert it was made the instrument of Magioratos
intermeddling in family concerns, in aff.iirs which
related merely to family disputes ; and his Lord..
ship admitted, as well as Mt. ROMMLY, what had
-been assetted,by Mr. RIC liAlt DS, that Jacobinical
principles Were' sometimes applied to aloe; who tie.
served a better and a very different
..natue. ills
Lordship observed,. that it was his duty to.look at
this Gentlemae's political and_religious principles
in no other view than to calculate what ffiigh!
be the conseqeence. of such political condud in the
probability of this infant being Jett or not being
left in this country.
Lordship, said, there had been in.this case a
great variety of Affidavits, with regard to the par.
ticular circumstances that took .place when this
child was taken the first and second time out of
the custody of its father. The number.and length
of those. Affidavits were extremely oppressive to
those, who were parties to the administratibn of
justice, and .he wished he could make some third
person. defray all the expense of them. Nine-
tenths of them were foreign td this application.
His Lordship said, the single question before him
was to decide what Was to be done with the person
of this child ? It was no part of his 'duty to say
whether there was a greater or a less degree of
guilt on the one side or the Other, or whether any
of the parties were innocent : he had nothing to
do with that; much less did it fall within his pro.
Vince to say how far this Gentleman was or was
not an Alien that ought to be left to those whose
Istisiness it was tOatiCnd to such matters. But, to'
do hint justice, it was impossible to deny that the
Affidaviti brought forward were very strong testi—
moniee in favour of Mr. De Mannevilles combine
as a peaceable person at least, living under the
protection of this Country. But he. had nothing
to do:With that, excifitt as it mighi have more or
less ii,fluence on the fete of this infant, except in
sts far as it might be conneded with a greater or
lest'probability that this child might be some time
carried out of the Country. His Lordship observed,
that an 'extreme degree of jealousy pervaded every.
part of the marriage settlement between these par.
ties: nothing'Was left to the honoUr, geperositY,
;led good twos; of the Gentlemao o but T the .Lady
had bound him with potchotent, 'hand and loot.
ills Lordship said, there was .one circumstance
that ought by no means to be oVerrinked in this
case; aid: that was, that this Gentleman was are
Alien, born in a Country which, -at this moment,
Was in a state of hostility with Greet
Britain--
that wawa ciroumetance of great weighit': t Crtlftitkr.
frig What the Cind of his return ou Fr;,.,6e,
as ' have on' his individual'character,bound tip in

• The Autbor proves' him Self to be a great and grad
man, and we heartily cori'gratulate liim and his let.
I:0w creatures, that he flab thus submitted "the re:mrtt
rthirty j'ears oLetvation and experience for the
benefit of inatkind;

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