The Sun.
London, England, 1859-02-23 00:00:00

THE LAW OF MARRIAGE.

Yesterday morning a large and influential depu-
tation 'waited upon the Lord Bishop of London, at .
'London House, St. James's-square, to represent to.
his lordship the great social•and moral evils resul+,
ing from the present state of the law which renders
invalid marriage with a deceased wife's sister, and
to solicit his lordship to support Lord Bury's bill
for legalising these marriages when it shall come
before the House of Lords.
Lord BURY, in introducing the subject, said that
the measure he advocated had repeatedly passed
the Commons, but had been rejected in the Upper
House in consequence, principally, of the objections
urged against it by the episcopal bench. The .
Bishop of London had never voted on the question, ,
the only bishops who had 'voted for it having been.
the Bishop of Ripon and the Bishop of Bath and.
Wells ; but he trusted that his lordship would be
prepared to join those right rev. prelates, and that
on further examination of the subject the objections
hitherto urged against the measure would disap-.
pear. Indeed, he thought he might say that the,
scriptural argument against permitting these mar-
riages was generally abandoned, as well as that
derived from their long-continued canonical prohi-
bition. The only point worthy of serious conside-
ration was the social aspect of the question. It
was said that if the law were altered a widower
could not with propriety have the sister of his late •
wife residing under his roof, and taking the charge
of her sister's children. He saw no reason why, in
the class of society to which the argument referred,
such an arrangement might not, even under the
altered state of the law, with propriety be con-
tinued; but, even if that were not the case, it
seemed acting on rather a selfish principle to place
a lady under the condition of remaining to the end.
of her life unmarried, to condemn her, in fact, to
perpetual celibacy, in order that she might devote
herself to the children of another. No doubt, the
higher classes could regulate their domestic concerns
under either state of the law, but it was among the
poor that the principal difficulty arose. From the con-
finednature of the dwellings of the poor they were of
necessity thrown into such intimate intercourse
that, taking human nature and human feelings as
they practically existed, the inevitable result of the
residence of the wife's sister was that the parties
lived together as man and wife, either with or
without marriage. It was admitted that the ex-
tent of this evil was very great, and that it was
continually increasing, and so long as the present
law existed it would continue to increase ; and he
thought that no amount of what might be called
domestic convenience to the upper classes, even
giving to that consideration the fullest weight
which could be claimed for it, would justify the
Legislature in inflicting such an amount of evil
upon the community at large. Having touched
upon the three principal objections alleged against
the measure, he would not enter more deeply into
the subject, but rest confident that after what might
be advanced by other gentlemen present the ques-
tion would receive the enlightened consideration of
the right rev. prelate.
Mr, M. MILNEs referred to the distinction which
exists between consanguinity and affinity, the for-
mer being pl iinly forbidden in Scripture and con-
demned by all mankind, while the restrictions im-
posed upon the latter had always been regarded as
governed by considerations of social expediency and
public policy. The manifestations of public opinion
in favour of the alteration of the law had been most
earnest and general, opposition to it being now the
exception rather than the rule. In the borough
which he had the honour to represent the petition
in favour of the measure was signed by every one
of the clergy, and he had not the least doubt that
the vastly preponderating feeling of the community
called for the amendment of the law.
Mr. SCHNEIDER, in answer to the inquiry why
the niece and other relations of the wife were not
included, said that in the present state of things
among us no urgent necessity existed for extending
the change of the law to the wife's niece or other
relatives. The cases of other marriages were com-
paratively quite insignificant, and, under those cir-
cumstances, it was thought unwise to complicate
the question by including any case, however proper
in itself, for which the public mind was not fully
prepared ; and, regarding the subject practically,
it was not the wife's niece, but her sister, who came
to take charge of the widower's household and his
motherless children. No law could prevent this
residence or ;guard against feelings of affection
springing up between two persons so situated; but
as the law at present stood two persons were
driven to the alternative of breaking the law or
being made unhappy for life ; they must choose
between separation and the commission of sin. To
say that if the law were altered persons in this re-
lation could not live together virtuously was a libel
upon the, men and women of England, and imputed
to them a state of lawless depravity which it was
truly horrible to think of, and which had no exist-
ence in fact. It was worthy of most serious
consideration that, although before the year 1835
these marriages had been virtually permitted for
300 years, none of the social evils so much dreaded
were found to have shown themselves. Mr.
Malins; M.P., who had been concerned in the
case of Brook v. Brook," had searched the records
of the various ecclesiastical courts for cases of
the dissolution of these marriages, and had found
only eight or nine cases in some 150 years. In
fact it was found that they were only attacked
when it suited the pecuniary interest of the next
heir to invalidate the marriage.
Mr. AKROYD observed that the whole of the
parochial clergy among his constituency were
favourable to the bill, having had an opportunity
of observing -the disadvantageous effects of the pre-
sent state of the law. This was also the case with
o that learned and devoted clergyman, Dr. Hook,
late vicar of Leeds, and now very deservedly
elevated to the Deanery of Chichester, who had
been at first disposed to continue the present pro-
hibition, but whose experience as the clergyman of
a most extensive parish had convinced him that it
was absolutely necessary for the welfare of the
poor that the law should be altered. It was found
that the poor, being told by their clergymen that
the law of God did not forbid, married the sisters
of their deceased wives, as being the best mothers to
their children. There was another point, too, which
demanded to be set right, and that was the great in-
equality and injustice of Lord Lyndhurst's Act, in
making valid the marriage of a noble .duke,
and at the same time declaring 'void exactly similar
marriages among the poor, and this with the sanc-
tion of the episcopal bench. This was reasonably
felt to be a great hardship. Lord Lyndhurst had
stated in the debate on the' Marriages Bill in 1858
that in introducing his bill in 1835 it was not his in-
tention to render these marriages void for the future.
Mr. SPOONER stated that the clergy his con-
stituency found, in practice, that it was quite im-
possible to prevent these marriages among the poor.
Persons coming to be married stated that there was
no impediment, and, as it was not in the power of
the clergy to investigate each particular case, they
were married, and although it was no doubt true
that the majority lived tog ether faithfully and
e
honourably, yet it was quit
possible,oinstances
did
and
did occur in which the man took advantage of the
law and deserted his wife and t
children. He thought
to
it must always be dangerousofentact a law against
y
the feelings of the great bod
soniale people ; and,
while he admitted that some d
they the
disadvantages
would exist, he was convince
exaggerated; and would be found
very smaellenin' indueeeild
in comparison with those evils which it was sought
to remedy.
The Bishop of LONDON desired to understand
precisely the, ecclesiastical bearings of the bill, and
how it would affect the canons and the clergy,
Lord BURY and other gentlemen explained that
the bill had been drawn under the kind and able
superintendence of Mr. Gladstone, and was designed
to keep clear of any interference with the privi-
leges of the Church. The marriage would in every
case be a civil contract before the registrar, after
which, it being then a lawful marriage, it would be
competent to any clergyman who slight be willing,
under the.provisions of the acts cited, to add the
benediction of the Church to the marriage so cele-
brated. The -marriages would be precisely in the
same situation as the marriages of Dissenters. The
provision that these marriages should be celebrated
only before the registrar was not intended to affix
any stigma to them ; the only object was to avoid
an interference with the canons and with the con

scientious scruples of individual clergymen. The bill
was precisely as settled by Mr. Gladstone, and
passed in the House of Commons last year, and now
again read a second time on the 16th inst. The ex-
clusion of Ireland from its operation was not by
desire of its piomoters. There was a strong, but by
no means universal feeling against the measure in
Scotland ; but, as neither the original prohibition
nor Lord Lyndhurst's Act extended to that coun-
try, and the whole marriage laws of the two coun-
tries were distinct, it would have been departing
from precedent to make this bill extend to that
country.

The Bishop of Lolito
, who received the depu-
tation with great courtesy, after hearing the argu-
ments and explanations great attention, and
satisfying: himself by inquiiis
several points,
expressed his intention of giving
the matter his
rendered was one of grow-
serious consideration. The subjectg
settled,
it more
ing importance, and every year
ttsettled. The
and more necessary that it should
legislative difficulties with which surroundedit
became more apparent upon examination,
was obliged to remember that a grave respaonndsite
lity rested upon him as the representative of the
whole body of the clergy of the metropolis, and
that therefore he could not consider merely his own
feelings on' the subject; but he could assure the

deputation that he would not neglect to give to the
consideration of the subject his best attention.—
After thanking his lordship for his attention to
their representations the deputation withdccw.

THE CAMPAIGN IN °UDE,

(From the Special Correspondent of the Times.)
CAMP, NEAR CHURDA, J. 8.
In my last letter I brought my narrative of
events to the affair on the Raptee, on the 31st of
December, 1858. Our camp moved from Bankee
to Pureeniee, just outside the jungle which sepa-
rated us from the plain descending to the Raptee.
On the 2c1.-of January it was proved that all the
enemy and their guns were in Nepaul. Christie,
advancing northwards on Purneah, was directed to
march from that point eastwards and join us.
Pratt, with-the 23d Regiment, searched the space
between his column and ours ; and Taylor, on our
right,
.vas directed to keep close under the Nepau-
lese hills and march towards us from the east. The
3d of January we-received news that the Begnm,
Bainie Madhoo, the Nana, and several bodies of
Sepoys were making their way to the north of
Nepaul, leaving their guns and baggage•animals in
the valleys. On the 4th Sir Hope Grant attacked
a party of rebels under Bala Rao, north of Tool-
sepore, and drove them across the Nepaulese fron-
tier, taking all their guns. It rained heavily
during the night, and. Christie's column and the
heavy guns joined us after a fatiguing march on
heavy ground. The Commander-in• Chief had now
a force sufficient to guard the passes, and to enter
Nepaul if necessary, hut on the sth he heard that
the Begum was 100 miles away, and he had no per-
mission from Government to invade the kingdom.
On the 6th of January, however, the column
struck tents, and advanced through the jungle to the
plain beyond, by a path enlarged and cut by the
pioneers.- It was only a short march of six miles.
The morning was clear, and gave us a magnificent
view of the mountains of Nepaul, with bits of the
snowy range peering aboee them. Maun Sing was
in much trouble when he heard we were going to
move to the Raptee. He said we should all die of
fever, and used so many arguments I think he
must have had some special reason to prevent our
going. The bodies of those slain lay torn and
dismembered by wild beasts in the- jungle. One
grayheaded old artilleryman, who had stuck too
long by his gun,
had the top of, his head carried
clean away. In his dotie a purse containing a
gold mohur and 54 rupees was found by a soldier.
The horrid vultures were picking and pecking at
the dead—veritable epicures in their own dreadful
fashion, and ran away with foetid wings outspread,
too gorged and heavy for flight, as we disturbed
them. These corpses lay amid wild flowers on the
richest beds of green. I remembered Inkermann,
where I saw a bunch of violets growing through
the jawbones of a skull. A mile or so beyond the
belt of jungle, which consisted of fine saul or seal
trees, and others to me unknown, laced by long
creepers and fenced by bitter trailing thorns, ex-
tended the undulating plain, beyond which flowed
the Raptee, its course marked by a broad forest,
which spread away to the foot of the mountains.
These rose in broad sloping slabs covered with
trees to high serrated tablelands, above which a
more distant range of similar formation came in
view, and over it 'again the peaks of the snowy
range, beyond which there is a new world where
neither Hue nor Russian tea merchant has ever set
foot. The Raptee had hurried away all traces of
its fight with sowar and hussar. It is a strange-
sort of river, for though it is now nearly 200 yards
across, its bed is half a mile wide, and there are
islands in its course which would shame that of
Eel-pie or of my Lord St. Leonards, nigh the Old
Swan at Ditton. " Snags" stick up their great
black teeth to swallow navigation up. As I rode
up to the high bank an alligator flopped into the
river from one of those resting places, and cleft
the water upwards in rapid flight, and two gaunt
wolves started lower down out of the brushwood,
and dashed off towards the long grass on the verge
of an island. We were a good way in advance of
the column, which was debouching from the jungle
behind'in fair show. Hussars in snow white
tunics and caps ; carbineers in neat clean blue
and white ; Belooches in dark green ; the artillery
in their deep blue ; Punjaub cavalry whirling
across the plain in red turbans and blue tunics ;
rifles and infantry in many-shaded carkee. Per-
haps the admonition of General Mansfield not to
go into the jungle on the left, which reached
the river's banks, was very judicious, for there is
reason to believe that a good number of Sepoys
were lurking there at the time, waiting for oppor-
tunities of escape. There was time for a good
gallop before the camp was marked out and pitched.
A few dead horses were' found stuck in the sand-
banks. One solitary Sowar came out of the jungle
on the opposite bank, and, alarmed apparently at
being aimed at with a telescope he precipitately
retired. The traces of the Begum's camp and of
the place where her guns had fired. on 'our cavalry,
were visible plainly enough. Pickets were posted,
and a guard marched down to the only ford, which
is three feet deep. Many canoes, made of trees,
hollowed out, were found along the banks, and some
fishermen were hauled up from the villages to sup-
ply the mess tables with the fish in which the river
abounds. As the Chief cannot go into Nepaul, he
has sent for Sir Hope Grant, and he will hand over
to him the Oude force preparatory to his own re-
turn to the telegraphic world at Futtehpore, or some
other central position. Several Sowers surrendered
horses, arms, and persons in camp to-day.
On he morning of the 7th, in accordance with
their promise, Mehudie Hossein, the Nawab of
Furruckabad, and several chiefs of minor note, came
across the Raptee to our pickets, and surreze:dered
themselves in our camp. They were attended by
200 armed men, who laid down their swords and
firearms as they arrived at our side of the river.
The great people came in on elephants and in pal-
kees, and they were foll Owed right into the head-
quarters camp by a crowd of natives from our
bazaars and a number of idle soldiers. Their first
visit was paid to Major Barrow, and the Nawab
of Furrackabad was first disposed of. His case is
peculiar. In accordance with its information, and
the general belief at the time, the Government of
India, last April, excluded the Nawab from the
benefits and rewards offered to the captor 'of the
Nana, as one who was almost as guilty as that great
criminal, on account of his ordering the massacre of
women and children at Futtehghur, which is the
station of Furruckabad. A price of £lO,OOO was
set on his person, and he was expressly shut out by
proclamation from all favour and amnesty. There
were, indeed, people who said at the time that the
Nawab had nothing to do with the massacre, and
that he tried in vain to prevent it. Two Christian
ladies, Mrs. de Fountain and Mrs. Byrne, who were
known to the Nawab in former times, and were re-
ceived in his zenana on the outbreak, declared he
was innocent, and their testimony was corroborated
by others ; but peculiar circumstances were held to
invalidate the testimony of these ladies, who were
mother and daughter, the wives of British officers,
and Mr. Power not only discredited their state-
ment, but expressed intentions or wishes with re-
gard to Mrs. de Fountain and Mrs. Byrne which
drew upon him the displeasure of the Governor-
General. That the Nawab went off with the rebels
is notorious, and his exemption from amnesty was
equally well known. In person he is a small deli-
cately framed man, with feminine hands and feet ;
his features, of a tine Oriental type, are regular—
rather Jewish in character, but his eyes are fine,
though somewhat dull. He washandsomelydressed
in a rich green and gold turban, a black velvet sur-
coat lined with fur, and silk trousers • his manners
were perfectly quiet and becoming. He was told to
take a chair in Major Barrow's tent, and the com-
missioner then explained to him that he was to be
sent a prisoner to Furruckabad to take his trial for
murder. "To kill men in war is fair, Nawab ; but
no one ought to murder defenceless women and
children, no matter what the excuse, in war or
Peace." " The Commissioner says truly •, if I have
done so, let me suffer." " You know that you are
considered guilty of the massacre at Futtehghur.
" Yes, the best proof I can give that Ido not con-
sider myself
trial, tahno du I
guilty is, that I come here to take my
g hayvoeu have already pronounced me
guilty,
you can do so." mto provemyinnocence." " I hope
In &trust is that I may, though
it is difficult."
m
course of conversation he
said he had brought
has family, and he
was allowed to send a certainF
_urruckabad'
number of his
own followers with them
to
waonudla houseswhere,
in '
by the by, they will find
his palace
ruins. He was asked whether he
bard of Europeans or of natives _ prefer a
. He replied,
Natives ;" and then, as if anxious to explain
reasons, added, "But whichever you please ; I h 1
only
said natives because they would understand better,
for Ido not speak English well." With his retinue'
were four or five elephants, which he handed over
to us. Among them was General Wheeler's sport-
ing elephant, and not
only
the creature, but the
General's mahout, who has been going about with
the rebels ever since the Cawnpore massacre. The
man could tell us little about the actual murders,
for he was not near the place, but he declared that
the Nawab had been several times prevented com-
ing over to us by the Sepoys, who watched him
closely, and who had threatened to kill him repeat-
edly. A guard of the Rifle Brigade was marched
up to the tent to guard the Nawab, but as Colonel
Christie was starting next day with the 80th for
Cawnpore, it was resolved to send the prisoner down
with the force, to which some native infantry were
added as a special escort. On the Nawab's right,
in the tent, was seated Mehudie Hossein, the old
°PPollent of General Franks, and recently on more
than one occasion. the beaten foe of Sir Hope Grant.

The air is filled with the screams of green
paroquets, which flash in broad streams of colour
and in hundreds at a time from tope to tope, helped
well by the never ceasinc, chorus of the animated
impudent minas. The large blue jay is common,
and tamer as well as more brilliant than the
keeper's enemy in England. Shrikes are common
on every wild hedge—the large gray—the small
brown butcher bird, with a white streak over the
eye, and white head, and two sombre-coloured
varieties of larger size. The titmouse is boring
away amid every thatched roof, but none of the
varieties resemble our English friends. Over
every large jeel hover fish hawks, mews, and large
kingfishers, which dart down right under water,
after a fluttering pause twenty or thirty feet above
the surface of the water. On every side there is life
enshrined in forms strange and beautiful, but it can
only be described by the scientific naturalist who
can devote more time to his subject than he could
find at the head of a column marching 20 miles a
day. As the line of march passed within a few
miles of Churda, for several months the residence of
the Nana Rao, Lord Clyde got out of his litter, and,
mounting an elephant, set off with his staff to visit