The Sun.
London, England, 1857-07-25 00:00:00

What the Admiralty did with regard to stores was to
keep at the different stations such an amount of stores
as would meet the probable demands of the service, and
no one could suppose that it was their duty to provide

spect the rock upon which Commodore Keppers :hip
had been lost, and from that report he thought that in
all probabili'y Commodore Keppel would be acquitted
by the court marial.
The motion for the adjournment to Monday was then
agreed to.

for every possible emergency.
COUNTY FINANCIAL BOARDS.
Mr. KNATCHBULL-lIUGESSEN wished to know
whether it was the intention of the government to in-
troduce any measure upon this subject next session ?
Lord PALMERSTON said at one time it was the in-
tentionof government to proposes measure; but the bill in-
troduced by Mr. Milner Gibson elicited great difference
of opinion with regard to the manner in which the
boards should be constituted, and her Majesty's Govern-
xnent found so much difficulty in reconciling the various
opinions on that subject, so as to aff•.ird a fair prospect
of carrying the bill through the house, that they were
not able to carry into execution the intentions which
they had announced. The government did not see their
way sufficiently to justify him in holding out an expec-
tation that they would introduce a bill on this subject
in the next session.
THE NEW GOVERNMENT OFFICES.
Mr. B. HOPE said, in the absence of the First Com-
missioner of Public Works, he would ask the Chancellor
of the Exchequer • whether he proposed to lay the esti-
mates for building the War and Foreign-offices before

LE [TRIM ELECTION•
The SPEAKER informed the house that he bad Iv-
ceived a letter from Mr. Coppock, stating that it was
not intended to proceed with the petition against the
return for this county.
DIVORCE AND MATRIMONIAL CAUSES BILL.
Upon the order for the second reading of this bill
being read,
Mr. HENLEY, in rising to move that the order be
postponed until that day month, said that it was not his
intention to raise any question upon the principles of the
bill, but to apply himself only to those matters which
would show that by adopting his resolution the conve-
nience of the house and the advantage of the public
would be secured. The house would recollect that, as
the law at present stood, persons who required a disso-
lution of marriage were obliged to go through three dis-
tinct operations, one proceeded with in the ecclesiastical
court, a second in a court of common law, and the third

the house this session ? being obtained from the House of Lords by way of pri-
Mr. BRISCOE was glad that the hon. member had
vilege. Such being the state of the law, .the Govern-
called attention to this subject. He believed the cce<t
ment, in 1853, issued a commission to inquire into the
of.the contemplated Government offices would be enor
present state of the law of divorce a vinculo matrimonii.
moue, (Hear, hear.) On the previous day a distin-
The commissioners met, and agreed to resolutions. In
guished architect, with whom he had conversed on the
the following year legislation commenced in the House
subject, told him that he believed the cost of carrying
of Lords. A. bill was embodied in the house, and passed;
out the block plan for the improvements in Westmin'ster,
whether it was ever read in the House of Commons or
for which a prize of 5001 was awarded, would not be less
not he did not know. Nothing, however, came of it, and
than twelve or fourteen millions. (Laughter.) This
so the matter rested until the present year, when the bill
was not the proper time for embarking in such an under
which hon, members were asked to consider was intro-
taking, and he hoped the Government would postpone duced, and passed through the House of Lords. It was
the consideration of the subject till another session of
not necessary for him to call attention to the gravity of
Parliament; (Hear.) He knew he spoke the opinion
this question—it was one of the greatest importance, not
of the country at large—(hear, hear)—and he would uhtee
only on account of the number of persons directly coming
all the means in his power to arrest the progress of the only
its influence, but because what was done upon it
bill. might tend to weaken the solemnity and firmness of the
The CHANCELLOR of the EXCHEQUER begged
marriage tie throughout the length and breadth of this
the house to understand that her Majesty's Government
land. With the view of showing how impressions had
were not committed or pledged in any way to the adop-
tion, on the subject, he would proceed to contrast the
tion, either of the block pan of which his hon. friend
recommendations of the commissioners and the two
lately exhibited in Westminster Hall. The matter was
had just spoken, or of any of the plans which had been
bills which had been agreed to by the other house with
still open to the consideration, not only of the house, each other. In the first place, the report of the com-
missioners recommended as a tribunal for the considers
but also of the Government. With respect to the hon.
tion of matrimonial causes a court consisting of three
member's question, he had to state that it was not the
permanent judges. In 1854 it was proposed to throw
intention of the Government to present any estimate
this matter upon the Court of Chancery. The present.
this session.
Mr. GLADSTONE said he was one of those who bid proposed the creation of a new court, consisting of
sympathised in the alarm which had been expressed by the Lord Chancellor, the two Lord Chief Justices, and
t
his hon. friend near him (Mr. Briscoe), He was very the Lord Chief Baron, and the judge of the Court of
much pleased with the statement of his right hon. friend Probate, of whom three were to be a quorum. With
regard to the subject of appeal, the commissioners re-
that the Government were not committed ; but con-
commended a general appeal to the House of Lords. In
Dtcted with his views of this extraordinary project, was
the measure of 1854 the appeal was to be similar to the
a stroog apprehension lest step by step, and inch by inch,
appeals from the Court of Chancery, and therefore with
without any formal decision of the house, they shout be
an ultimate appeal to the Lords. At present it was pro-
drawn unawares into pledges with regard to what be
posed tat should be no aal on uestions of
must say was, considering the necessities of the public
fa ct, but uponthere questions of law an appeal q was given to
service, one of the most extraordinary schemes, in a
financial point of view, that had ever been submitted to the House of Lords. Again, the commissioners, after
considerable deliberation, came to the conclusion that
the legislature. If, as was stated to be the case it was
judg
expected that they were going to clear a great sqnare for
questions of fact should be left to the
the purpose of erecting public buildings at a cost of te-
jury should not be summoned. In 1854 he House of
Yeral millions, let them beware of being drawn into the tes, and that a
Lords was still of opinion that there should be no jury.
scheme unawares. The proposal of the late Sir W. Melee-
When the present bill was first brought forward, there
to
worth was a rational one, but he hoped the house woul
was
e, be a jury—not of right in every case, but only
not commit itself to any portion of the gigantic scheme where, in the discretion of the judge, it was thought et
in quhstion without opportunity having been afforded for to summon one. During the discussion of the-subject the
full discussion on a matter which so much concerned
mind of the house underwent a change ; and as the bill
their duty to their constituents, and he would add their came down, it gave a jury as a matter of right. The
house would see from this the diversity of opinion which
reputation for common sense.
Mr. BENTINCK said they bad heard a great deal of bad prevailed on this subject ; and in the face of that
late about the inconvenience of discussion on the quo diversity he would ask hon. gentlemen whether at the
Lion of adjournment, and if ho himself continued the period of the session at which they had arrived it was
discussion that evening, it was solely because he did not at all likely that the bill could receive that attention
succeed in catching the Speaker's eye when the gallant which its gravity demanded ? The diversity of view
to which he had just referred only affected the
admiral rose to address the house. (Laughter ) It was
subject of jurisdiction ; he would proceed to show that
remarkable that the emergencies of which the right hon.
subj
sat
baronet spoke occurred every three cr four years, and the same state of things existed with regard to the
that enormous sums of money were frequently wasted for subject to be adjudicated upon. The bill dealt not
want of due precaution. He should like to know who.
only with the subject of divorce a vinculo rnatri-
moni to
ther the Governmentdid ordid not take upon themselves
judicial searation a state of this better call
de-
any responsibility in regard to the mode and rapidity
scribed as divorce a mensa et thoro. Thengcommissioners
of transition in the else of the troops conveyed to
thought that divorce a mensa et thorn should follow
India,' or whether the whole matter was in the ban is
of the Erst 'lndia Company. The declaration of tee gross cruelty, conjugal infidelity, and wilful desertion,
•
. right hohieuhable' baronet (Sir Charles Wood) that the the latter also being provided for in the alternative by a
d
pietent emergency could not have been foreseen was one degree for alimony. In 1854, desertion for three years
w
that ought; never to have come from a Minister. It wag as made one of the grounds of this divorce. Then came
the betiiiess of the Government to foresee emergen-
the bill of this year, which fixed the period of desertion
cies. He could nave wished that the right hon. baronet at two years. The bill of 1857 also contained a very
had stated whit number of troops would be left in Great curious provision, the practical results of which he
thought would be more awkward than its proposers
BeltitiCeated Ireland after all the troops designed for
seemed to imagine. This bills gave the wife, upon deser-
dia Itidleinbarked. The house ought to know what was
tion by the husband, the right to her earnings as against
thiy'piWeritstatb of the defences of the country, and what
him and his creditors. This right was to be secured by
reset/V-0s the Government had to meet any further dietur-
the decision of one magistrate, from whom an appeal
babeee trr'eOlemities which might arise. They should not
would lay to two. Both the bills—that of 1857 as well
•be 'cinertiented With the assurance of the Prime Minist r
as that of 18 the round ivorce a 'o
thattein his opinion, those defences were satisfactory,
if applied fors by thexed husbangd upon adultery only.vincu With
COMMODORE KEPPEL, regard to the wife, the commissioners recommended that
Lord C. PAGET rose to ask the First Lord of the Ad- this species of divorce should be granted to the wife in
mtialtne whe,ther'there was any foundation for the report cases of " aggravated enormity "—a phrase which they
thatiCernmodore Keppel hal been recalled from his cone- explained as including incest and bigamy. The measure
mand_in. the China Sea? The noble lord said he had of 1854, on its introduction, confined the remedy as re-
uaclerstoo vettiain the last half-hour that it was not the carded women to the same grounds as those fixed by the
intentionOt t e First Lord of the Admiralty to recall commissioners, and they increased the grounds of divorce
Commodore Keppel from the China Sea provided lee so that they included incestuous adultery, unnatural
were acquitted by a c curt-martial. Perhaps his right offences, or attempts to commit them, while they
hen, friend would do him the favour of nodding his head omitted bigamy. The measure of 1857 gave the right
if that view were correct—(laughter)—as in that case he of divorce to the woman in the following cases :-1-t
should not feel it necessary to trouble the house with Incestuous adultery; 2d. Bigamy; 3d. Adultery, with
any statement. gross cruelty ; and 4th. Adultery. with desertion for
[After a short pause, during which the sign in question two years. Here were most important variations; and
was not given by Sir C. Wood, the noble lord proceeded.] again, as regarded these, he would ask the house if at
He was afraid he must assume that Commodore Keppel this time of the year so important a matter, upon which
was not to be allo wed to remain in the East, and that the so many opinions might , after great deliberation, be
Admiralty were about to commitan act of great injustice formed, could be considered with any good result? He
to wards one of the most meritorious officers in the navy, would next refer to a question upon which the commis-
and that to at a time when the services of the best and sionersgave no opinion, the action of crim. con. As the
bravest officers ware much required in the China Sea present bill came down to them the action was abolished,
against an enemy that was very numerous and not alto- but in getting at this result great uncertainty of purpose
gether despicable. Under these circumstances he felt it had been shown. At first the action was to be retained,
his duty to state in a few words the circumstances which but to be brought after instead of before the divorce; then
attended the loss of the Raleigh frigate. Commodore it was proposed to make criminal conversation a misdemea-
Keppel having distinguished himself greatly on the nour • ultimately a flue was proposed and the action
heights of Sehastopol, was appointed second in command abolished. Now he would beg to call the attention of
under Sir M. Seymour on the China station. He pro- the house to the fact that, as he had already contended,
ceeded without loss of time for his destination ; and there were but few cases coming within the scope of this
when within sight of the enemy's coast his ship bad the bill, Taking the average of the years from 1834 to the
misfortune to strike on a sunken rock, which was not present time, he found that the number of cases of di-
in any chart and was totally unknown, so that no blame vorce a vinculo averaged only three per year. He had
could attach- to the officer in command. The commander- thus called the attention of the house to the position in
in-chief represented very strongly to the Admiralty which the matter stood. He could get no information es
that no blame attached to him ; and since the catastrophe to"the present average of suits, but by the report put.
in question he had been actively employed against the lished 1832 he found that the whole number of causes in
enemy, and, so far as was known, he was so employed all the courts of England for 1827-28-29 was 101, and of
at the present moment. It ho were recalled it roust be that number there were 16 in the Arches Court of Lan-
owing to one of two reasons. If a sentence of his brother don, and 42 in the Consistory Court ; that was to say
officers should be recorded against him, he (Lord C. 58 altogether in London, and 43 in the country ;so that
Paget) would not say a word against his subsequent re- by the bill 4-sths of the jurisdiction would be swent
cal, but as he was justified in placing implicit reliance on away and no remedy provided for the people. He had
the charts, it was not likely that such an event would now stated the reasons which induced him to come to
happen. His recal, if it took place, would, he believed, the conclusion that if Government persisted in going on
be owing to an antiquated rule of the Admiralty, that a with this bill, there must be lengthened discussion in
commodore of the second class was incapacitated from committee on the points be had mentioned. Petitions
hoisting his flag on board any other ship than his own ; lied been presented signed by 6;900 clergymen, so that
so that if, in the chapter of accidents, a commodore in it was quite clear that the interest taken in the subject
command of a squadron had the misfortune to lose his was very great, and in the subject was very great, mei
ship iq action with an enemy, he could no longer hold if the discussion should be indecently cut short by the
a command over the other ships. It was, he under- termination of the session, they ran the risk not only
stood, in consequence of this antiquated rule of the of shocking the high feeling of the country, but of finish-
Medea and Persians that Commodore Koppel was to be ing with a crude and ill-digested measure. The Govern-
recalled, and thus degraded and dishonoured, without ment could, he felt, have no interest in the matter except
any blame being attributable to him. He might refer to produce a good bill ; there were very few parties that
to a parallel case which bad occurred in the army. When could be injured by delay, while much good might result
his hon. and gallant friend the member for Greenwich (Sir from their proceeding With circumspection. On all these
W. Codrington) arrived at Varna with the expeditionary grounds, he implored the Government to acquiesce in
force sent to the east, he was a major in a battalion of , his motion, that the second reading be postponed for
the Guar6. A brevet went out ; that gallant officer one month.
was promoted, and the result of this was that he was at Sir G. GREY thought the course taken by the right
once placed on the half-pay list. Under ordinary cireurn- hon. gentleman most unusual and inconvenient. When
stances he would have been compelled to return to Eng- the order of the day was read, the Attorney-General
land, The lamented Lord Raglan, however, knowing rose (Mr. HENLEY: I did not see him)—Yes, he rose to
the value of his services, and disregarding in such a case propose the second reading, intending to make a complete
old rules and regulations, at once appointed him to a statement, not only of the principles of the bill, hut
command ;. and the country owed to this circumstance of the grounds upon which the Government asked for is
that it bad the services of the gallant officer at the Alma second reading this session. But the right hon. gentleman
and at Inhere-min The much-abused Horse-Guards con- interposed with a motion which was equivalent to put-
firmed Lord Raglan's appointment ; and, knowing that ting it off for another session, and would be the same in
Si; M. Seymour desired to retain the services of Cone am- result as the motion of the hon. and learned member for
done Keppel, he appealed to his right hon. friend (Sir Dundalk, from identity in opinion with whom the right
C. Wood) to pursue a similar course, and, if he could n, t hon, gentleman endeavoured to guard himself. The right
do so otherwise, to stretch a point, and give the officer hon. gentleman avoided touching on the principle of the
in question a red pennant.. At all events he hoped the bill, but ho had done what was still more objectionable,
Admiralty would not recal a most efficient officer, who leaving.his opinion as to principle uncertain while he ea-
was 15U00 miles from this country. (Hear, hear.) He tered into all the details, which could only properly be
believed bisgiglit bore friend felt very much as he did discussed in committee. He would now address himself
on this subject, and treated that he would take the bit to the objections of the right hon. gentleman, the first of
in his mouth, and retain Commodore Keppel in active which was the most extraordinary he had ever heard.
service. The right hon. gentleman asked them not. hastily to le-
Sir. G. GREY said the fact of his having to rise to gislate on a subject of gravity and importance, as if this
answer the noble lord illustrated the inconvenience of were the first time the subject had been under discussion,
discussion on the motion for adjournment. His right and that they were about to legislate without previous
h(M. friend (Sir C. Wood) having spoken once could not inquiry. But the right hon. gentleman himself admitted
do to again, and it was necessary, therefore, that he that there had been repeated inquiries, that the bill had
should reply on his behalf. No one who was acquainted I been several times before Parliament, that it had under-
widdeConemodore Keppel would dissent from the praise gone deliberate investigation, and that some improve-
weicjige noble lord had bestowed upon him ; and lie Inept had resulted in matters of detail. He thought that.;
cltynthttknow why
miraity were doing anything
noble lord assumed that the Al- on the right hon. gentleman's own showing, they were
anything to disgrace it. The whole in full possession of the provisions of the bill, and there-
course of their conduct showed that they had no Casio fore quite in a condition to invite the House of Commons
sition to disparage the services of officers of the nave, to give its assent to the principle by passing the second
The fact was that Commodore Keppel had lost his shit,
reading, while, if they postponed it, the right hon. gen-
and by the invariable rule of the service whenever that tlemen who now urged that three measures had already
happened the officer in command was
put. under trial by been rejected, would come back next session with a
court-martial, in order that the circumstances of the loss stronger argument,h
they as he would then be able to add a
might be inquired into. If there were
eci room for blame fourth the list. The other objection was that were
the proceedings would of course terminate_
as all mutt near the end of' the session. He did not think it signified
hope they might terminate—in Commodore Koppel's+ at what period of the year a subject was considered, pre
acquittal ; but while the matter was still sub-judice he vi led there was a sufficient attendance of members, and,
must protest against, any attempt to prejudge the ques• without appealing to that particular period of the even-
thin in the Efouse of Commons. He believed, moreover, ing at which the benches were usually thin--(e laugh)
that thO bowie itself would not be willing in each a case -2ae thought that the general attendance just now bad
to be forced into a discussion of the question,
General CODRINGI'ON did not think that the noble
nothing in it that indicated a want of interest in the
businets of legi action. The attendance recently had
t
lord bad desired
Isis the house to prejudge the cese_of Cone- been as
good as at any former period of ttie session, amt
a showedmOdoee KeKeppel.object had been to call the at
.the division list a very fair average of members.
Ugh' of hon. members to the rule of the service v ?eh Her Majesty's Ouveriunent had deemed it their dutyee t
,
prevented the commander-in-chief on the spot empneying propoee this bill to Parliament it had received t a emernodore who had had the misfortune to lose his deliberate attention of the other Louse, and it would be
ship- Ilia, be thought, a very unkrtunate rule, one a matter of deep regret if, in consequence of the reasoa
the see- assigns
every
ebryy
one
ee
confer
ingfhets hon,sed, 8
hgo eunl❑dtl enmempee
rtpheet
osactaendd scandal,
which often prevented the country from having
vices of able officers.
Admiral WA.LCOTr quite concurred with the gallant another year. (Hear.) They, (the Government) earnestly
been general in thinking that the rule to which reference had hoped that the right hon. gentleman would allow the
been made was a very unforturate ono. He thought hill to bo road a second time. Let them Lave the pric-
cipal fairly before the house, and let them not have a
chief
that where a court martial abroad acquitted a c,m-
wander, the admiral or other, officer commanding in cussion which, at that moment, must be incomplete.
should have power, in case of necessity, to make Ho hoped that the house would read the bill a second
use, of that comatander'm eervieee, I time, and proceed with the details, so as that a remedy
ELPHINSTONE.heId inhis land a copy of r might he applied to the scat: dais eeisting in the law, and
the surety of the gentleman who had been sent to in- ' that the present opportunity might nit be lost of eff.ct-