The Sun.
London, England, 1861-02-22 00:00:00

THE SUN, LONDON FRIDAY F v ENING, FE B WARY 22, .t 1861.

Surely, it 'were far better that the PorE and the
Italians should settle their own relations, than
that, by forcible intervention, the latter should be
hindered In putting down the horrid brigandage
which unsettles the country. We repeat the hope
we have before expressed, that Lord JOHN will
persevere strenuously, as well as boldly, in the
course which the Blue-book shows that he has
commenced well—that of protesting against the
prolonged occupation of Rome by an army which
has no right there, and which is unavoidably the
abettor of brigandage.

Once more through the sigh Church pertinacity
of the Lords, the House of Commons is compelled
to take up, de novo, the subject of marriage with a
deceased wife's sister. In a matter of domestic, and
in some respects pressing interest, like this, it is
not fair for the Peers, by the mere force of votes,
to oppose longer the representatives of the people.
Let it be remembered that the case is not one of
imposing any burden on the unwilling or the con-
scientious. No one proposes to legislate, as the
Divine Author of Judaism did in the parallel case,
that a brother shall marry a brother's widow. It
is simply asked that those who believe Scripture
and reason to be on their side shall not be visited
with heavy social and pecuniary penalties for using
their right of private judgment—the judgment in
this case coinciding with that of the vast majority
of Protestants at home and abroad. Controversy
on the subject has quite settled the point, that the
existing prohibition has no justification but a
worthless canon, and the well•known lists in our
prayer-book. We need not say that with the
exception of a few High Churchmen neither
of these authorities is any authority at all.
But as the Lords have not been asked to compel
persons to marry, so they have not been asked to
compel any clergyman to marry those whom he
thinks it would be sinful to marry. If the Canon,
and the Prayer-book lists are an authority as
sacred to him as the Koran to Mahomedans, he is
not even wished to violate them. Such simple
remarks seem necessary, because really some of the
warm opponents argue as if it were proposed to
inflict a burden, instead of removing one, or to
violate a High Church conscience, instead of leaving
it at full liberty—the only demand made by those
who think the marriages in question natural,
advantageous, and Scriptural, is expressed in the
exclamation of the Apostle—" Why is my liberty
judged of another man's conscience ?"
It has always appeared to us that this question
is, at its root, one of religious persecution or
tolerance. No one can pretend that but for
the Canons and*
the Prayer-book, any mortal
would have dreamed of a prohibition so essen-
tially absurd and indefensible. It originated
in, an age of asceticism, and has been perpetuated
by ecclesiastical tradition. But without dwelling
on its origin, the fact is, that the Church of Eng-
land accepted it when just emerging from the cor-
ruptions of Popery, and that even the opinions of
her own sons, and some of the most eminent of
them, too, have been adverse to the restriction.
But outside the Church of England that is
amongst half the worshipping population of the
country, so far as we have heard, opinion is unani-
mous. All the great Dissenting bodies have ex-
pressed themselves as aggrieved by the restriction ;
their ablest writers have elaborately shewn that it
has no foundation in Scripture or in reason. Many
of the most respectable amongst them, their minis-
ters and church officers, openly set at naught the
prohibition, and retain their religious standing in
their own communities ; while, as to the Church of
England, we believe that if her laity were polled on
the subject, nine-tenths of them would laugh at the
idea of there being anything against marrying
your deceased wife's sister, but Lord LYNDHURST'S
Act as marred by the late officious Bishop of
LONDON.

In such a state of religious opinion, we ask, is

it anything short of religious persecution for a kno

of High Churchmen to use their great influence
with the large and respectable Conservative party,
to force their views of marriage on those who differ
from them. Dissenters have certainly a right to
resent this; they ought, unquestionably, to have
'immediate relief from an Act founded on a Church
of England Canon, and punishing them for disobedi
ence to it. Should the Lords again reject the bill
sent up by the Commons, we should suggest that
Dissenters immediately place in the hands of
Mr. MILNES another bill to exempt them at least
from penalties designed to enforce obedience to the
dogmas of a Church from which they dissent. We
do not see how even the Lords, who we suppose do
at least believe in the Toleration Act, could reject
such a bill.
A few facts may be mentioned showing the
progress of public opinion on the subject. Since 1849
the signatures to petitions in favour of rescinding
protection have amounted to nearly 1,000,000 ; an
amazing number when we remember the compara-
tively small number of persons directly interested.
The signatures in opposition to relaxation have been
114,204. Another remarkable fact connected

with the petitions is the character of so many
of them. Last August the Earl of CLARENDON
presented to the House of Peers petitions from
one hundred and two Corporations of England
and Wales, and twelve had previously petitioned,
in favour of relaxation of the law. These peti•
tions were numerously signed, and it will not
be denied that the signatures must have been
those of the elite of the middle cass. The Par-
liamentary progress of the bill has also been
such as ought to weigh with the Lords to concede
the point this session. In 1842 there was a
majority of 23 against the first reading ; in 1849,
when Mr. WORTLEY again introduced the mea-
sure, a majority of 34 for it on the second
reading. The majorities increased, and not to weary
the reader, the bill was carried in four Parliaments
and in thirty-one divisions. In this Parliament, on
the 7th February, the number of those who had
voted in its favour was 302; of those who voted
against, 208; of neutrals, 44; of new members, 90.
To-night, therefore, should the opponents of the
measure go through the idle form of dividing,
the old majorities should be well sustained. We
believe, also, that, with one exception, the Lord
Chancellor, the whole Cabinet is in favour of the
bill.

In the House of Lords it has come so near to
success that we may hope this fact at least will
weigh with their house when the votes of the
other house are remembered, and dispose all the
fair and moderate opponents to withdraw from the
contest. The bill has been before their lordships'
house four times, and the voting has stood thus :

1851. 1856. 1858. 1859.
The vote against the bill was.... 50 43 46 49
The vote for the bill
Bishops against the bill
Bishops for the bill — 4
Number of lay peers against
Majority against without the
bishops
So that the majority of hereditary peer's against the bill in

1859 was only 6.

We have but one brief remark to add. The
Lords and Commons of England profess, and with
much truth, to be a practical legislature—to adapt
legislation to facts, not to theories—and therefore
to give up laws which are not, and will not, be

obeyed, because the judgment of the community
refuses to accept them. Th;s is precisely the case
with the prohibition attached by the late Bishop
of LONDON to the bill of Lord LYNDHURST, in
1835, which declared legitimate a ducal marriage
of the kind in question, and all others up to that
time also. Thousands of adults have violated that
Act ; thousands of innocent children- are suffering
the legal consequences ; and, to this day, numbers
of persons are annually setting the Act at defiance.
It is an Act against natural right; it appeals only to
ecclesiastical grounds which are thought supersti-
tious by the mass of the nation ; it cannot be
enforced, yet it is fertile in unpleasant legal conse-
quences—it cannot be long retained, and ought,
therefore, to be at once repealed.

" Honour to whom honour"—and so in half-a-
dozen words let us briefly here make the amende
honorable to the Re Galantuomo. The telegram
has happily proved to have been too steno-
graphic. For—while we are perfectly correct in
having said that no mention whatever of the great
name of GARIBALDI appeared in the Speech from the
Throne recently delivered by VICTOR EMMANUEL
—one passing reference there was (though not
explicit, yet perfectly comprehensible in its way)
to the daring Adventurer who but only one year
since acted the PERSIUS to the Sicilian ANDRO-
MEDA at Marsala. " Valiant youths," said the
KING of Italy towards the close of his speech on
opening his new Italian Parliament, " Valiant
youths, led on by a captain who has filled with his
name the most distant countries, have made it
evident that neither servitude nor long misfor-
tunes have been able to weaken the
fibre of the Italian peoples." That is all
—that is the one only reference made in the KING'S
speech to GARIBALDI and the Garibaldians—to the
great Victor and his Volunteers. But it is at any
rate enough to acquit his Majesty of the damning
charge of ingratitude. Except that it might be
deemed captious and needlessly carping under the
circumstances, now that we have the speech in its
entirety to contrast with that first irritating
epitome of it in the telegram, we should still be
disposed to regret and to marvel over the non-
appearance of GARIBALDI'S name in the speech of
VICTOR EMMANUEL. While, however, the
name is not graven on the pedestal, the
Bust of BRUTUS proves to have been for
once not absent from the procession. And
if the mere name be not there, none can at any rate
mistake for one single fraction of an instant the
identity of " A Captain" who has filled with that here
unarticulated name of his the most distant coun-
tries ! So that VICTOR EMMANUEL still lays claim,
in GARIBALDI'S instance, to that title the Hermit of
Caprera loves best of all to give him, that of the
Re Galantuomo.

REMOVAL OF THE COURT TO THE ISLE OF
WIGHT.—Her Majesty, the Prince Consort, and the junior
branches of the Royal family are expected at Osborne House
on Tuesday next ; their stay, it is thought, will not extend
over more than ten days or a fortnight at the utmost,
The honorary freedom of the Fishmongers' Com-
pany has been unanimously voted to Mr. Cobden, and will
be conferred upon the veteran free-trader as soon as he re-
turns to England.

TIIE WHITBY LIFEBOAT ACCIDENT.—At a meet-
ing of the Whitby Lifeboat Committee, held on Wednesday
last, it was unanimously resolved to place forthwith their
lifeboat establishment under the management of the Na-
tional Lifeboat Institution, and to accept the generous offer
of the society to station there one of its best self-righting
lifeboats, accompanied by a transporting carriage, both
thoroughly equipped, including a set of efficient cork life-
belts for the lifeboat's crew.

TIIE EARL DE GREY AND THE BALLOT SOCIETY.
—Reports having been circulated that Earl De Grey's views
on the ballot had undergone a change, we are gratified in
stating that the noble earl has practically refuted these
rumours by forwarding his subscription to the Ballot Society
for the current year.
THE ANNUAL MOTION FOR THE BALLOT.—Mr.
Berkeley has given notice for Tuesday, sth March, of his
intention to move for leave to bring in a bill for the protec-
tion of electors in voting for members to serve in Parlia-
ment. We believe the hon. member has been requested to
postpone the motion for a few days later.
MANCHESTER UNITY OF ODD FELLOWS.—The
Pride of Islington and Northampton lodges having engaged
to take a benefit at the Islington Philharmonic Hall on
Tuesday and Wednesday evenings, there was a large
attendance of members of the North London district and
their friends, the varied entertainments, including selec-
tions from " Norma" and the " Rose of Castile," appearing
to give universal satisfaction, and the lodges have realised
a handsome profit for their benevolent funds.

M. Charles Avisseau, a pottery manufacturer at
Tours, of extraordinary genius, and one of the modern
rivals of Bernard de Palissy, has just died in that city.

The notification for the renewal of the Exchequer
bills due in March is expected forthwith. Their present
rate of interest is 11d. per day, or £2 ss. 71d. per annum;
but a large amount will probably be sent in for payment
unless the rate is raised to 2d. per day, which will be
£3 Os. 10d per annum.

The advices from America yesterday state that
all producers, both in the North and South, are shipping
goods to Europe as fast as possible. In the North the mo-
tive probably is to anticipate the possibility of communica-
tions being interrupted in case the crisis should end in hos-
tilities ; while in the South, in addition to the same reason,
there is the stimulus to escape the suggested export tax on
cotton, which, according to some accounts, is threatened as
high as a cent (one halfpenny sterling) per lb.

MR. EDWIN JAMES, M.P., AND TacE JOURNEY-
MEN BAKERS.—On Wednesday a deputation from the
London Operative Bakers' Reform Association waited upon
Mr. Edwin James, M.P., for the purpose of inducing that
gentleman to lay their case before Parliament, with a view
to getting the Legislature to interfere on behalf of the
journeymen bakers of the metropolis. The deputation con-
sisted of both masters and men. Mr. James said that if a
petition was signed by masters and men he would bring it
before the House of Commons, in order that an inquiry
might be made into the unfortunate condition of the men.
The men, with the assistance of the masters, are now
actively engaged in getting up the petition. The bakers of
Ireland are about to introduce a bill into the House of Com-
mons for the better regulation of their trade.
IRON CASED WAR SHIPS.—An elaborate discussion
of this very important question is to take place on the 28th
inst., the Right Hon. Sir John Pakington in the chair, at
the Hall of the Society of Arts, John-street, Adelphi, Lon-
don, under the auspices of the Institution of Naval Archi-
tects, of which Sir John is president. Papers will be read
by Mr. Samuda, the eminent shipbuilder of Poplar, Mr.
Scott Russell, and other gentlemen, and will be followed
by a debate, in which Captain E. P. Halsted, R.N., Capt.
Sherard Osborn, R.N., Admiral Sir George Sartorius, Cap-
tain C. P. Ccles, R.N., Mr. James Nasmyth, C.E., and
other gentlemen of distinction have promised to take part.
The discussion will commence at noon, and will be renewed
at an evening meeting. On the two following days (the Ist
and 2d of March) papers will be read on the rolling of ships,
by the Rev. Dr. Woolley, late Principal of the School of
Naval Construction ; on the deviation of ships' c' mpasses,
by Mr. Evans, R.N., Compass Superintendent to the
Admiralty ; on American river steamers, by Mr. Norman
Russell ; on the classification of iron ships, by Mr. Grant.
ham; on unsinkable iron ships, by Mr. Lungley ; and on
the wave line theory, by Mr. Scott Russell. We are in-
formed that members of Parliament, naval officers, and
other gentlemen of position who may desire to attend any
of these meetings will have cards of admission furnished
hem by the council on making written application to the
secretary, 166, Fleet-street, London.
A SAD CASE.—On Tuesday evening last a lady,
apparently about 35 years of age, and of highly respectable
appearance, took a first-class ticket at the Woolwich Arsenal
station of the North Kent Railway, to proceed by the 6
p.m. train for London. Whilst waiting on the platform
for the arrival of the train, she was suddenly seized with
paralysis, which rendered her perfectly insensible, and de-
prived her of the power of speech. The sufferer was con-
veyed to the Armstrong Gun Tavern, Plumstead, where
she was promptly attended by Dr. Allinson, but she still
remains in the same unfortunate condition, and every effort
to ob`ain a knowledge of her relatives has hitherto been
unavailing. It is hoped that publicity may lead to the re-
cognition of the unfortunate lady by her friends. She is of
fair complexion, with flaxen hair, and is attired in a dark
silk dress, and mantle, and had a plaid shawl on her arm.
Two sovereigns and a half sovereign were found in her
possessiort and a portion of her clothing is marked "A.
Fitzrobert, 1860."

The united studs of Couut F. de Lagrange and
B iron de Niviere, says the Sport, have at present 79 horses
in training. This number has never before been attained
by any one proprietor or partnership,
even in England, and
John Scott is the only public trainer whose stables have
over held so great a number of horses.

LAriEbT NEW 6.

(REUTER'S TELEGRAMS.)

TURIN, FEB. 22.
The inauguration of the Italian Parliament has
been celebrated in several towns of Venetia.

The Opinione says :—" Three colonels, a major,
and two captains, have deserted from the Citadel of
Messina."

PESTII, FEB. 22.

A royal rescript convokes the Diet at Buda for
the 2d April, in order to make arrangements for the
coronation of the Emperor as King of Hungary, to
receive communication of the inaugural diploma,
and to elect the Palatine of Hungary.

TURIN, FEB, 21.

Government has presented to the Senate a pro-
sect of law according the title of "King of Italy'
to Victor Emmanuel and his successors.
The project was received with loud cheers.

PARIS, FEB. 21,

The Patrie publishes a telegram from Vienna
announcing that the state of affairs in Hungary
is becoming very serious, and that several districts,
among which are Raab, Somogy, Pieterwardein,
and Buda, will be declared in a state of siege.