The Sun.
London, England, 1857-11-28 00:00:00

rHEL SI3N LONDON,

that the validity of a marriage legal in the place
where it was contracted has been questioned,
with the single exception of that of the Duke of
SUSSEX. Sir FITZROY KELLY clearly explained
the distinction between that case, which arose
under a totally different law—the Royal Marriage
Aet—imposing personal restrictions on certain

members of the Royal Family, and those occur-
ring under the Act of 1835. The former might
reasonably be regarded as binding on the parties
in all parts of the world, although grave doubts
were entertained of its operation, save so far as
the succession to the Crown was concerned, and
many sound lawyers conceived the arguments
of Sir THOMAS WILD; afterwards Lord TRURO,
to have been conclusive on the point, but Lord
LYNDHURST'S Act was clearly local in character. It
did not even extend to the whole of the United
Kingdom. Scotland was specially excluded from
its operation, "Provided always, and be it enacted
that nothing in this act shall be .construed to
extend to that part of the Uhited Kingdom called
Scotland," is one of the express provisions of the
statute, and, a fortiori, it cannot be considered
applicable to any other country not under the
jurisdiction of the British Parliament.

The attempt that has been made to brand with
illegitimacy innocent children, perfectly legitimate
in every Protestant state in Europe, is to say the
best of it very ungracious. The stale pretext that it
was for the spiritual welfare—pro salute animce—
of the party, cannot be advanced in this instance.
Death had already dissolved the union. The
fastidious prejudices even of HARRY of Exeter could
no longer be offended by persons not acting in ac-
cordance with his extreme views. Why, then,
this extreme rigour, this excessive zeal on the part
of the law• authorities of the Crown ? Simply to
levy exorbitant legacy duties, to get ten in place
of one per cent., and for this purpose they are
willing to impose civil and religious disabilities of
the most objectionable character, on high-minded
and honourable persons.
Divers opinions prevail respecting the pro-
priety of these marriages. The Church of Eng-
land is divided on the subject. Many of the
most respectable clergymen consider that there is
no valid reason that can be assigned against them.
Such a union is certainly not ma/um in se. It is no
longer contended that the 18 Leviticus, 18 verse,
is applicable. The very words relied on, " Nei-
ther shalt thou take a wife to her sister to vex her
* * * beside the other in her lifetime." Here
the very reason is assigned. It is that it would
vex the first wife ; and there is no maxim better
recognised than that which declares, Cessat ratio,
cessat lex. A dead wife cannot be vexed by any
subsequent nuptials of her husband. But there
is even a stronger ground—the operation is ex-
pressly limited to the lifetime of the first wife,
and there is, therefore, an implied permission to
form such an alliance after the termination of the
disability. In America these marriages are, as
Judge STORY informs us, common in almost
all the States "and so far from being
doubtful in their moral tendency, they are
deemed the very best sort of marriages ;"
emphatically adding, " In my whole life I never
heard the slightest suggestion against them,
founded on domestic or moral considerations."
In addition to this they are recognised in every
Protestant country in Europe, with the exception
of some small States in Switzerland. But the
most important point of all is, that by the nume-`
rous Dissenters in England—a majority of the.
Protestant population—it is not considered that
these marriages are either interdicted by Holy
Writ, or that they are themielves in any degree
• reprehensible. Now, why should this influential
. body be restricted in the tenderest point The
selection of a partner for lift —one who can confer
• happiness on the father and be a faithful guardian
of the infant children. Why should a doubtful
Canon of the Church of England—not recognised
by a large proportion of the clergy, bind these
independent men who take the Scriptures as their
only guide ? Why should they be bound by the
fancies of the Bishop of EXETER or of the Oxford
pet ? They are sufficiently numerous and influen-
tial to insist on justice, to declare that they shall
not be slaves to fanatics.
The arguments of Sir F. KELLY are unanswer-
able. He has proved beyond the possibility of
doubt that a marriage in almost any Protestant
country in Europe, is binding to all intents and
purposes : that the children are legitimate, and
that there is no social or political disability arising
therefrom. Were it otherwise, we might
witness such an anomaly as a man baying
two legal wives and two legitimate families
—the one recognised at Altona or Hamburg, the
other in England. The case of the QUEEN v.
CHADWICK is not at all in point, for that wr.a a
criminal case, where, of course, the prisoner in
the dock, of whose moral guilt there could be no
question, was entitled to, and received the benefit
of the doubt. We are not displeased at the ven-
tilation of this question. Truth always benefits
by discussion, and we earnestly trust that the
result will be the enactment of a law removing one
of the latest and most intolerable remnants of the
penal code from the national statute-book.

Her Majesty has signified her gracious intention o
opening the Session of Parliament in person.

CABINET COUNCIL.—A. Cabinet Council was held yes-
terday, at the official residence of the First Lord of th•
Treasury, in Downing-street. The Ministers present
were Viscount Palmerston, the Lord Chancellor, the
Marquis of Lansdowne, the Earl of Harrosvby, Sir
George Grey, the Earl of Clarendon, Mr. Secretary
Labouchere, the Chancellor of the Exchequer' Sir
Charles Wood, the Right Hon R. Vernon Smith, the
Duke of Argyll,.and the Right Hon. M. T. Baines.
The Duke and, -Duchess. of Sutherland, and Lordx
Albert and Ronald Loveson Gower have arrived at
Worksop Manor, Notts' on a visit to Lord and Lady
Foley, from the Earl of Carlisle's seat, Castle Howard,
York-hire. The noble duke and duchess are expectel
at Stafford-house early in the ensuing week.
The Duke and Duchess of Marlborough are visiting
the Marchioness (Frances Anne) of Londonderry at
Wynyard-park, Stockton-on-Tees. His grace comes to
town early next week.
The Earl and Countess Craven and the Ladies Craven
have retnrued to town from a tour of visits. The n A's
earl and her ladyship wi'l leave London in a few days
for Ashdown-park.
The Countess Dowager of Essex and Miss Johnstore
returned to Bslurave-square a few days since from a
tour of visits. The c ,untess has since left for Paris.
Frances Countess Waldegrave and Mr. Harcourt,
M.P , have returned to town from Strawberry Hill,
Twickenham, where they have been eatertaining com-
pany for some time past.
The Earl and Countess of Sandwich are passing the
season at Hinchinbroke House, Huntingdonshire.
The Earl and Countess of Caruperdown and Lady
Elizabeth Duncan arrived in town, yesterday, from
Scotland.

The Eva Howe left town, yesterday, to join his family
circle at Gopsall, Leicestershire.
The Earl of Lii.towel arrived in town on Wednesday
from Melton Mowbray.
Visaourit and Viscountess Villiers arrived in town on
Wednesday from Upton Hall, War.vickshire, and leave
to-Jay to join the circle visiting the Earl of Cardigan, at
Doan Park. . .

Lord and Lady Aveland have been entertaining a
succession of company, during the past month, at Nor-
manton Park, Rutlandshire. The circle broke up last
week, prep .ratory to the removal of the family to town
for the Parliamentary session.
Lady Dover is staying with Lord and Lady Bagot,
at Blithfieli Hall, Staffordshire. The Hon. Leopold
Ellis has arrived at Dover House, from visiting the
Marquis and Marchioness of Stafford, at Lillashall Salop.
The Lady Howard de Walden and the Hen. Misses
Ellis have arrived at Claridge's Hotel, from a tour of
vi: its in the north.
Lady Marian Alford will leave town at the latter end
of next a e k, for Rome.
Lord Harry Vane is confined to his residenoe in
Grosvenor-place, by slight indisposition.
Lord Dafferin arrived at Hatfield House, a few days
since, on a visit to the Marquis and Marchioness of
Salisbury.