The Sun.
London, England, 1857-08-15 00:00:00

IMPERIAL PAR LIAM.ENT.

pier, and other members, Clause 25 was agreed to,
having occupied the committee during the whole sit-
ting, and a considerable portion of two others.
On clause 25,
Mr. PULLER moved as an amendment to leave
out " presented by a husband," and to insert " for
the dissolution of a marriage on any petition for
a decree of judicial separation on the ground
of adultery being presented.'' The object of the amend-
ment in connexion with one he had to propose on clause
31 was to provide that every party brought before a
court and found guilty of adultery should be punished
by fine or imprtornment, or fine and imprisonment at the
discretion of the judge. He admitted that this would
be a great innovation upon the existing law, but he
contended that it naturally, legitimately, and necessarily
grew out of the changes in the legal process which the
bill effected.
Mr. HENLEY said that the clause as it stood was
one-sided, and required amendment ; but he did not
think that anything about judicial separation ought to
be dragged into it. At the same time he considered
that both parties should have the same facilities for
going into court.
The ATTORNEY-GENERAL consented to modify
the clause so as protect the alleged adulteress by giving
to the Court a discretionary power to make her a co-
respondent in the suit.
Mr. Ayrton, Lord Lovaine, and Mr. Bovill having
offered some observations on the clause,
The CHAIRMAN reported progress, and obtained leave
to sit again.
Lord PALMERSTON said the bill would be pro-
ceeded with this evening. The house would meet to,
morrow at twelve o'clock, principally to pass certain
unopposed bills a stage, and the Divorce bill would be
proceeded with again at 12 o'clock on Monday.
MILITIA BILL.
This bill passed through committee.
MUTINY (EAST INDIA) BILL.
This bill was read a second time.
At four o'clock the house adjourned.
At six o'clock the house resumed.
PROBATES BILL.
_ _ _

HOUSE OF LORDS—(YESTERDAY.)
The LORD CRINCELLOR took his seat on the woolsack
at 5 o'clock.
resented a petition from a
Lord ST. LEONARDS p
person complaining that a suit which was instituted in
1833 was still undecided.
The LORD CHANCELLOR said he was at present
unacquainted with the suit referred to, but he would
wake inquiry into the subject. The noble and learned
lord remarked that suits were very frequently allowed
to sleep without the suitors taking steps to bring them
before the court.
Lord ST. LEONARDS, after a few observations on
the above petition, called attention to the present de-
fective state of the law of domicile.
Lord CAMPBELL said that legislation was much
required on this subject. He had been studying the law
of domicile for the last 40 years, and he did not even
now know at present where he was domiciled.
The LORD CHANCELLOR said the difficulty was
with respect to the question of fact not of law. The
subject was a very difficult one, and would require much
consideration.
THE EMBODIMENT OF THE MILITIA.

Lord ELLENBOROUGH said it was to be regretted
that the short time allowed for asking questions
should bo occupied with a debate on the law of
domicile. (Hear, hear.) The question he wished to
ask was one of the greatest interest, and therefore he
thought that he bad better avail himself of the present
moment to ask the noble lord the Secretary for War
what application he intended to make of the very inade-
quate sum of 200,0001. for the embodiment of the
militia 1 He of curse had no means of getting
official information, but he had taken -trouble
to get correct information on the subject he was
about to bring under the consideration of their
lordships' house. He assumed that 18 battalions had
either been sent or had been ordered to India ' • that
the five regiments that had been sent to China
had had their destination changed, that the five
regiments which stood next for foreign service had been
warned, that two regiments would leave the Cape
and proceed to India, and that the 37th Regi-
ment would be sent thither from Ceylon. At present
there were 22 battalions in India, and consequently when
the reinforce:, ents were all sentout there would be 52 bat-
talions of infantry, a larger force than was in the Crimea.
But when we had .50 battalions in the Crimea, what was
our position at home ? We were reduced to 11 batta-
hoes, but at the same time we had an effective militia
force of 66,000. Seventeen regiments were employed in the
Mediterranean garrison, and he assumed that the force
of these regiments amounted to 11,000. We bad
now at home eleven battalions, and it was
understood that three other regiments had been. ordered
home. We should, therefore, have twenty-one battalions
at home, while during the Crimean war we bad but 11.
He thought the 200,0001, would only enable the
Government to embody 9,000 men for six months, and
therefore taking into consideration the loss of the ser-
vice of 55,000 militiamen there would altogether be a
loss of the services of 33,000 less of armed men in the
country than we had during the Crimean war. He looked
upon the present war as of more importance than
that which occurred in the Crimea. Considering
the nature of the climate of India and the casualties
which always took place in operating against
an enemy, he was of opinion that this country would
require to raise 15,360 recruits annually to main-
tain the force in India in an efficient state.
He himself thought that the whole of the militia
should be embodied, and he was informed that the only
additional expense would be half a million sterling.

Me. lIADFIELD asked whether it was intended to
make English probates sufficient for all purposes in Eng-
land and Scotland, and vice versa ; also, whether it was
intended to make the Scotch confirmation effectual in
England and Ireland,
The ATTORNEY-GENERAL said it was the in-
tention of the Attorney-General for Ireland to introduce
a clause into the Irish Probate Bill to make Irish pro-
bates efficacious in England, and English probates in
Ireland. With respect to the other point of Scotch con-
firmations he was rather irresolute at present.
THE EUPHRATES VALLEY ROUTE TO INDIA,
Mr. T. S. ESTCOURT said he was compelled, by
the pressure of public business, to adopt the only course
open to an individual member to bring forward a matter
which he conceived to be of the greatest national im-
portance, and should therefore conclude with the
formal motion-that the house at its rising do ad-
journ until Monday next. In his endeavours to
bring forward this motion ho had met with great
and frequent disappointments. Twice when he had,pre-
cedence the day had been changed from a motion to ad
order day, and twice ho had been prevented from pre-
ceeding with his motion by the unavoidable absence of
the noble lord at the head of the Government. Ho N-
ever, they had at last the opportunity he bad so long
hoped for. There were two points on which he wished to
set himself right with the house. The first regarded him-
self. The range of subjects to which he usually turned his
attention in that house was of a humble character, hav-
ing reference to the comfort and wellbeing of his fellow-
subjects, and it might perhaps be considered presum-
tuous in him to advocate a question so important as the
laying down of a line of communication with our pos-
session in the East. Oue sentence, however, would
explain how it was that be came to take up this ques-
tion. A brother of his, who two years ago lost his life
in the Crimea, was sent 20 years ago to explore the
country through which the proposed line was to pass. He
could not but know from him something of the locality,
and of many of the main points bearing on this question,
and when his commander, General Chesney, some six
weeks ago applied to him to bring the subject before the
house he did not feel that be had any right to shrink
from it. (Hear.) The other preliminary point to which
he wished to refer regarded the Suez line of communica-
tion. He begged emphatically to declare that, accord-
ing to the best of his understanding, the line by the Eu-
phrates was not a competing line with that of Suez. The
line of the Euphrates would effect a saving of nine hun-
dred miles in distance, or equal to four or five days in
time. The line would commence at a port on the Orontes,
which would cost nothing, as it would be provided by
the Turkish Government up to Antioch. They would
pass the range of the Lebanon at a height of only about
1,100 feet above the level of toe sea, and they would
then debouch into the great plains of Mesopotamia, and
no plains on the face of the earth could be so favour-
able to engineering purposes. It might be suffi-
cient to stop at the Euphrates, because upon that
stream we already had ships and steamers. It
would be fur after consideration the carrying the line
down to the Persian Gulf. The proposed line would be
opposite to Kurrachee, which, he believed, would be
the great future entrepot for British industry to British
India. The commercial advantages of the proposition
which he now submitted would be enormous, for the
practical effect would be that India would be brought
trom eight V) ten days nearer to the country, He had
been told that all the shares had been taken, and' all
that the company required was security, because the
whole of the proposed lice would be laid down on foreign
Turkish territory—and as this was a national
uudertaking it was but fair that the Government of this
country should see that the property so created should
not be taken away from those who created. For
about sixty miles the line would pass over the territory
of the Arabs—those hereditary freebooters. For
four thousant years they had been predatory free-
bootere, but it must be remembered that a hundred
years ago the Highlanders of Scotland were as
great freebooters as the Arabs. (Laughter.) These free-
booters were bought off, and he believed that if the Arabs
could be shown that they conld get more by protecting
the railway than by robbing it, there would be no ap-
prehension from the Arabs. A contract for making the
line from the Mediterranean to the Euphrates had been
taken for 1,100,000?,, and the capital of the company
was 1,400,000?. The Turkish Government had given a
guarantee of 6 per cent, on that capital, and the security
of that amount would be 80,0001. a year, which would
be the amount of duties on goods conveyed by this rail-
way to Aleppo, and which would pass through the
hands of the company. What he asked was tnat this
scheme should receive that support from the State
which would enable it to be carried out. He was not
connected with the company, he spoke of the scheme
in the interests of the country generally. What
was asked of the Government was, that if in making
the line, and one or two years afterwards the mean"
of the company should not be sufficient to make
a certain return, the Government should assist the
scheme up to a certain amount. The utmost extent of
deficiency, as calculated by Sir J. Shiel, was 100,000/
in five years. Let them consider what an enormous ad-
vantage, at this moment, this railway would have been if
it had been constructed five years ago! Why, the rein-
forcements to India could have been sent out in one
month after the receipt of the news of the mutiny in

Lord PA.NNIURE said it was contemolatedio em-
ploy the 200,0001. for the embodiment of 10,000 of the
militia bet veen this and March 25. If it should become
necessary to embody the whole of the militia, circum-
stances would occur which would render it necessary to
summon Parliament. It was contemplated to employ
the militia in aid of garrisons which had been left by the
troops Lent to India. He did not wish to underrate the
evils that had occurred in India, but he did not share in
the alarm which was experienced. They had despatched,
or would despatch, almost immediately, armies of all
arms to the amount of 31,000 men, which would include
no recruit,t, but all formed troops, and would arrive at
the season when operations could he immediate, con-
stant, and without delay. He concurred in the necessity
of keeping up the complements of regiments at home
and abroad, and agreed that 15,000 men per annum would
be required for India. Allowing 5,000 for the same pur-
pose at home, that would make 20,000 men a-year ; but
he thought it would quite destroy the spirit of the militia
if they were to be told that the only thing it was good
for was, to form a sort of recruiting depot. The militia
was for the defence of the country at home, and if every
soldier had been drafted from this country in the late
war, the militia would have sufficed for the defence of
the country. He did not think that any cation was
likely from jealousy wantonly to seek a quarrel with us
because we had our hands Lll in India; bui`, if, by any
of those circumstances which the wisdom and prescience
of nations cannot forsee, we should be involved in war,
Parliament would be called together, and he had no fear
that we should not be able to provide for our national
defence. Recruiting was going on very actively, and as
the harvest would shortly be over, he had no doubt that
numbers would then flock to our standard. Without re-
sorting to impressment the Government had power, if '
necessary, to resort to the ballot for the militia—
which they would not do unless that it became abso-
lutely necessary. The ballot was practically a poll tax,
which in many cases amounted to 501., that sum being
frequently paid for a substitute. In respect to the news
from India, be reminded them that rumours which were
sometimes spread frequently turned out to be unfounded.
Lord CLANRICARDE said we were not at war.
We were interfering in a riot. We had got a mutiny,
and our fiat duty was to quell that mutiny.
Lord GRANVILLE said the difficulty of the ques-
tion would not be removed by legislation, He thought
the news was as favourable as could be expected. Bom-
bay and Madras remained firm.
After a few words from Lord CLA.NRIGA.RDE, the
subject dropped.
The Lunatics (Scotland) Bill was read a third time
and passed.
The Burial Act was reconsidered as to amendments.
The Bankruptcy and Insolvency Bills were read a
third time.
The amendments in the Married Women Reversion-
ary Interest Bill were agreed to.

The New Z aland Bills were read a third time and
passed.
The Ecclesiastical Commission Bill was read a second
time, and the House adjourned.

HOUSE OF COMMONS.—(YESTERDAY.)
The SPEAKER took the chair at 12 o'clock.
PRIVATE BUSINESS.
The Lords' amendments to the Mayor's Court of the
City of London Bill and the Newry and Enniskillen
Railway Bill were considered and agreed to.
DIVORCE AND MATRIMONIAL CAUSES BILL.
The house went into committee on this bill, resuming.
the considerafon of clause 25.
Lord JOHN MANNERS moved to insert the words,
" or of adultery preceded or followed by the commission

...,- i
of a crime for which the husband is sentenced to penal India. At present we could only send these reinforce.
servitude." ments by sailing vessels, and the troops might arrive out
Sir G. GREY complained that no notice had been in time only to grace the triumph of the insurgents. In
given of the amendment, which involved an entirely new a political point of vi.itv it was important they should
principle, which there had been no time to consider, adopt this railway, because it would have the effect
Under these circumstances he trusted that the committee of binding more strongly India to England. As a com-
would not sanction the amendment. mercial speculation it would be free from the mistrust
Mr. HENLEY thought that what the noble lord in. of other nations of being a military road kept up by
tended to convey was that desertion being now admitted tha Government for aggressive purposes. A. railway
one of the adjuncts of adultery for which divorce might through the Euphrates Valley would open up a coun-
be granted, absence under the sentence of a Court, con. try of great fertility, and in that point of view it
joined with the same circumstances of adultery, should would be superior to the other proposed line by way of
also be taken as a ground for divorce. The words Suez and the Red See. All that was asked for to
would, no doubt, reqaire very careful and close conside- carry out this 'line was a little help from the Govern-
ration. For example, if a woman had condoned the went, and a promise that this cointry would support it
offence of adultery on the part of the husband, she ought after it was made. Tu neglect those two essentials
not to possess the right to set up the case afresh. would be a great dereliction of duty on the part of the
Mr. GLADSTONE concurred with the Home Secre- Government. He looked upon the present time as be-
tary that the noble lord shouid take time to consider the ing Most favourable for the Government to grant Os"
matter, and that if he thought a discussion upon the aesitance asked. By their undertaltieg to do so they
question advisable, it should take place upon the re- would give an earnest of their pluck and constancy to-
port. wards India, and of their confidence and determination
Lord LOVAINE thought that divorces should be to hold possession of that country. (Hear.)
granted in cases of adultery followed by hopeless lunacy. Mr. CRAWFORD seconded the motion for adjourn-
He recommended the noble lord to postpone his amend- ment, to enable the subject to be entertained by the
ment for further consideration. house. Referring to the remarks of the hon. member,
Mr. HOPE opposed the amendment, and cited the Mr. Estcourt, he said that that gentleman had failed to
law of Sweden in confirmation of the undesirability of make allusion to a subject of great importance to In•
giving legal effect to such a provision as that recem- die, the establishment of telegraphic communication be-
mended by the noble lord. tween the two countries—the existence of which at
Mr. HEATH COTE supported the clause. the present moment would have been of the greatest
Mr. MALINS thought that there should be no advantage both to the Government and the relations
divorce unless there was an actual abandonment with of those residing in that country. lie looked upon
intention, in consequence ofadulterous connection. He the establishment of telegraphio communication be-
could not support the amendment, even if it were post- town the two countries of far greater import.
poned for future con-ideration. ante than the construction of a railway through the Eu-
Mr. DE VERB considered that the bill was not only phrates Valley, which, he thought, would be found not
not founded upon religious sanctions, but that, on to find so much favour with the public as the hon. mem-
the centrary it was entirely at variance with all religious ber appeared to think. The establishment of telegra-
Obligatione. With regard to the amendment of the noble phic communication with India would be of the greatest
i Lordh should feel it his duty to oppose it. advantage, and if carried out it should be by a company
J,
notice of the
MANNERS said he had no time to give as a commercial speculation, and not by the Govern-
clause by placing it onthe paper. The ment,
.who should only be called upon to assist the en-
gt er
and day,overnmen
thceat eB° determined to press the bill night terprise. The experience obtained relative to the for-
beyond their noses
members had not time to look an inch oration of railways in India was of advantage in con-
beyond Laughter.) Mr. NEWDE nection with the establishment of telegraphic communi-
4A-TEneonsidered that the bill was tin- cation with that country, and in order to establish the
wortliv of the learning t
•authors. be its
After some further discnsia similar manner to that given by the East India Company
posed by Lord John Manners
an
amwenittlidrawn.
Wet:Lithe amendment pro- to railways, which was by guaranteeing a certain part
Mr. STAPLETON moved of the expense for a priority of ties of the telegraph and
woman had obtained a deers
to the effect a representation of its intereA at the board of manage.
that when a
husband for the restitution of conjugal
rfiectagainst her went. There were two proposals before the public
committed by the husband, that and then fur carrying out telegraphic communication with
adultery was
should be India--one by way of the Euphrates Valley, aad
SU 1
If cient ground of divorce a rinculo.
a yopposed the amendment, of which the other by way of Suez, both being identical
Sir G. GIZE h, he i
and eventual! • n one respect, viz., that of taking
their de par.
said, he did not see the force, Yit Was lure from Alexandria and terminatingP
at Km--
withdrawn.
the r' • rachee, where the present telegraphs in India met, The No other amendments being proposed,juestion hon. member then detailed
'
was put that clause 2‘)
''' should stand part of the posed • the route of each of the pro-
lines, and said that on examination of their com-
parative merits
vestion.
' " that although he would Red Sea route, the preference must be in favour of the
Mr. GLADSTONE intimaoeo
prepared to would be free , be besides other advantaeee it
not himself move its omission, he should be
who might do so, in order with reference to the '
which appearedto •
exist
support any other member e
the tical comolicatio - Euphrates route irem fear of The
bill the opinion of the house upon the principle of . ns
arisinginL. . .
hon. gentleman condemned
connecoon with it. The
bill might be once more recorded. He then vindicated'
Ilea what he characterised
a
the conduct of the opponents of the bill from the charge ,covert desire on the part of the ro t
of obstruction, and expressed his hope that, as the most i phrates route to gain an expressipoo Inof° erti of the
difficult clause of the bill had been got over, more I house in its favour, and stated that if Parliamentoinion of that
rapid progress might be made with the remainder until ; think fit to authorise the Government to should
they got to o'ause 53, which they would all wish to have ! to the formation of telegraphic
communicationgloeassis ton ce
settled. 1 India by way of the Red Sea, that pers toith
one would te
Lord PALMERSTON accepted the declaration just I found ready to advance the necessary amount of capital,
twelve months arid keep it in repair
hurry the bill improperly through its stages. , for a certain period. ,
After some remarks hoot Lord John Rusk'', Mr, Na.. Mr. G.L.AII:I:O,NE after kioLue introductory remarks