The Sun.
London, England, 1857-05-26 00:00:00

IMPERIA

HOUSE OF LORDS.-(YESTERDAY.)

The LORD CHANCELLOR took his seat on the woolsack
at five o'clock.
Lord CAMPBELL presented a petition from Madras
complaining of the administration of justice in India, and
also one from the vestry of Marylebone, praying for the
establishment of a tribune' to arrange the amount of
compensation to be given to nersoes urjnstly convicted.
The Earl of MALMESBURY gave notice that on
Thursday next he should present a petition from the
proctors of Doctors' Commons on the subject of the
Testamentary Jurisdiction Bill.
THE OATH OF SUPREMACY.
The Earl of WICKLOW called the attention of their
lordships to a petition presented by the noble and
learned lord on the woolsack on Friday last from a gen-
tleman who had been appointed to a magistracy in the
county of Hertford, but from conscientious scruples
could not accept such appointment, in consequence of
his cbjection to take the oath of supremacy stating that
the rope had not any jurisdiction, spiritual or temporal,
within the realm, he believing that the Pope did exa-else
a spiritual jurisdiction over a certain portion of her
Majesty's subjects. He (Earl Wicklew) was not surprised
at such objection being made. It was stated that those
who took the oath, were in effect swearing that they
were members of the Church of England. A bill had
been introduced a few days ago, to alter the oaths taken
by members of Parliament, and to his great astonishment,
he found the oath was still retained. He trusted that
the Government would reconsider the subject and ex-
punge the objectionable words. He beggei to eel( the
noble lord on the woolsack whether be could hold out
any such hope. If he could not he should feel it his duty
to oppose the bill.
The LORD CHANCELLOR said the course pursued
by the noble earl was irregular. The proper time to
consider the objections of the nob'e earl would be when
the bill was under their lordships' consideration. The
noble earl could then move any amendment he thought
proper.
The Earl of WICKLOW said he expected just such
an answer as he had received. He,•however, would re-
mind their lordships that the bill would most likely come
up at a period of the session when it would be utterly im-
possible to consider it properly.
DIVORCE AND MATRIMONIAL CAUSES BILL.
Lord LYNDHURST said, before the house went into
committee, he wished to make a few observations re-
specting the bill. There was one prelinlinary
to be gone through in respect to the present
state of the law of divorce, to which he
had the strongest objections, he alluded to actions for
criminal conversation. An amendment had been made
in the bill to abolish the objectionable proceeding, but
the noble and learned lord who had embodied the
amendment had put it in such a shape as to make such
a provision more objectionable than the existing state of
the law. There was a strong feeling in favour of entirely
abolishing these actions, awl be earnestly urged the noble
and learned lord at once, and for ever, to abolish those
objectionable proceedings.
BUSINESS OF THE HOUSE.
Lord REDESDALE moved that no private bill be
read a second time after Monday, July 21 ; that no
bill confirming any provisional order of the Board of
Health, or authorising any inclosure of lands under special
report of the inclosure Comissioners for England
and Wales, or for confirming any scheme of the Charity
Commissioners for England and Wales, should be read a
second time after Monday, 21st July next. That when a
bill should have passed this house with amendments
these orders shall not apply to at.y new bill sent up from
the House of Commons which the chairman of com-
mittees should report to the house is substantially the
same as the bill so amended.
The motion was agreed to.
DIVORCE AND MATRIMONIAL CAUSES
BILL.
On the motion that their lordships go into committee
on this bill,
The Duke of NORFOLK moved that the Divorce and
Matrimonial Causes Bill be referred to a select com
'slitters, for the purpose of taking evidence and resolving
as to whether the permission for divorced persons to
marry again has any warrant in Holy Scripture.
The Bishop of ST. DAYIDS agreed with the Duke of
Norfolk, whom he highly eulogised, that the question
was both difficult and ambiguous. The Lord Chancellor,
like the Praetor with the philosophers of the different
sects, had congregated all the difficulties- together, and
supposed by his authority teat he could reconcile them.
Legis,ation in such matters was invariably futile and un-
fortunate. 14 confounded the free spirit of the Gospel with
the dead letter of the Mosaic law. Let them deal largely
with the question on the greater Christian principles,
not attempt to legislate for minor details. He feared this
bill, and he doubted its working. It would familiarise
divorce in the public mind as connected with the mar-
riage state and would by no means tend to increase the
number oepure and happy marriages.
The Earl of HARRO WBY supported the bill. As
for the Duke of N irfolk's suggestion of referring a par-
ticular clause to a committee, to ascertain whether it
agreed with a particular text of Scripture, he thought
such a council would not find its edicts very binding in
their lord-hip's house.
Lord REDESDALE thought the committee would
decide in opposition to the principles of the clause. He
would support the Duke of Nortolk's motion if pressed
to a division,
The Duke of ARGYLL thought this was an attempt
to get rid of the hill by a side wind.
Viscount DUNGANNON heartily supported the
motion for a committee.
Lord DENMAN commenced reading a speech on the
Divine permission to marry again in the New Testament
hut was interrupted by the Earl of Derby, as being out
of order in so doing.
On a division on the amendment thenumbers were :
Contents
Non-contents 26
Majorityagainst the amendment —27
The bode then went into committee, and Clauses 1 to
5 were aereed to. On Clause 6,
The LORD CHANCELLOR, in reply to a question
from Earl GREY, said that there would be but one court
under the bill, that it would sit in London, and he had
no intention to empower the County ourts to try
divorce cages.
Earl GREY asked how could the Lord Chancellor and
the other three judges who were to constitute this new
court devote their attention to it, when all the time they
had was even now fully preoccupied 3 The law, more-
over, must be brought within the means of all—else
bow could they hope to correct the brutality which every
police me port told them was so rife in the humbler classes!
The pool:diluents now inflicted too often aggravated the
evils they were intended to prevent and cure. The only
true remedy was to enable the wife to be separated from
her husband. But let the existing tribunals deal with
such cases.
Trio LORD CHANCELLOR said it would be easy to
have additional judges if the duties proved too heavy.
Lord DUNGANNON was sorry the measure was not
extended to Ireland.
The LORD CHANCELLOR said it should hereafter
be so extended.
After a few words of objection from Earl GREY, and
approbation from Lord Ceursene, the clause was agreed
to, as were o hers up to Clause 14.
Lord ST, LEONARDS proposed the insertion of a
clause to the effect that after a woman had beendeserted
by her husband for one year, she might, on application
before a magistrate, obtain an order of court preventing
all interference with any property acquired by her own
earnings, and protecting her, as by injunction in Chan-
cery, from all suits on the part of the husband or his cre-
ditors, placing them under penalty of fine and imprison-
ment, with further provision fur appeal to the court of
marriage and divorce.
The LORD CHANCELLOR objected to the clause
as complicated, and likely to lead to confusion. What
was to become of the children
Lord CAMPBELL thought the best remedy was a
legal separation. To refer such cases to justices would
lead to m ire c rate i
The Bishop of OXFORD said bore was a remedy short
of divorce. He hoped the motion would be pressed.
The Bishop of ST. DAVID'S said the property of the
wife would be safe and'-r this clause, but not her person.
Lord ST. LEONARDS replied that when a man de-
serted his wife it was plain be did not desire her person.
The Duke of ARGYLL said the justices would be sore
pressed to carry out these clauses.
Earl GREY mid that after all they must come, some-
how, to a separation, and that must be effected by a
local authority. If the man had the right to return to
the person of his wife, he must soon get hold of her pro-
perty.
The LORD CHANCELLOR objected to the clause
because it had no force until the husband returned after
deserting his wife. He might then take all her property,
while she only had the right to get protection for her
future earnings. They must, in fact, divorce the woman
so as to give her some status.
Lord ST. LEONARDS defended the clause.
DERBY
the suddenYsaidift desertedretain
of
prTotheectEhaerrlseolf p
f against
to plunder her, that would answer his objec
le lords had briefly
addressed the house, their lordships d; _
v
ided
.thierwonifh.euscboaunldd
......
After the Earl of WIOICLOW, the Bishop
and seven]. other reverend and nob of OXFORD,
For the clause
.......... 54
Against ................................. 14
.8
DERBY. Majority .................
13 to 2 agst Mr. F. Robinson's Anton (t and off) th the wife.
protection wi
equal
13 to 2 agst Lord Zetland's Skirmisher (offered) should have at leastnXFOßD said that by this clause a
The LORD C
Bto 1 agat Mr. J. S. Douglas's Tournament (taken, The Bishop of -
HANCELLOR thought the husband
9to 1 agat 111 r. Jackson's Saunterer (taken) nd his wife married to another.
11 to 1 agst Mr. Howard's Arsenal (taken) his children missicg, a
man might go to Australia_, and on his return would find
13 to 1 agst Mr. T. Parr's M.D. (taken) On clause 16.
15 to 1 agst Baron Rothschild's Sydney
The M a.rq uis oef We
eEmSpTI
aMi
nEe
dATOHf alludedprinted
pt on
pheirssand
into private matters, which we decline to publish.
(teeke 20 to 1) own
100 to 6 agst Mr.. Mellish's Adamas (taken and off) sad cane, and proposed a clause permitting the parties to
H
100 to 6 agst Mr. W. I'Anson's Stratbnaver (t and off) merry again.
100 to 6 aget Adm iral Harcourt's Wardermarske (t) slanders issued by
"a certain lady," and went other-
-100 to 6 agst Lord John Scott's Lady Hawthorn wise _
Upon clause 19.
30 to 1 eget Mr. :Bowes's Bird-in-the-Hand (taken) The Earl of DONOUGHMORE objected that there
30 to 1 agst Mr. IV. I'anson's Blink Bonny (taken)
was no power given to the wife to obtain a divorce for
40 to 1 agst Mr. C,eawfurd's Zu der Zee (off) adultery except it was accompanied by incest, bigamy,
50 to I agat Mr. W Oakyball (taken) or aggravated cruelty. He considered that the wife
101 to 1 agst Mr. J. Meriy's Special Licoose (taken)
should be put upon exactly the same footing as the has-
-100 to 1 aget Mr. E. 11. Cooper's King of
the Forest band, and he proposed to strike out all those words
(take in)
limiting the right of divorce on the ground of adultery
100 to 1 agst Mr. J. C. Wyndham's Glenmasson in the husband alone.
1000 to 10 agst Blink Bonny's winning this event and I The LORD CHANCELLOR said that subject had
the Or mks (taken) been fully discussed in committee.
Weise. The amendment to leave out the words was then put,
and their lordship; divided.
(taken)
'
Bto 1 agst Mr. Dawsos s Sneeze (taken) The numbers were--
4to 1 agst Mr. John S cotes Iroperieuse
M ss
10 to 1 agst Lord John tikertt s co.stinia (taken) Non-contents 7l
10 to 1 agst Mr. W. I'A tisan's Blink bonny (taken Contents 2O
10 to 1 agat Mr. G. W. Fitllwilliam's Aspaeda (t) Majority . ••.• —so
10 to 1 agst Mr. J. Oeborne:s Augury (takein)
The amendment was therefore lost,
16 to 1 apt Sir Q. Binnole!3 Vaulty (taken) Lord LYNDHURST proposed an amendment

The movements relative to Saunterer are not a little
perplexing. His owner backs him as if he had the cel-
lars of the Bank of England at his command, or as if he
had the stakes in his pocket. A misunderstanding, too,
has arisen between the owner of Saunterer and a well-
known member of the ring ; and this fact induces
many people to believe that the supp,,rt conceded to
the horse is as much the result of pique and tem-
per as of confidence. Saunterer is a small, strong
horse, admirably suited to the Derby course, and
should the reports respecting his short preparation and
his coughing be exaggerated, he may bring Mr. Jackson
triumphantly out of an awkward dilemma.
Fordham will have his first mount for a Derby to-
morrow. He will ride Tournament, and Fortune may
crown with success his first endeavour to carry off the
blue riband. Certainly he is lucky to make his debut in
the race on such an animal as Tournament. Yesterday
the horse was not in very steady demand ; but he be-
longs to a party that is not very powerful, and who do
not back horses simply for the sake co' keeping them in
the market. Tournament's performances prove him to
be the best public runner in the race; and were I con-
fident that he has improved on his two-year-old form, 1
should have little hesitation in selecting him for my
champion. Ho does not, however, appear to be grown,
and on that accountl am reluctantly compelled to with-
hold my confidence from him.

Sydney pleased " the judges" by his gallops since he
has been located at Epsom, and it is confidently expected
that he had he will prove Two Thousand running to be
quite a mistake. I, however, have little faith in horses
that ought to win races and never do. Sydney, it is
said, ought to have won the Clearwell, the Criterion, and
the Two Thousand, but should he be beaten to-morrow
I scarcely think the warmest of his admirers will again
lay the flattering unction to their soul, and say that he
ought to have won the Derby.
_

M.D., it is well known, belongs to Mr. Howard, who
has also Arsenal in the race. Tile "practitioner"
has disappointed the eognoscena by his coarse, unracing-
like appearance, whilst he has pleased others by the
showy manner in which he settles down to his work.
Mr.T. Parr is very confident in the soundness of M.D.'s
pretensions, but I cannot share his "fondness." Arsenal,
I expect, will run well fora mile, when he will be placed
hors de combat.

Of the horses in the 100 to 6 division, my fancy points
to Strathnaver, Wardermarske, and Adamas. Despite
the slight reaction that has commenced in favour of
Blink Bonny, to the first-mentioned will the hopes of her
party be confided. His running for the Dee
Stakes certainly entitles him to favourable con_
sideration. Wardersmarke will go to the post in
hatter condition than we have yet seen him,
and with Aldcroft's assistance he will indubitably
obtain a forward po,ition. Adamas, a "cast off" from
John Scott's stable; has risen into notice oa account of
his two races at Epsom in the spring, and compared
with the achievements of Canobie and Virago at the
same meeting in 1854-56, they unquestionably warrant
the good opinion which has been formed of him. Still
doubts are entertained whether he belongs to " a class"
good enough for the Derby ; but as he has had no oppor-
tunity for testing his qualifications, it is only fair to
accept him as a candidate for the blue ribband, certainly
not inferior to many that now enjoy high popularity.
Adamas will have the advantage of having been trained
on the ground, and he will be ridden by a jockey
(Wells) of whom it is not too much to say that he would
give his ears to win with Adamas.
M any people fancy that John Scott will repeat the
sensation which he created with'Daniel O'Rourke, by
winning with Bird-in-the-Hand. It must however, be
recollected that " the Wizard" has now no Frank But-
ler to ride for him ; no one that can come with one of
those terrific finishes and literally tam his horse first past
the chair. I have no faith in the Bird. Lady Haw-
thorn I cannot fancy for two reasons, first because I do
not like mares for the Derby, and secondly because, I
believe that she is thick winded.
I am at a loss to discover that "rank outsider" which
it has been stated will win the Derby, unless it be Mr.
Aubert's Victor, who was trained in Mr. Greville's
stable. He is a very fine horse and has been backed by
his owner for a considerable sum, and without further
preface, therefore, I shall express my deliberate convic-
tion that the winner of the Derby will be eitber

ANTON or ADANIAS.

SKIRMISHER and SAUNTERER may occupy the next
plsition.
For the present I shall merely state that my " fancy"
for the Oaks is in favour of Imperiense and Sneeze.
Tuesday Morning. A FRESH MAN.

TATTERS ALL'S—MoNpAy.

The last muster of turfites in London" befOrethe Derby
day took place this afternoon. The subscription-room was
crowded, and the yard was thronged with people from all
parts of the country. The betting was well calculated to
sustain the interest and curiosity excited by the approach-
ing race, for it underwent several significant changes.
Anton superseded Skirmisher as first favourite. Early in
the afternoon as little as 6 to 1 was taken about him ; at 13
to 2 the investments on him were in the aggregate about
2,0001. Offers were made to back him for 1,000 against
anything. Skirmisher was not supported ;he was no-
minally at 13 to 2, the highest offer on the field at the
close. 7 and 8 to 1 were betted against Tournament. A
renewed demonstration was made in favour of Saunterer
by his owner. 10 to 1 was taken to upwards of 7001,
and the last bet booked about him was 900 to 100. Both
Sprig of Shillelagh and Magnifier, who is likely to be
scratched, were friendless. M.D. was backed for 300/.
or 4001. at 13 to 1, and 14 to 1 " hedging money " was
laid to 3001. The odds quoted against Bird-in-the-Hand
were taken to 1001. Blink Bonny was in some request
for both Derby and Oaks. The outlays on the other
animals were too unimportant to require notico. Closing
prices :