The Sun.
London, England, 1857-06-13 00:00:00

ELECTION PETITIONS.

Lord DERBY thought the bill a very imperfect and
unsatisfactory measure. It proceeded on no principle
whatever, and left everything in a state of uncertainty.
The house then went into committee, and the several
clauses were agreed to.
DIVORCE AND MATRIMONIAL CAUSES
BILL.
The report of the amendments to this bill was brought
u Lord REDESDALE said he had given notice of cer.
tain amendments, the object of which teas to enable
those of her Majesty's subjects who from religious con-
victions (7,id not think themselves justified in asking for
a divorce to obtain a judicial separation in cases of adul-
tery, and to authorise the court in such cases to punish
the guilty parties. As the bill now stood the court had
not the power, unless a divorce was prayed for. He
shoult not, however, press the amendment on that
occasion.
The LORD CHANCELLOR said he had some amend-
ments to propose. After clause 6he proposed to insert
a clause enabling the c urt to pronounce a divorce for a
judicial separation in all cases where a divorce a mensal
et thoro might now he granted. By the 17th clause a I
judicial separation might be decreed after desertion for
two years. It might however happen that the absent
party would return, and be in a position to show that
the desertion was involuntary on his part—that he had
been imprisoned or cast on a desolate island. To meet
this case, he proposed to insert a clause authorising the
court to reverse the decree of dseiertion when it was
shown that it bad been obtained in the absence of the
party, and that there was reas amble ground for the de-
sertion. It might sometimes happen that parties who had
been separated would come together again ; in such case.
it was important to preserve the right of third part:e-
who had deslt with the wife as a femme sole. He there-
fore proposed that a book ehould he kept in the court,
in which parties should enter the fact of their return t
cohabitation, and until that was done the creditors should
retain all their rights against the wife.
On chose 49,
Earl NELSON proposed an amendment to the effect
that the rensarriage of the parties after a divorce should
be confined to a civil contract. By this bill they were
proposing to repeal an ecclesiastical statute which at
least professed to be based on scripture. Now, as the
advocates of the bill put the scriptural argument aside,
it was but common justice that they should not seek for
ecclesiastical means to carry it out. They could not ex-
pect that those clergymen who believd that these mar-
riages were contrary to the law of God would perform
them. (Hear, hear.)
The LORD CHANCELLOR hoped the house would
not accede to the amendment of the noble lord, which
proposed that marriages should take place before the
registrar. The law having said that these persons were
no longer man and wife, he could not understand the
scruples of those clergymen who said that the law en-
acted what was unlawful, and therefore they would not
conform to it.
The Bishop of ST. DAVIDS said that if the ques-
tion were simply argued with regard to the law of the
church, he should feel great difficulty in saying that
there could be a law of the church which was repugnant
to the law of the land. But with regard to the law of
God, it was impossible to override that, or that any law
could affect religious scruples entertained on that ground.
The avowed object and tendency of the measure was to
multiply the cases in which these marriages would be
contracted, and he thought they were bound to respect
the religious scruples of those clergymen who considered
such marriages contrary to God's law.
The Duke of ARGYLL said that the proposed amend-
ment would prohibit any clergyman, whether he had
scruples or no', from celebrating these marriages.
("No.") If that was not the 'effect of the amendineut
he was much mistaken. Tee amendment proposed to
omit the words " marry again," for the purpose of in
sorting " marry in the office of the registrar or any build-
ing registered under the Marriage Registration Act."
Et seemed to him that the amend cent was a st-T to-
wards the separation of church and state.
The Bishop of OXFORD said the noble duke had for-
gotten the effect of the act passed in the last session ot
parliament, because that act met the question he had
raised. The state of the law under that act and under
this amendment would be this, that the marriage might
take place in the office of the registrar ; but having
taken place in the office of the registrar, the parties
might have the services of a clergyman to superaid
the religious form. (Hear, hear.) All persons
therefore, who wished, might take advantage of this act
for the purpose of being legally married at the office of
the registrar, and they might to this superadd the reli-
gious ceremony, on the condition of obtaining the ser-
vices of a clergyman who felt no religious seruplesesin_
performing it. But he thought it was only wise,.B!ts
of
manlike, politic, and in accordance with thet prsineciclielrg
religions liberty, to respect the scruples o o
f h
men who thought these remarriages to be sinful. He
received a letter that day from a clergyman who
lbelong-
ed to what was called the evangelica portion
church, and who said that he and others of the clergy
had strong objections to the celebration of these mar-
riages. To adopt the amendment of the noble earl would
only be to follow in titrack of the act of last session.
Ho hoped, therefore:their lordships would adopt the
amendment. (Hear.)
Lord REDESDALE supported the amendment. They
permitted the Quakers to make an affirmation because
they entertained religious scruples to the taking of an
oath, and the scruples of the clergy against the perform-
ance of these marriages were entitled to equal respect.
(Hear, hear.) He confessed that if he were a clergyman
be should object, with his views as to the indissolubility
of the marriage tie, to marry these divorced parties.
Earl GR ANVILLE said he had no expectation, as at
present advised, that the Government would be able to
acquiesce in this amendment. Tho noble earl was willing
that the registrar should ratify the civil contract, while
the clergyman was to he relieved from the religious cere-
mony, as being opposed to the law of God. Was the re-
gistrar, then, to violate the law of God, while the cler-
gy man upheld it ?
After a short discussion, in the course of which the
Bishops of CASHEL and LLANDAFF supported the amend-
ment.
Earl GREY said that as the civil contract would be
sufficient legal contract, and as many clergymen bad
scruples in this matter, surely the house ought to PY
some respect to those scruples. It was admitted that the
law of the land was paratnount,but still religious scinplei

The SPEAKER announced that the petition against
the return of the hon. member for Athlone was objsc-
tionable, and the order for its discharge was read i+nd
agteed to.
PIMLICO IMPROVEMENT BILL.

Mr. SMItH, the examiner of petitions for private
bills, reported that the standing orders relative to the
Pimlico Improvement Bill had been complied with.
MARGATE WATER BILL.
On the motion of Mr. FOSTER, the bill was recom-
mitted.

THE ITALIAN LEGION.
➢Zajor S. KNOX presented a petition from the mem-
bers of the late Italian Legion, complaining that the Go-

vernment had broken faith with them.
RAILWAY TRAFFIC ACT.
Mr. GRIFFITH gave notice that he should bring in
a bat to repeal the 17 and 18 Vic., chap. 31, commonly

called the Railway Traffic Act.
THE STEAM NAVY.
Sir C. NAPIER, gl,ve notice that on the 7th July he
should move for a retur❑ of the number of steam vessels
in each harbour, the number of horse power, and whether
high or pres-ure, and screw or paddle wheel, &e.
Mr. LAURIE asked the Under Secretary for War,
whether the regiments at and on their passage to the
Mauritius had orders to proceed to China ; and whether
the pay would be at the same rate as the regiments now
quartered in India ; and, if not, why not ? He also re-
peated the question as to when the orders of the Medjidi
will be i-sued.
Sir J. RAMSDEN said the troops on their passage
to the Mauritius were only in the usual course of reltef.
The troops in China would onlf receive the usual pay
paid in Hong Kong. The list of persons ertitled to the
orders of the Medjidi would soon be published.

REFORMATORY SCHOOLS.
Sir EDWARD KERRISON asked the Secretary of
State for the Home Department, whether it was his
intention to introduce amendments iu the Reformatory
SchoGls Bill, to render more effectual the process of ob-
taining money from parents for the maintenance of their
cbildren in reformatory schools?
Sir G. GREY said be intended to give notice of a
clause relative to payment to be introduced in the bill
before the house.