The Sun.
London, England, 1844-05-24 00:00:00

rut SUN, LO'NDON; FRIDAY MORNING, MAY 24, 1844.

LAW INTELLIGENCE
HOUSE OF LORDS, May 23.
THE DUKEDOM OF SUSSEX.
Yesterday having been specially appointed for their Lord-
ships sitting in a Committee of Privileges, on the claim of
Sir Augustus Frederick D'Este to the Dukedom of Sussex,
long before the hour of their Lordships meeting (ten o'clock)
the lobbies and avenues to the House were crowded by per-
sons anxious to hear the arguments in the case.
Shortly after ten o'clock their Lordships formed themselves
into a Committee. Among the Peers present we noticed the
Lord Chancellor, the Earl of Shaftesbury, Lord Brougham,
Lord Cottenham, Lord Campbell, Lord Langdale, Lord
Dinorben, Lord Auckland, Lord Redesdale, Lord Camo s,
Lord Beaumont, Lord Strangford, Lord Sudeley, Lord
Sondes, the Marquis of Normanby, and Lord Cloncurry.
The Judges were also in attendance, and among them we
noticed Lord Denman, the Lord Chief Justice of the Court
of Common Pleas, the Lord Chief Baron of the Court of
Exchequer, Mr. Baron Parke, Mr. Justice Coltman, Mr.
Justice Patteson, Mr. Justice Williams, and Mr. Justice
Cresswell.
Sir Thomas Wilde, Mr. Erle, and Mr. James Wilde ap-
peared as Counsel on behalf of the claimant, and the Attorney
and Solicitor-Generals, together with Mr. Waddington, were
for the Crown.
Sir Thomas WILDE then proceeded to open tie case
on the part of the claimant, Sir Augustus D'Este. its
their Lordships must be well aware, from the notoriety
of the proceedings, the claimant was the only
male issue of a marriage celebrated at Rome in 1793,
between his late Royal Highness the Duke of Sussex
and Lady Augusta Murray, daughter of the Earl of Dun-
more. This marriage took place without previous com-
munication to his late Majesty King George the Third, and
the whole transaction was conducted with the strictest se-
crecy, the Prince being desirous that it should not become
known to his Royal parent until he himself should communi-
cate the information in the manner which he should deem to
be the most likely to assuage the King's anticipated dis-
pleasure. Notwithstanding the endeavours which were
used to secure concealment, yet, from some un •
known means, an impression very generally prevailed
in Rome of the fact almost immediately after it
occurred, and it became the subject of much conversation
among the fashionable residents there. The Prince returned
to England in the month of September in the same year, and
whilst he hesitated to make his intended communication to
the King the marriage became known to his Majesty.
The King was displeased at the event, and from the time it
came to his knowledge every endeavour was made to cause a
separation of the Prince from his wife. This was accom-
plished, in the first instance, by his Royal Highness being
immediately sent abroad, and after several short periods of
residence together the desired object of a permanent separa-
tion was attained in the year 1806 ; the claimant and a
daughter being the only children of the marriage.
At the time of the separation an annuity was secured to
the claimant's mother of 4,0001. per annum, and his Royal
Highness had received Letters Patent and a Parliamentary
grant of 18,0001. per annum.
The claimant's father, the late Duke of Sussex, died on the
21st day of April, 1843, and was buried in the cemetery at
Kensal-green on the 4th of May, 1843 ; and the dignities of
Baron of Arklow, Earl of Inverness, and Duke of Sussex de-
volved upon the claimant, his only son and heir.
On the death of his Royal Parent the claimant presented
his petition to her Majesty, claiming the dignities of Baron
of Arklow, Earl of Inverness, and Duke of Sussex, which
petition was referred to the consideration of the Attorney-
General, who, having heard evidence in support of its allega-
tions, made his report thereon in the month of August, 1843.
The Learned Counsel then proceeded at some length to
argue that there could be no doubt of the affection of the late
Duke of Sussex for Lady Augusta Murray, and that they
were legally married, and as evidence of the affection that
existed between them, and their full knowledge that the act
they were about to do was to all intents and purposes a valid
marriage, he read several extracts from the correspondence
that passed between them, among which was the following :
" On my knees before God our Creator, I Augustus Frede-
rick promise thee Augusta Murray, and swear upon the
Bible, as I hope for salvation in the world to come, that I
will take thee Augusta Murray for my wife ; for better for
worse ; for richer for poorer ; in sickness and in health ; to love
and to cherish till death us do part ; to love but thee only,
and none other; and may God forget me if I ever forget
thee. The Lord's name be praised ! So bless me ! So bless us,
0 God! And with my handwriting do I Augustus Frederick
this sign, March the 21st, 1793, at Rome, and put my seal
to it, and my name.
(L.S.) " AUGUSTUS FREDERICK.
" (Completed at Rome, April 4th, 1793.) "
" March 21st, 1793. Rome.
" On my knees before God my Creator, I Augusta Murray
promise and swear upon the Bible, as I hope for salvation in
the world to come, to take thee Augustus Frederick for my
husband ; for better for worse ; for richer for poorer ; in sick-
ness and in health ; to love and to cherish till death us do
part. So bless me, God, and sign this.
" AUGUSTA MURRAY."
But this was not all—he would read to their Lordships letters
from which it would appear that the most ardent affection
existed between the Prince and Lady Augusta Murray, and
that the former was so enamoured of her that he even re-
fused himself the necessaries of life till she decided whether
she would marry him or not. One of the letters sent
by his Royal Highness to Lady Augusta Murray,
previous to their marriage, was to the following effect :
" Do, my dearest Augusta, trust me, I never will abuse the
confidence you put in me, and more and more will endeavour
to deserve it. I only wait for your orders to speak to Mr.
Gunn. Say only that you wish me to do it, and I will hasten
to get a positive answer. See, my soul, it only depends upon
you to speak ; thy Augustus thou wilt find ready as at all
times to serve you. He thinks, he dreams of nothing but to
make thee happy. Can he not succeed in this all his hopes are
gone ; life will be nothing to him ; he will pass the day in
one constant melancholy, wishing them soon to conclude, and
finding every one longer than the other. Indeed, my Augusta,
that cannot be the case; my solemn oath is given, and that
can never be recalled. lam yours, my soul, ever yours.

sion seem to have laid an embargo on their powers of
speech, lest a phrase should escape their lips which
might be interpreted into a meaning of either commen-
dation or blame of Lord Ellenborough's general
policy, or individual conduct. His Lordship's name was
not even mentioned ; nor was an allusion made to him,
personally or officially, by one of the speakers. Lord
Ellenborough might as well have been born before
the Flood, or never been born at all, so completely was
his Lordship kept out of view during the proceedings
of the banquet given in honour of his successor ! Good
taste induced the Chairman of the Court of Directors
to refrain from touching on the painful and dangerous
theme. The extreme course which the Hon. Court had
been compelled to take had stopped the mischievous
freaks of the Noble Lord, whom her Majesty's Ministers
would still have kept in India, to the peril of the em-
pire, and the rapid deterioration of the Company's reve-
nue; and there was no use in provoking a return to an
ungrateful topic, and scarcely cooled cauldron of strife. The
newly-appointed Governor-General was, of course, con-
fined to general expressions of his firm determina-
tion to govern India upon a policy calculated to
secure the peace, preserve the integrity, and pro-
mote the interests of our Eastern empire. There
runs, however, throughout Sir H. Hardinge's speech,
a promise of pacific policy, as that which it will be
his earnest wish and aim to maintain in his admistra-
tion, which we can hardly conceive would have been
iterated, and reiterated, without some meaning. Re-
membering that Lord Ellenborough's Indian admi-
nistration has been marked by military expeditions ;
that blood and conquest have been the distinguishing
and almost exclusive characteristics of his government ;
the emphatic pledges given by Sir H. Hardinge, that
" Peace ' should be the aim of his policy and the pur-
pose of his heart, may—without any forced construction,
at least so it appears to us—be taken as intended to
indicate that, in this particular, he would cautiously ab-
stain from following in the wake of his predecessor. The
Duke seemed to be in excellent humour. His friend
and companion, both in the field and in the Cabinet, had
been appointed to the highly honourable and im-
portant post from which Lord Ellenborough was re-
called. This had apparently obliterated from his feelings,
if not from his memory, all trace of the " monstrous in-
discretion" he had so recently denounced. Whatever
his Grace had thought, and said, respecting the Court
of Directors, and the necessity of putting a curb on
them—that no more such " indiscretions " as that they
had been guilty of in recalling a Governor-General,
without leave and license from the Ministers, might be
committed—it was obvious that the Duke was now satis-
fied that they knew how to use their power with discre-
tion ; seeing they had appointed his Gallant and Right.
Honourable Friend to the honourable and lucrative post.
The Premier was hoarse—from the effects of a severe
cold. His speech was therefore short ; but his words
were also well chosen. One uninterrupted flow of
smooth compliment to the inimitably-qualified indi-
vidual, whom the discernment of the Court of Directors
had led them to select for the high honour and great
responsibility pertaining to the government of an empire
so vast, constituted the staple of Sir Robert Peel's ora-
tion. The last occasion, until Lord Ellenborough's return
—which will not take place until after the prorogation
has passed, without any direct, or indirect, intima-
tion of the cause which required such an extraordinary
exercise of the power vested in the Court of Directors ;
by which, in the teeth of the Cabinet, they have re-
called the Noble Lord from his important post. One
of the earliest motions to which the attention of
Parliament will be called in the next session, will in-
volve an inquiry into Lord Ellenborough's adminis-
tration. His Lordship and the Cabinet which suggested
his fitness for the office, and obtained his appointment
to it, will be then put upon their defence. The Go-
vernment may be desirous of suppressing the inquiry.
It may again refuse to produce the correspondence
that has passed between the Court of Directors and the
Board of Control upon the subject. But, we apprehend,
Lord Ellenborough will not remain quiescent. The blow
which his Lordship has received, in his most sensitive
part, from the Hon. Company, and the marked silence
which her Majesty's Ministers have preserved on the
subject, leaving the public to infer the worst against his
fame, will, we apprehend, induce the Noble Lord to sup-
ply that which, if withheld by him, will be taken as an
unequivocal admission against himself.
STANDARD.—The petition of Sir Augustus D'Este,
now before the House of Lords, recalls public attention
to the Royal Marriage Act of 1772. Sir Augustus
D'Este, it is known, claims to succeed to his late
father as Duke of Sussex, grounding his claim
upon a marriage celebrated between his pa-
rents, at Rome, in April, 1792. There was a second
marriage celebrated between the same parties, the
late Duke of Sussex and Lady Augusta Mur-
ray, in December, 1793, at St. George's, Hanover-
square : but as this second marriage has been long
since pronounced to be ab initio void, the first marriage
is the only marriage relied upon by Sir Augustus. This
first marriage was, as we learn, celebrated at Rome, not
according to the lex loci, but by a clergyman of the Church
of England, the Duke being at the time a minor, circum-
stances that, in our opinion, would invalidate the marriage
even had the Royal Marriage Act never passed, or were
the parties wholly unconnected with the Royal Family.
Even supposing that the English form of contract, had
been sufficient to give validity to the marriage, it is plain
that the English conditions in the substance of the con-
tract (one of which is consent of parents in the
case of a minor) were requisite ; but in this case
the alleged husband was a minor. Supposing this
general objection, however, got over, there will remain
the Royal Marriage Act of 1772, which provides " that
no descendant of his late Majesty George 11. shall be
capable of contracting matrimony without the previous
consent of his Majesty, his heirs or successors, signified
under the Great Seal ; and that every marriage or
matrimonial contract of any such descendant, without
such consent first had and obtained, shall be null and
void to all intents and purposes whatsoever." The
only question that can be raised against the invalidity
of the Duke of Sussex's marriage upon this statute, re-
spects the power of the Legislature to extend the au-
thority of British law, even in the case of British sub-
jects, beyond the limits of the British dominions. Now,
much as we may regret the effect of the decision
upon the interests of Sir Augustus D'Este,
we have no doubt whatever that it must be
decided that the Legislature does possess this power.
We think that we see clear evidences of the ex-
istence of such a power from the public law of
Christendom, and from the common and statute law
of this country. The right to protection and the
obligation to allegiance are reciprocal, and in public
law we see admitted the right of a Government
to protect its subjects, to reclaim its subjects from
foreigners, whether voluntary or involuntary absentees,
except this right is qualified by treaty ; and in the
every day administration of justice we hear the common
law and statute law doctrine, that wrongs committed
abroad may be righted at home, and that crimes
committed against Englishmen, though beyond the
Queen's dominions, may be punished by her Majesty's
Courts. It is impossible to doubt, in the face of so
many proofs, that the authority of a law personally dis-
qualifying any individual or any family from the per-
formance of any particular act, must attend the indi-
vidual or family wheresoever he should go. That this was
the conviction of the framers of the Act of 1772 is quite
clear ; for if they had regarded the authority of the Legis-
lature as merely local, they would have spared them-
selves the trouble of a law which any couple could evade
at any moment by merely crossing the Channel. We
fear, therefore, that Sir Augustus D'Este has little to
expect from his petition; and we certainly regret the
individual case, because we believe that the individual
hardship falls upon an amiable and honourable man.

. . .
" Have 'you wrote to me, my soul, since dinner ? Have
you told me what I want to know? Has the Abbe been with
you ? He must bring good news."
The following was the answer of Lady Augusta Murray to
that letter :
" Again I have confidence, again I have trust in our future
endeavours. Forgive me, my treasure, my soul's joy, for
having given you a moment's uneasiness by my past anxie-
ties ; but I agree with you, say beloved Prince t I think Mr.
Gunn ought not to be spoken to but as the last extremity.
The Abbe is employed busily about finding amongthe Greeks
or Americans a pasteur or patriarche ; and this evening he
comes to tell me what has been the end of his researches."
Now to show the deep affection that existed between the
Duke and Lady Augusta Murray, he would read a letter that
was written by Lady Augusta Murray to the Duke of Sussex,
and his Royal Highness's answer:—
"When I returned home in the evening, oh, my Maker,
what comfort, what satisfaction awaited me I My beloved
treasure, I am then to call you really my husband and my
lord. My life is then to be spent in trying to make the hap-
piness of yours.
And oh, Father Almighty I have solemnly
m
let me ever view it in that light, and
my
husband. How sacred, how blest an en-
joyment Lord,
sworn to dedicate the remainder of my days in adoring you,
and in
l pleasoinhg,
act as becomes a grateful mind, replete with love, and a deep
sense my Almighty Friend, and to him
„
"By all that I have said you see, my soul's delight, that
givetied
to you
anything
u that may in future be
up all
whatever you will ask I will do, and even feel the happier for
doing; but you must also see that if our marriage does not
all your promises ; I will
disagreeable to you; and I here assure you, that whenever
not
te sufferp la ee
you at Rtoomfeeell
you tell me that Nou love me no more, without uttering a
complaint, I will submit to my destiny, and return those dear
letters that charm my hours of solitude, and have endeared
you so much to the heart of your ever devoted Augusta. When
I had written so far, your dear, your angelic letter came, my
only love, and I copied what you desired me, and return it to you
happier than words can express or fancy conceive. You
know, my dearest Prince, that I will promise you upon all
that is sacred never to name Mr. Gunn as the author of our
happiness ; and if lie wishes me to sign any paper with you,
to that effect I am quite ready My mother goes
out to-morrow at one. If Mr. Gunn wishes to speak to me,
he had better call after that time, but not ask if she is at
home, only come up immediately. Would it 'not be better
for him not to be seen at this house? If you will write me a
copy of the promise I am to make him I will do it properly."
The following letter was then sent by the Prince to Lady
Augusta Murray :
" Will you allow me to come this evening? It is my only
hope ; oh, let me come, and we will send for Gunn. Every-
thing but this is hateful to me; more than forty-eight hours
have I passed without the smallest nourishment. Oh, let me
not live so. Death is certainly better than this, which if in
forty-eight hours it has not taken place must follow; for by
all that is holy till when I am married I will eat nothing,
and if I am not to be married the promise shall die with me;
I am resolute; nothing in the world shall alter my determi-
nation. If Gunn will not marry me I will die. . . •
1 will be conducted in everything by you, but I must be mar •
ned or die. I would rather see none of my family than be
deprived of you. You alone can make me ; you alone shall,
this evening. I will sooner drop than give you up. Good
God, how I feel ! and, my love, to be doubted sincere and
warm. The Lord knows the truth of it; and, as I say,
if in forty-eight hours 1 am not married, lam no more. Oh,
Augusta, my soul, let us try ; let me come ; I am capable
of everything; I fear nothing; and Mr. Gunn, seeing our
resolution, will agree. lam half dead. Good God I what
will become of me ? I shall go mad most undoubtedly. . . .
"Augusta, you arenone other but mine, and shall be mine
to-night ; for which reason I will not bid adieu. Abort seven
I will beat your house, and you might writs to Mr. Gunn to
be there at eight, for to put eve! ything in order before he
comes. If he find me there, he will agree, lam sure. . . .
"How could you think that Gunn had made me alter my opts
nion ? My unhappy note of this morning will prove into you,
Augusta, if ever you loved me. Let us try this experiment ; it
cannot fail ; when he sees us together he will yield, and we
shall be so happy. God knows how my thoughts are. If you
knew them you never could refuse. In short, my determina-
tion is thee in forty-eight hours, or death. . ......
" Oh, let me come! What a dreadful situation lam in,
and how can I be otherwise, when she, for whom I was tak-
ing care of myself, will not have ma. Life is a burthen ; but
if Augusta will yield, this night will I be hers, and she mine.
In every point I will follow her directions. Augusta, listen
to my prayer, pray do. lamin a state that truly deserves
pity. Oh, pity me then, shed a tear of compassion upon me,
and welcome me to-night. - •
" Oh, let me come only, to-night, this night, and we shall
be blessed. Get your note ready for Gunn. If you will allow
me, soon after seven I will" be at your house, and not care a
word for what any one says, but go directly to our room."
To this letter Lady Augusta Murray returned the following

MONEY MARKET and CITY NEWS.

FROM Tax MORNING PAPERS OF YESTERDAY.
CITY, WEDNESDAY EVENING,

TIMES.—It will have been observed that the demand
fur Bank Stock has increased, and that the price has
risen since the further disclosure which took place on
Monday relative to Sir R. Peel's views on the banking
question. This is accounted for by the fact that it took
the public some time to ascertain the real merits of the
new measure, awl that the further explanation was in
some degree necessary before its whole bearing could be
perceived. Now it is seen that stability at least is
secured ; that precaution exists against those violent
crashes by which the mercantile world has been so often
disturbed, and that, whereas things could not be in a
worse position than they were, there is now evidently
a check against violent mischief. All who most clearly
understand the position of the Bank of England, in-
cluding those who would be the first to feel annoyance
were any plan adopted contrury to the interests of that
institution, seem to consider the measure, for the mature
consideration of which they have now had time, one of
the best, both for the public generally and the lank it-
self, tharcould have been adopted.
The public are anxious to know how the separation of
the Bank into an issuing and a banking department will
be brought about, imagining, perhaps, that the machi-
nery by which the change is to be effected will be ex-
tremely complicated. As far as we can learn, nothing
will be more simple ; in fact, it is said that the plan will
almost " work itself." A few offices may perhaps be
opened to mark out more plainly the distinction between
the two departments, but these will doubtless be regu-
lated on the plainest principles. Thus, there may be an
office for changing notes for coin, another for changing
coin for notes, a third for changing notes for other notes,
in case those in circulation should be worn out, or the
holder should want paper of a different denomination.
With the exception of novelties like these, which, after
all, will be merely formal, as the same work is already
carried on in other departments, little or no alteration is
to be expected.
The form in which the weekly returns are to be made
is not yet known, but will most likely be regulated by a
schedule attached to the Bill.

answer :
" My treasure, my dearest life and love, how can I refuse
you ; and yet dare I trust to the happiness your letter pro-
mises me ? You shall come if you wish it ; yen shall do as
you like; my whole soul rejoices in the assurances of your
love, and to your exertions I will trust. I will send to --,
but I fear the badness of the night will prevent his
coming. My mother has ordered her carriage at past
seven, and will not, I fear, be out before the half hour
after. To be yours to-night seems a dream that I
cannot make out ; the whole day have I been plunged in
misery, and now to awake to joy is a felicity that is beyond
my ideas of bliss. I doubt its success ; but do as you will ;
I am what you will ; your will must be mine ; and no will can
ever be dearer to me—more mine, than that of my Augustus
—my lover, my all. Don't be angry at my not adding my
husband. I cannot any more say till marriage sanctions
it. Forgive my doubts—my fears. They are excusable in
Augusta.''
The Learned Counsel, after detailing the facts connected
with the marriage, proceeded at considerable length to
argue that the marriage was legal, that the Royal Marriage
Act did not operate upon marriages contracted in
a foreign country; and that, therefore, the claimant
was entitled to the honour he was seeking.. The
descendants of George are -,mit to choose their wives,
they are not to be restricted in this way for any limited time,
but for ever. To what generations was this to extend ? To
how manymillions might not the provisions of this Act ex-
tend ? It ought, therefore, to be watched most narrowly.
It inevitablywould condemn many to a life of celibacy.
Their Lords would not enter into the question of the policy
of the Act, but they would consider the nature of the Act

DETERMINED SUICIDE. Wednesday afternoons
much excitement was occasioned in the town of Kensington,
by the discovery that Mr. Matthew Orpwood, the landlord
of the George Inn, Church-lane, leading from the High-street
to Kensington Gravel-pits, had committeed suicide by hang-
ing himself. It appeared that the deceased, who was between
40 and 50 years of age, got up yesterday morning in his
usual good health, without his family noticing any difference
in his appearance or behaviour. Shortly after eleven o'clock,
he left the bar, taking a lighted candle with him, for the pur-
pose of performing some necessary duties in the cellar under-
neath, from which time he was never more seen alive. About
half-past twelve o'clock, his sister went to the bottom of the
stairs leading to the cellar, without taking a light with her,
for the purpose of cutting a piece of bacon off a flitch which
was hanging there, when, on raising up her hand for the
purpose of taking down the bacon, she was horror-struck
atasesfirisntdsacinnrcegea: scream, in contact with the face of a human being.
ll
shebnrotuhgehutnfsoervteanraaltepemrsaonnswiasmmdeisdicoavteelryedtoher
hang-
ing by a piece of thick cord to the same peg on which
the bacon was kept. He was immediately cut down, and
medical assistance sent for; but all human aid was of no
avail, life having been extinct for some time. Deceased has
left a wife and four children.

when they came to consider the construction to be put upon
its clauses. This was an Act creating an incapacity. The
law would, therefore, look to that incapacity with a jealous
eye—limiting it in every particular ; and unless they con-
strued the Act in the most loose manner possible, they could
not. bring it to operate against the plaintiff. This Act was
rather a proof of the Royal indignation than of sound
legislation.
Lord CAMPBELL—YOII do not go so far, Sir Thomas Wilde,
as the Lords who protested against it, and who in their pro-
test, designated it as against nature, against religion, against
the law of the land, and not binding as law.
Sir T. WILDE would not contend that it was not the law
of the land, but he would contend that their Lordships were
bound to put the strictest construction upon it. The Act
was as followed. (The Hon. and Learned Gentleman here
lead the Royal Marriage Act at length). It began by enact-
ing that no descendant of George 11. should be capable of
contracting matrimony without the consent of the Sovereign,
and that if both Houses of Parliament presented an address
against the marriage, such incapacity was permaront. There
was a very large exception, that, namely, which related to
the descendants of Princes.sas;who have married into a foreign
family.
Lord BROUGHAM—lncluding the Prince of Wales, the
Princess Royal, and her sister.
Sir T. WlLDE—Certainly, my Lord. Then again, in the
case of the Princess Charlotte, she had married into a fo-
reign family. Would her issue have been liable to the
provisions of the Royal Marriage Act ? He apprehended
that they would not be liable to the provisions of the Act ;
neither were the issue of her present Majesty as he submitted.
Not only did the Act create an incapacity, but it created a crime.
The Act embodied everything that called for strictness of con-
struction. It created incapacity—it limited a natural right—
it inflicted forfeittge and created crime, and therefore was to
be construed according to the rules of the utmost strictness.
He did not mean to deny the power of the Legislature to
operate upon British subjects any where, but the rule of the
common law, in regard to these laws creating forfeitures, was
not to extend them beyond the British territory, but to con-
fine their operations to deeds done in the British territory,
and the British territory only. This Act, therefore, he con-
tended had no power out of the British territory. Such was the
rule of common law, and such was the rule that had always
been acted upon in construing Acts of Parliament.
Their Lordships, in construing the Act of Parliament, were
not to have recourse to any surmises about what might or
might not be the intentions or wishes of any parties who
were concerned in getting it passed; but they were solely to
attend to what was the intention of the Legislature in pass-
ing the Act—the intention of the Legislature, as shown by
the expressions of the Act itself. The operation of this
Act was limited to ' the territory of this kingdom,
and it could not be extended, by any rule of
construction, beyond the British territory. The first
clause, therefore, he submitted was an enactment confined
and limited, not merely according to the general principles
of construction, but by the contents of the section itself, was
restricted to marriages within the British territory. In the
second clause neither was there anything to show that any
other than British marriages were contemplated by the Le-
gislature. The last clause equally supported the views he
had laid down ; and he contended that the terms of the Act
itself, and the principles of construction applied to it,bore him
out in the meaning which he attached to it—that its provisions
could not be extended beyond the British territory, and
therefore did not apply to the marriage of which his client
was the issue. The provisions of this Act did not extend to
Ireland, and this marriage was therefore valid in Ireland.
Now the principle which was recognised by the English law
was, that the lex loci contractus should be the standard
whereby the validity of contracts were judged. The prin-
ciple was an universal one, and applied not only
to marriages, but to all other descriptions of
contract ; but in the case of marriage, on account of the
greater solemnity of the contract, the principle was recog-
nised as applying in an especial degree. The rule of all
countries then was, that marriages which were good at the
place where they were contracted, should be good everywhere.
If the construction of the Act contended for by the plaintiff
was not adopted by their Lordships, their Lordships would
be setting an example of a departure from a universal prin-
ciple of law, which they could not expect to see fol-
lowed in any other country. The greatest inconvenience
would thus result from the adoption of any other construc-
tion than that which the plaintiff contended for. The
Learned Gentleman supported his argument by reference to
various Acts of Parliament respecting the slave trade, which
were meant to apply to British subjects in foreign parts. The
Learned Gentleman concluded his opening speech at
half-past three o'clock, by submitting to their Lordships that
Sir Augustus D'kste had made out his claim to the dukedom
of Sussex. As soon as the Learned Counsel had finished his
speech the further consideration of the case was adjourned
sine die.

VICE-CHANCELLOR'S COURT May 23.
(Before the Vic's-CHANCELLOR of ENGLAND.)
DODSON V. LYALL.

His HoNona gave judgment in this case, which camebefore
the Court on exceptions to the Master's report, the argument
occupying three or four days. The first exception regarded
the sum of 1,272 sicca rupees. His Honour said he was of opi -
nion that that sum ought not to have been allowed by the
Master. The bill of coats contained a great number of items
which related to matters entirely personal between the owner
of the vessel and Messrs. Lyall, of Calcutta. He could riot at
all understand why the sum in question should have been
charged as against the ship. The very history of the return
voyage showed that it was not at all necessary that Mr. Lindsay
shoul accompany the ship, and there was no evidence that
the second voyage was not completed without the allowance
of this sum. He thought, therefore, that the exception must
be allowed. The next exception regarded the sum of 4401.,
which had been found to be an expense necessary to enable
the ship to proceed upon and complete her voyage to London.
The terms of the Lord Chancellor's reference were, that the
Master should inquire what sum of money was, on the 13th
of June, 1831, necessary for the purpose of discharging such
other demands against the ship, in the pleadings and the
cause mentioned as necessary to be discharged, and of de-
fraying such expenses as it was necessary to incur in order
to enable such ship to proceed upon and complete her
voyage to London. Now, the history of the transac-
tion showed that when the ship was at Bombay
that sum of 4401. was necessary to be advanced.
The second exception, therefore, must be overruled. The
sum of 4861.175. 7d., the subject of the third exception, for
the payment of wages on the homeward voyage, must also be
allowed. The fourth exception, founded on the second and
third, must also be allowed. The next exception, relating to
439 sicca rupees, must be overruled. The most material ex-
ception related to the sum of 30,618 sicca rupees. The Mas-
ter Lad found that that sum was not, on the 13th of June,
1831, a resource of Mr. Lindsay at Calcutta, applicable to
discharge such sums as were due on the 6th of April, whereas
it was said he ought to have found that the said sum, or a
part thereof, was a resource applicable for that purpose. His
opinion was entirely in favour of the exception. He thought
that from the time when the charterparty was made, that
sum was a sum applicable for all expenses. Nothing could
be done with the further directions,
His HONOUR disposed of a great number of unopposed
cause petitions.
(Before Sir JAMES WIGRAM.)
SIMFB V. BYRE.--SIMES V. ROBY. .

His HONOUR was engaged during the morning with the
further hearing of the above part-heard case, which related
to an alleged breach of trust.
Mr. Romilly appeared for the plaintiff, and Mr. H. Parker
for the defendants.
It appeared from the plaintiff's statement that 10,000 sicca
rupees, belonging to a Mr. Wright, had been made the subject
of a marriage settlement, and that having been lent by him,
instead of being invested by the trustees for the benefit of
the children, to a party who subsequently failed, the property
was lost to the children of the marriage. It was contended
by Counsel that the trustees having caused the loss by their
negligence, were liable to make it good. A decree was asked
for a reference to the Master to investigate the facts.
The defence set up was, that, at the time of the marriage,
there was no sum of 10,000 sicca rupees belonging to the hus-
band, who professed to be possessed of them ; that no such
amount was ever paid over ; that if an action had been com-
menced it could never have been recovered; and, therefore,
that there had been no negligence on the part of the trustees

COURT OF EXCHEQUER, May 23.
The Court was engaged throughout the day in hearing the
arguments in a case in the new trial paper. It was not of a
nature to call for special notice.

POLICE INTELLIGENCE.
(YESTERDAY.)
CLERKEIV WELL.

Three Italian boys, named Angelo Sarti, Andrea Tam-
burini, and Guiseppe Consarini, were brought before the
Magistrate, under the following circumstances.
The ages of the boys were 17, 15, and 14. Nothing
could exceed the squalid misery of their appearance.
Sarti seemed very unwell.
Mr. E. Ford, landlord of the Old Mark's Head, Cross-
street, Islington, came forward and stated, that on the
previous day he saw Sarti lying on the footway in Cross-
street, with h►s organ beside him. The poor lad was so
ill that it was feared he would die there. He had him
removed to his own house. Mrs. Ford administered
some cordials to him, and after a little time he became
considerably better, and police-constable, 107 N, removed
him to the Islington Workhouse. The attendance of
Dr. Temple, the parochial physician, was instantly ob-
tamed, and he, after a careful examination, gave it as shis
opinion, that want of food was the cause if the boy's de-
bilitated condition. The boy himself, on being interro-
gated, stated that he had not eaten a morsel of food for
the preceding two days, except a dry crust which his
master gave him on that morning when going out with
the organ.
Luciori, an Italian, acted as interpreter.
Mr. GREENWOOD elicited from Sarti, that his master,
Francis Ragahi, lived at 37, Saffron-hill, and kept
twelve other Italian boys, whom lie sent out with organs.
Ragahi had brought him from Italy, through France,
into this country, about three weeks ago. He was a na-
tive of Parma, whence Ragahi had taken him, with a
number of others. The doctor at the workhouse had or-
dered him beef tea, and he now felt better.
The two other boys, who were acquaintances of
Sarti's, when questioned said they earned a livelihood
in the street—the one boy exhibiting a hedge-hog, and
the other by grinding a wretched barrel organ—one of
them was a native of Genoa, the other of Vicenza.
Mr. Ford inquired if this system of entrapping those
poor little Italian boys could not be put down. He would
be most anxious to lend all his humble aid to suppress it.
Mr. GREENWOOD said the miseries which the system
entailed were lamentable, but there were great and pecu-
liar difficulties to be contended with in putting it down.
Mr. Ford said he understood that a society had been
established for the protection of these poor Italian chil-
dren, and he should certainly lay this case before it, and
call a meeting for the purpose.
Mr. GREENWOOD observed that Mr. Ford's conduct on
this occasion entitled him to the gratitude of the public.
The Magistrate then directed the boy to be brought be-
fore him on the following morning, when some of the
parochial authorities of Islington would be in attend-
ance. Meantime the boy might remain at the work-
house. The parties then left the court.
QUEEN-SQUARE.
Harriet Eleanor Pelham, an elderly female, and Nel-
son Pelhatn, her son, were placed at the bar before Mr.
Burrell for further examination, on the charge of con-
fining Nelson Pelham, a lunatic. The case, which was
fully reported in The Sun of Monday, has created con-
siderable sensation in Chelsea.
The Court was crowded by respectable-looking per-
sons, who evinced considerable interest in the proceed-
ings. Several of the parochial authorities of Chelsea,
and Mr. Loveland, a solicitor, attended to conduct the
case on the part of the parish. Mr. Steele, a solicitor,
appeared on behalf of the accused parties.
Mr. Loveland said the parish authorities had taken up
the matter on public grounds.
Several policemen were examined, who gave nearly a
repetition of the evidence taken on Saturday, as to the