The Sun.
London, England, 1850-03-07 00:00:00

the religious liberty of the subject, arrayed them-
selves among the opponer...ts of thl Bill, and
made by far the must powerful speeches
against its principti. It is true that the Honourable
Memberlfor Sheffield and the Right llon. the Master
of the Mint, abandoned the high ground of Scrip-
tural or canonical prohibition, and rested their case
eoiely on the "social incoavenimcas." They did not
claim for any particular church or sect the right of
binding the consciences of their fellow-subjects, and
of excluding without the pale of the constitution all
who ventured to differ from the opinions of the do-
minant party. But was not such practically the
consequence of their vote,, and might not any act of
bigotry and intolerance be justified on similar
grounds ? Might not the removal of the Catholic
disabilities or the enfranchisement a Dissenters
have been resisted with equal f,rce for the very same
reasons ?

If we were dissatisfied with the arguments of
Mr. ROEBUCK and of Mr. SUEIL, we ware most
agreeably surprised by the admirable address oF Mr.
SPOONER. That Hon. Gentleman, in a speech that
did him infinite credit, brought forward the clearest
and most statesmanlike views. He depicted the case
of a poor man whose wife had died, and who, labour-
ing under that painful deprivation, found it utterly
impossible to attend to the wants of his children,
with a sister in-law in the funily of such a person,
almost his only companion. It was contrary to nature
to suppose that such a connexion could exist without
affection springing up between the parties, and yet
they. were restrained by the consideration that it was
against the law of man, while at the same time they
did not feel it to be contrary to the law of GOD ; and
he boldly asserted the proposition, that "they had no
right to put a restriction on the marriage of such
persons, unless they could prove that it was founded
on the Word of GOD, or necessary for the social
happiness and comfort of the large mass of the people.''
On such a question no mere balance of convenience
would be sufficient to justify the restriction, although,
if such were the case, it could easily be shown that
the preponderance was at the other side. The Hon.
Gentleman also clearly explained the melancholy
state ( f immorality in which many persons lived, in
consequence of the existing law, "to an extent that
would horrify and distress every man of right feel-
ing and proper mind," and he proved that " that im-
morality was attributable to their imperfect human
laws, and by taking upon themselves that which they,
in his judgment, had no right to take."
Mr. SIDNEY HERBERT also most ably proved that
the House was not justified in resting the question
solely on religious grounds. He would not himself
enter into such a connexion, and as far as he was
personally concerned, he gave a cordial and unhesi-
tating assent to the deprecation of such marriages ;
but he did not therefore consider himself warranted
in legislating for others whose views were altogether
different, and_he truly declared that "the House of
Commons was not a convocation or council, and that
they had no right, as they had no competency, to dis-
cuss nice theological questions, or matters of eccle-
siastical law. Let them not interfere with respect to
the laws which the Church of England had esta-
blished for her own government, which were left
untouched by the operation c f the Bill. But with
respect to other religious bodies, who had no such
laws, who had no canons to restrict them from con-
tracting marriages of this description, these were
clearly restrictions which prevented them from con-
tracting marriages which, according to their own re-
ligions, were perfectly justifiable, and those restric-
tions should be removed without any delay."
The Honourable Members for Pontefract, South-
ampton, Youghal, and the West Riding, also placed
the question on its true basis, and made most con-
vincing argumentative speeches, that must have been
perfectly conclusive to any unprejudiced mind. The
result was the satisfactory division to which we have
alluded, and which must bring the matter to a happy
termination, if Mr. STUART WORTLEY be true to
himself and to the just and holy cause of which he
has come forward as the advocate and champion.

Tuesday having witnessed the swearing-in of Lord
CAMPBELL es Lord Chief Justice of England, we
trust that his Lordship will very soon afford the
country a guarantee of his determination to emulate
the bright example of his predecessor by voluntarily
and spontaneously abandoning all association with
the present Government. such a proceeding on bis
part would be a brilliant augury of his judicial
career in that post of the previous occupants el which
he has so recently rendered himself the annalist.
Historian of the "Lord Chief Justices of England,"
and now Lord Chief Justice himself, his ju ig-
ment must be peculiarly alive to the large
and heavy responsibilities devolving upon him
in his new character. Erudition and observation
have alike impressed upon him the paramount neces-
sity of abandoning all political predilections imme-
diately on his entrance upon the new and venerable
office to which he finds himself elevated in the autumn
of his reputation. The recognition of this fact in his
instance no longer requires argument, and hence,
with a due recollection of his personal and profes-
sional antecedents, we cannot remain for an instant
in doubt as to his determination. Lord CAMPBELL
will of course at once sunder himself from all con-
nection with the Cabinet. He will insulate himself
and his present lofty responsibilities from all the
agitating influence of Ministerial partizanship, aware
that by so doing he can alone succeed in that "con-
stant endeavour" which, on being rung out of bin-
coin's inn, he avowed his resolution to make, "to
set Lord DENMAN'S bright example before his eyes,
in the hope of following him, though at a distance."
The fulfilment of this resolution is due, we aver, to
the eminence already attained by Lord CAMPBELL
in so many and such various capsciies.
Taking a retrospective view of the career of the
present Lord Chief Justice of England, we are satis-
fied that all sill coincide in opinion—that it is
due to himself, by reason of all his previous successes,
that he should thus prove himself, in all par-
ticulars, sedulous in the emulation of his illus-
trious predecessor. From the period of his
being called to the bar, in 1807, nay, we might
almost say from the time of his first en-
trance into Lincoln's Inn as a legal student,
Lord CAMPBELL has betrayed a laborious application
to his profession, such as entitled him to all his sub-
sequent advancement. His celebrated Nisi Prius
Reports would of themselves be a sufficient attesta-
tion of this, even if his toiling assiduity as a legal
reporter had not been followed by his forensic labours
and his arduous literary occupation.. Out of the
latter have proceeded, within a very recent interval,
those biographies of the Lord Chancellors of England
which have tended so materially to enrich the already
fruitful stores of our national literature. It
has consequently come to pass that Lord
CAMPBELL has himself eclipsed his reputation
as a legal reporter by his reputation as a legal histo-
rian. Let US hope, that having now ascended the
judicial chair of the Lord Chief Justice of England,
he will surpass all his previous achievements by the
dignity, the benignity, the impartiality, and the so-
called "indifference" of his judicial administration.
In foll Owing immediately upon the retirement of
a personage of illustrious character, no matter in what
capacity, whether as a lawyer, a statesman, an orator,
or a Lord Chief Justice, there is of course always to
the successor a blending of advantages and disadvan-
tages. Among the advantages the principal is that
of possessing a brilliant and appreciable example to
emulate. Among the disadvantages the most conspi-
cuous is the probability of perpetual and depreciative
comparisons. These will doubtless be agreeably and
disagreeably experienced by the present Lord Chief
Justice of England. Yet we believe the coun-
try, _ and especially the profession, will have
that confidence in Lord CAMPBELL that they are not
in his case prepared for any disappointment. On the
contrary, we are satisfied that huth the public and
the profession have an implicit reliance upon the ca-
pacity of the Noble and Learned Lard to fulfil to the
uttermost extent his many severe and honourable re-
sponsibilities. They are conscious that here, at least,
the Government have not been precipitate in their se-
lection, but, that actuated by a profound solicitude
to compensate as much as possible for the heavy loss
experienced in the retirement of Lord DENMAN in con-
sequence of his increasing infirmities, they have
chosen as his successor the man of all others, in their
opinion, best qualified to follow in his majestic
footsteps.
While the peptilor heitrt will furl a illness limn of