The Sun.
London, England, 1844-05-23 00:00:00

At the time of the separation' an annuity was secured to
the claimant's mother of 4,000/. 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 (lay 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 claimants his only son and heir.
On the death of his Royal Parent the claimant presented
his petition to her Majesty, claiiiiing the dignities of Peron
of Arklow, Earl of Inverness, and Duke of Sussex, which
petition was referred to the. consideration of the Attorney-
General, who having heardevideuce 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 0 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 Auguitus Frederick
this sign, March the 21st, 1793, at Rome, and put my seal
to it, and my name.
(LS.) , " 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—lie 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-
fuse& 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 7ou 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, ho 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 ; lie 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.

• • •
" 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, my beloved Prince ; I think Mr.
Gunn ought not to be spaen•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! 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
sworn to dedicate the remainder of my days in adoring you,
and in pleasing my husband. How sacred, how blest an en-
joyment I Oh, Lord, let me ever view it in that light, and
act as becomes a grateful mind, replete with love, and a deep
sense of obligation to you, my Almighty Friend, and to him
the author of my felicity."
"By all that I have said you see, my soul's delight, that
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
take place at Rome I give you up all your promises; I will
not suffer you to; feel tied to anything that may in future be
disagreeable to von; and I here assure you, that whenever
• you tell me that 3ou 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 he wishes me to sign any paper with you,
to that effect lam quite ready. . . . . My mother goes
out to-morrow at one. If Mr. Gunn wishes to speak to me,
piyhO
offtol the promise 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 bias not to be seen at this house? If you will write me a
coilseet
letter
ast o
thenmake
.senthim by
ywtihl will do
Princei pro pt
oe ya.d"y
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. . . .
I 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 1 feel I and, my love, to be'doubted sincere and
warm. The Lord lsnows 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 }calf dead. Good God what
will become of me ? I shall go mad most undoubtedly. . . .
" Augusta, you are none other but mine, and shall be mine
to-night ; for which reason I will not bid adieu. About seven
. .
I will be at your house, and you might write to, Mr. Gunn to
be there at eight, for to put everything in order before he
comes. If he find me there, he will agree, I am sure.
"How could you think that Gunn had made me alter my Opi-
nion ? My unhappy note of this morning will prove it to 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 I'am in,
and how can I be otherwise, when she, for whom.l was tak-
ing care of myself, will not have me. Life is a hurthen ; but
if Augusta will yield, this, night win 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 shallfer Gunn. If you will allow
your house, and not care a
directly to our room."
word
lseofsoos
for what
bd.
hf t Gae
tre
any
oeunornlne
says,will
t iell
be
ebdauytt
go
To this letter Lady Augusta Murray returned the following
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 ; you 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 this 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 not to choose their wives,
they are not to be restricted in this way for any limited time,
but forever. To what generations was this to extend? To
how many millions might not the provisions of this Act ex-
tend? It ;ought, therefore, to be watched most narrowly.
It would inevitably 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
when they came to consider the construction to be put upon
its clauses. This was an Ast 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.
LordCasirmaL—You do not go 20 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. WILDS 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. (Tho Hon. and Learned Gentleman here
read 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 permanent. There
was a very large exception, that, namely, which related to
the descendants of Princesses,:who have married into a foreign
family.
Lord BROUGHAM—lncluding the Prince of Wales, the
Princess Royalrand her sister.
Sir T. Wthisz—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 net 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 forfeiture 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 ofthe 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 te
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 oceration 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