The Sun.
London, England, 1818-06-23 00:00:00

JUDGMENT OF' LORD STEIVAR I"S CASE.

COURT OF CILINCEKY, MONDAY.

[raferrisli PARTICULARS.]
The Court to is t iris mottling crowded to excess,
iar ennsequ-ence of r is Lords;lip proMislog to cave
indgmeto iv this most interesting case. Among
the !imperil'', retivile vkitors we obsel veil Laity
lieutinek, Mrs. Weliesley Vole, &e. At
half, past ter) the Lotto CtIANCELLoti Came in-r)
Court, and 'FOOII atter gave his judemeot. Ile
obstrved,, Alio this case cirtie before him on t err'
petitions, oor of which trip. eSetiter/ by Lord
Stewart', tstrivioe that the Report of the Master
fni4hi be continued, and then pinyitvg what is con-
sec tyni'aitollthati /he other petition presented by
Tayltir, oar of the guardians _of Lady -V.
llempeay. praying-Ow the report ought not be
coofirtned. The question which he was now
therefore to consider was, whether, under all the
circumstances of the case, the Report 'night or
not to be confirmed—lke Master, by his Report,
stated his opinion that the proposed marriage of
Lord Stewart and Lady Vane Tempest was a fit
and proper. marriage : and as to the words of the
Master's Report, which were, in troth,• the lan-
guage of the Court oft all such occasions, lie
should say nothing, because he did not apprehend
that the-inquiry of the Coot t was whet her such a
marriage was the most eligible that might have
been expected, but whether it was in itself a fit
and proper marriage: This matter time on be-
fore hint otider very singular circumstances, and
if the view which he had taken of this most diffi-
cid! and most painful case, should happen
_to be a
view, in which others, in the exercise of their
indgment, could not couettr, it should be remem-
bered, that all he could pledge.himselt to do was,
to execute his duty to the best of his judgment ;
and that he was placed in a situation in which
rfeither his own experience, nor any inquiry, nor
any ittformation had enabled kiln to hod that any
of his predecessors were ever placed in. In
:cases
of this kind in general (he thought he was iris
t it led to say, because he had been:4o years in this
Court), he never recrllected a single case itt which
it was thought prudent that the pritipriely of a
marriage should be made the subject of public
discussion. It belonged, however, to the parries
themselves to determine whether it should or not
be so ; for-if the in ,tier was brought before him,
it was his duty as 'Chancellor to •hear and de-
cide it its public, it the partii's thought fit, and
nothing could More elearly,proxesO, thwi that in
'be evens an appeal lied to the Court above; that
was decided in the case of Lo-rd Williato Gordon.
The nifficubf, however, was this, that in point
of fact and practice, • the Court had been in the
habit isf exercising this jurisdiction, and by 1119
Report of the Master, of receiyinginfortharion hit
respect in the expectations, ',ittlation, and charac-
ter ofirtqsans who were interested in such a Pro-
which information could hardly be said to
have a tendency to the character of strict evidence,
though his predecessors Ii d approved of thechs-
orn of making such inquiries as a fatfief would
make, and to act 011 the result of those inquiries
The great dtfficulty was to look at the case in that
respect ; 'her:Jose,. if the subject matter was open
to- appeal, it was one of the most difficult things
to know in what manner the Court (*Appeal was
to•be informed with respect to all "the circuits-
stances on which the Court below had proceeded.
—There was another view of the case, anti he
thought it was impossible for any man to take
that view, who had.. a head tomuderstand, a heart
to feel, without being distressed in theconsider-
ation of -such a subjtct to a dtAree which it was
impossible; for him to represent inadequate terms.
lie had, for instance, been informed that- Mrs.
Taylor was perfectly cooeinced of the troth of the
matters which she had represented. and the in-
formation given toiler ; but ho a, in- the name of
God, was the character of a man ,tto stand before
the world, if he was ,Never Jo be informed. of
what was imputed to hint-+-if. hot a single fact
was to he stated-7-not • a single person named on
wilthr testimony, the question was brought for-
ward and if lie 'vas without any opportunity of
vindicating h.LOsselt, 'or proving the truth of that
which he had repeatedly..affirmed on, his oat it,
oaine!y„. that he challenged the world, to bring
forward airy evidence that. he was a man of dissi-
pated habits; it was impossible to deliver persons
front a situation of so nitlth This Waiter:
however unpleasant it might be, had gone too far
to' admit of unnecessary delay, and therefore, to
the extent 'hat. he cool(' deliver himself, he would,
adding, rhat as he agreed with Sir S. Itomilly in
the view that he took of the subject on Saturday,
which view, of -the subject. had:always strongly
isbpressed his mind ever since he was called to
consider i:, nat»ely, that the inclination of the
young lady oto:ht to be consulted ;..and having
twice seen Lady Vane Tempest; and conferred
ith her, be felt it. his ditty, before be carte to a
final decision, tri see her again, and to stateoo
her every thing which, according .10 his owo
judgmeut, she ought to be informed Of. This
matter came before him; originally, in,: conse-
queoce, of two petitions that were presented to
him, tade.f the circurnitainfes he had before stated
to be
*jugular, circumstances. When he re-
lened this case to the Master, he certainly had no
intention of. its being, understood that be had
thereby finally decided the case. , (His Lordship
then at great length enter:v(l into a detail. of the
tiretanstnoces which we haye already reported.).
Lord.hip•said he hid us, doubt that Mrs. T. did firrilly.
believe, in the sialemeotinane.-to her, but she count. how-
ever, only helieve.it on the representation made by nuturroirs
and respectable persons; however fallacious, and however
unfounded tioAe representations 'night be--bow firmly that
belief was einerraineclo would be seen in the representation'
t antaintd he this. state-of facts,- then verified hyattidarit ;
And it was reaudiab.e,
that the .world had taken such an in-
terest fa Ibis business, that amour other anonymous infor-

. - -
• .
minim, he had reteived anonymous information `as to the
circumstances of • Lerd -Stewart,- veltieh was nom verificarto
the satisfactron. of the Master. Weer) hr rec;ollertetl I tie vit.
riyus appointments which Lord Stewart Itch!, retnemberitee
also 'at the same time the niatnitlr in Which a public Mao
he had spent tits life, from the are of ir to 40, he einild trot
ihelp thinking that it was calling on him (Lord'. ilallCetiQr),lo
impute to Lord'Stewart the character of the meauestoyeeteh
on earth, let the anerryinimi 'witnesses be who they
were he to say that Lord Stewart; had no object in seeking
in this Lady hut her fartune. These witnesses .might ins
respeetable, but tiler:were still aitenymouse He found in
looking. over the tapers, that Lerd Leridanderry and 1..,rd.
Castlereagh had proposed to postpone their own interests, ia
order that the
.provi,ioil for the younger children eteght he
secured to the amount of 300001.—with respect to Lads
V. TeMpest's property, it appeai-et) to be one thuueand tear
hundred pounds a year, in 'lreland, and as to .her
'property, its value in one place depended upon colleries, en'
of which was held under 'a lease from the Ilex) soil Chepter
of Durham, which would expire ie about eight rears, and it
was understood there 41',5 a coosideralde difficulty upon the
subject of renewing. She had, howevee, independent of that,
a very cunsideiable,fortune, hut much less.than the-world
had given her credit for, as it had happened to her, as to
many others, that' the world supposed her to be three-
times as rich as she really was. He should not enter
into an examination of the reasoning in the Master's re-
port, as to the advantage of a young lady having a hus-
band of mature age. His Lordship considered the objection
of the disparity of age hail totally failed, but fur his own pa:•t
he could not think disparity of-age was any recommendat
It was a point which it was the duty of the friends of the'Lady
to represent to, her. Although it did not follow, that be-
cause a man was forty years app., that he was' therefore
of mature judgment, yet it se6ned a fair inference of the
matter that Loud Stewart, having spent his life in the at.
taiemeut of every honour that every country in 'Europe could
confer on him-, was entitled to be looked upon as a person
who had well conducted himself., and as a man of .soutni
judgment and high character. With respect to -Lard- Ste.vt-
art's having a son who might intercept the honours of the
family, if this was a marriage on whici, the affections of the
Lady were engaged, was he. to say, merely because her spa
could net have it British 'peerage, that therefere it was an
improper marriage? The next charge was that of Lord
Stewart having noarlequate fortupe,.hut on this point he frit
himself bound to refer to a case in which Lord Tliut lew had
decided against a marriage, on the ground of disparity Of
fortune, though the Master had reputted in, favour of the
marriage. Thu opinion of Lord Thin low had been conlirmeti,
on appeal to the House of Lords. That case ditiered widely
from thgpresent one : 'them e the person who had proposed the
marriage had only 5001'. a year allowed him by his father,
)hiee huudred pounds a year as Ranger of a Park, and 5001.-
a year in his own right. Another case was that of
_Lord
Carteret, who had paid his addresses to Miss Watson. Lord
Carteret was a man.of rank, but Of no fortune. Lord Thur-
low's mind had long vacillated eon that occasion, nk--
deed was said to be the eve with tli' present Chancellor, het
'at last, sensible that the affections of the young peoele waits
too closely united to. be sever- d, he had consented to the
marriage; In the present case there was rank, fortune, he
hotted character, and very great connections. The Lady hail
a fortune gqual to a provision for any family, therefore neither
the authority of the cases cited, nor a just view of the
subject, led him to thiuk there was am disparity in, point of
fortune, particularly when it was considered that Lord
Stewart had purposed to make such settlement as the Court
should think Kilter. This proposal haviog been carried bee
fore the Master, 11111. Taylor had olfered her objections; they
consisted of a refutation of all The statements in 1110
,at. 4441,
. ,
tits; she objected to him as a suitor to her niece,-onlecount
of his age, character, the situation of his property, and other
circumstances sated with regat d to his family. She repre-
sented his age at forty, that of her niece's at eighteen, and
added; that after the int:st diligent inquiry, slit:len herself
compelled to repeat, that she belieVed his 'disposition and ha.
bits were dissipated and irregular, and ill-suited to-promote
the happiness of domestic life, lite next and most painfttl task
was, as related to the character of Lord Stewart. Upon that
most distressing part of the case, be gave Mrs. Taylor credit for
bur cueviction that the representation made to her was true,
but the qoestion was, how he could act , npon such a state
of things hecottling to the ditties of the situation lie held ?
In :tower to the charge of dissipation, Lord Stewart had
pledged himself by his oath several tiniei, that his habits of
life had not been diSeipated or irregular, and had expressed
the hardship of such- portal imputations in an afidavit, iii
which he had challenged the whole world to state a single fact
on which such An assertion could be considered as well found-
ails If it was meant to make- any charge against the mural
character of Lord Stewart, it ought to Ittle been distinctly
put. He ought to know what were the habits of life, which
had heen referred to -as furnishing evidence of di•sipatiOu.
HoW could lie 'site whether his habits were ill sitileti io pre).-
nude the happiness of domestic life,. without touring what
were those habits? Thke jetrisdictiou be exercised would he
must' cruel if lie suffered any user's character, to be attacked
Ly anonymous witticises; without all opportunity Lent;
given to the party to refute their assertions. It appeared
to him that he could nut, as a just wan, a father, or a Judge,
act -upon the objection as to charecter. The. next objection
.vas irf a nature which would expose the email to a peat deal
of difficulty, but it was the duty of the Court fully to ceinsi-
der it. 'Those who knew Lord Stewart's family, knew it was
very numerous and very respectable, 'lke only instances
brought forward as proofs of hereditary insanity were twii; - •
and what-did they amount to ? It appealed that the mind of
Lady Caroline Wood, by mismanagemeut in child-bed, and
afterwards by hat !dug iu the sea, had hei.'inbe afflicted;
but if this 'WaS Only a temporary affliction, God forbid be
should take it as evidence of an hereditary taii.t; ohat it
was only temporary he nowt conclude, for this reason, that
the medical men had spoken in a way which left it impossi-
ble to doubt the fact. The only oilier institute' tiri.is that of
Lady Londonderry, in 1782, at which period she was st.hted
to hare been deranged. Her malady hail been accounted fur
precisely in the same manner. His Lordship said, he hail
gime through a detail of all tile circumstances obvious to 14ie -
proposals of marriage. Sir S. Itotnilly, fin whose judgment a 4
a lawyer, a`man, a father, anti a Judge, no matt had higher re-
spect, and to whose opinion he (Lord (talica-11ot) %amid payee
lunch' deference as he would to thaCut any-wail Whit had ever
been at: that liar, for lit) malt could be actuated by clearer.
views or sounder principles, had asked how he wotildact
father ? In reply, he would say, he would have inquired hive
the case exactly-lhe'same way, but he would haveiequired 101 l
evidence into the case.' The eircinustancee, howeVer, in Mind,'
Lady Antrim was placed,' were somewhat different. He -could'
not forget the transactions of the spring of 1816, and certaibly:
they had-a coosiderafile effect' tin his mind when he was cowp.
sidering what valor was due to the consent of Laity Antrim.:
Mrs. Taylor had stated, that the whole was a plan tcr
get possession id the fortune of the Lady, and further.
the antbitilins views of out: of the panicle. 'These nn:'
doubteilly were circumstances which it would be extrentehr
difficult for Lady Antrim to. get over ; but as far as
Stewart was concetued, there was nothing ititproper nee
putable to •hint: He -was, however, of °pillion that Loral
stewart woulel have 'acted better if 'he had tint. meets.
his proposal of• marriage so early as he had done; -
thought he should bare informed. Mrs. Taylor of his tntee-
lions before belied proceeded-to 'carry 'them into effect
This was the general- s=lew be had -taken Of the cei4e, but th 24
were still some points -upon which .he-wialied to avail himself
nla few hours further consideration, es to whether be shou:d
nikke.oi direct tu rt her inquiry. WhetOer lie shetild take th.,t
4:nitric or not; he' shilillit'think it ins'cluty'tu start'; to
Lady
Tempest herself,al l theobjections which had hcen pi ged again
the marriap; he should with all the fori.y he waSafile,call upon
- her to consider those Objections, and tbduld I hen ilia :mate what
wasahle to h consideration to 'which rinich'svas direherneieut,-
what were her inelinations on the subject. With that duty
he shoOld charge himself, and Ile would acquit himself of
it Withhat favour' or alfeetion, and with that impartially
whieh belorrged-to au liotieiCattilge,- and • a utak Who'rec,t-
lected that he had at. his distiosos the happiness-of air inej.e
victual of Whom be could truly say,' that he did not believe
there was a more 'desierVing individual in the word,
these feelings, if he erred,' he shouid•havithe'SatisfaCtion Of
knowing that hit jedguient -could' be-set right. Hi trusted
no one would chalgehim with wilful, error. He wutild let
the parties know, to-ttiorrt4 •
ur Weelfiesilay;what be shonld
do with refertdde `hi thtise-p&tiW• 6n" ttitaWsVvcia
his final Oproion.;--Tire cast ‘taads over till I'e-morruw
ivtF
Wednesday.