Star.
London, England, 1809-05-03 00:00:00

FOREIGN lATSLLIGENCE.

AMSTERDAM, APRIL 24.
His Majesty the &opt -or of France arrived at
Ludwigsburg on the night of the 15th and 16th, and
proceedato Dillengen, at twelve at noon. M. Duroc,
the Marshal of the -Palace, was with him. His Ma-

PARLIAMENTARY PROCEEDINGS.

HOUSE OF LO RDS, TUESDAY, MAY 2.

jesty has ordered the Bavarian troops to take their
ancient position by Straubing, that the army may soon
be in a condition to commence offensive operations
with the greatest effect. The French head-quarters
are to be removed from Donauwerth to Ingolstatt,
and so proceed forwards.
• The Austrians appear, since they crossed the Inn,
to have daily, fortified themselves, and to be desirous
to advance slowly: Some blow cannot fail to be
struck before long. Nothing of the kind had taken
place on the departure of the last couriers, because
the allied troops had received orders to retreat on the
approach of the enemy. •

Several public andprivate bills were brought up from the Com-
mons, and read a first time. Those on the table were forwarded
in their respective stages.

THE LOCAL MILITIA.

The Earl of LIVERPOOL stated to their Lordships, that the
Local Militia Bill had passed through its last stage in their House
thg evening before, in a state by no means intended, deficient in
some points, upon which it was determined that some clauses
should have been introduced. He did not impute blame to any
person, but merely considered it an oversight, and that, as the
-case actually was, it had in the hurry of the moment escaped par-
ticular notice, and had passed. He therefore meant to submit a
bill to their Lordships' consideration, the object whereof would
be to remedy the defects in that bill that he complained of.
Lords GRENVILLE' and AUCKLAND both complained of
the way in which bills were crowded together towards the con-
clusion of a Session, by which the most important enactments
were often overlooked, and the most injurious often passed into
Law.

PARIS, APRIL 20.
In the Moniteur of yesterday are the following officii
particulars concerning the commencement of the war
with Austria :-
44 The letter of the Archduke Charles, addressed
to the Commander in Chief of the French troops, was
not delivered to that General, he not being in Bavaria,
and there being no French army there. The letter
was brought by M. Wratislaw, Field Officer of the
Archduke. This Officer did not chuse to say at which
point of the army the Archduke was, when he brought
the letter, which was handed to his Majesty at Munich.
" Even in March the preparations for the campaign
by the Emperor and the Archduke were announced.
All the roads in the Austrian dominions were covered
with troops. On the 4th of March the Archduke.
Lewis fixed his head-quarters at Wels. On the 31st
there was already a great quantity of provisions col-
lected. at Lintz and Wels. All the frontiers of Austria
were supplied with provisions, and beset with troops.
—The Emperor Francis was expected on the 6th at
Linz. The old Elector of Hessia was raising a vo-
lunteer corps at Prague, which took in troops from
all countries, more especially Hessians, of whom, it
was said, great numbers were flocking thither. M.
de Stein was at Prague, composing there all sorts of
libels.—The Austrian Government succeeded for a
moment in rousing the poptilace, even the more en-
lightened classes, by assertions that for nine months
the fencibles had been armed for the defence of the
Country. •
" On the Bth of April, the intelligence was received
at Munich, that preparations were made by the Aus-
trians for passing over the Inn, and that a bridge of
boats was already made between Brannan and Schar-
ding. On the 9th the Austrian Charge d'Affaires at
Munich demanded of the Minister of the Emperor
Napoleon an interview for M. Wratislaw, Field-Officer
of the Archduke, who brought over the letter. M.
Wratislaw had at the same time delivered a letter to
the King of Bavaria, soliciting his Majesty to attend
to the wishes of the Bavarian people, who, as the
Austrian Princes affirm, behold in them only their
deliverer=. He adds that he had received the strictest
• orders to act hostilely only against that nation which
is the enemy of all political independence in Europe.
The Archduke assured him that it would cost him
much to make the Bavarian nation sustain the evils
of a war which was undertaken for the cause of gene-
ral freedom. On the morning of the 9th of April it
was not known at Munich where the Archduke ac-
tually was. His Field-Officer, M. Wratislaw, has
refused to say any thing upon the subject.
Somewhat later in the day of the 9th, tidings
were received that the Austrians had passed the Inn
at Brannau and Burghausen. The same intelligence
was received at the head-quarters of the Duke of
.Dantzic. The dispatches from Munich of the 10th,
announce, that the Members of the Austrian legation
there had assumed a lofty tone, and affirmed that
the Archduke would attack the whole line on five
points at once, and would take the friends of the
French as hostages. The French answered, that for
every Bavarian hostage they would take ten Bar ns
of the Holy Roman Empire with them. M. de
Stadion, the *lntendant General of the Austrian army,
Is already announced at the house of a Banker at
Munich. Credit to a considerable amount has been
opened.in his favour at Augsburg, Ulm and Ratis-
boy, Leipzig and Frankfort. M. de Stadion is des-
tined to be the 44 Thomas Payne" of Germany. The
frontiers are covered with proclamations and pamph-
lets of every description.
With Messrs. Genz and Stein is also one Schlegel.
64 On the 11th, particular intelligence was received
of the passage of the Austrians, who had come near
'enough to be saluted by the centinels, but had, how-
ever, not fired upon the Bavarian soldiers. They
issued pretended proclamations, to persuade the Ger-
mans to make common cause with them. The Bava-
rian troops retreated to the Lech. The King of Ba-
varia went on the 11th with his attendants to Dil-
lengen."
This piece is considered generally as an introduction
to the Bulletins which we have to expect. There
are a variety of reports. Some assert that the Aus-
trians have advanced further ; others, that they have
been driven over the Inn. Both are considered as
unfounded. His Majesty the Emperor staid but a
short time at Strasburgh, and proceeded instantly to
the army.
What passed in the Senate is not yet knOwn ; but
it is generally asserted that a new levy of troops has
been spoken of.

BAMBERG, APRIL 12.

ADULTERY.
Lord AUCKLAND, in pursuance of the notice
he had given, called the attention of the House to the
subject of divorces in cases of adultery. His Lord-
ship stated, that the object he had in View was, if pos-
sible, to protect social order, by preventing, as far
as legislative interference could go, the violation of
the marriage contract ; to prevent as much as he
could the increase of that most criminal offence, adul-
tery, which of late years had grown to such an enor-
m >us extent. It was really a most lament able cir-
cumstance that the vices of the age were such, that
no rank, no degree appeared to be exempt from it ;
that it had made such strides in the higher walks of.,
life, unless legislative interference were exerted to
check the evil, it would be quite impossible to foresee
the fatal consequences that must ensue ; because to
them the rest of the public looked up for example ;
to them the great mass of the people were naturally
attracted for their models of rectitude and right :
" If pure are the springs from the fountain,
" As purely the river will flow ;
" If noxious the stream from the mountain,
" It poisons the valley below."
So as the more elevated ranks of life are viciotts or
virtuous, those beneath them imitate the pattern. He
had long contemplated a remedy for the evil he com-
plained of, and he thought none so applicable as that
which would prevent the offending parties from in-
termarrying with each other. To accomplish that
object was his intention this night. He observed,
that of late years it was become quite a common
thing for the adulterer and adultress to intermarry as
soon as the bill passed which separated for ever the
offending wife from her offended husband. And so
barefaced and flagrant has this practice been, that in
a recent instance the adulterer and adultress were
married on the very same day that the divorce bill of
the latter passed their Lordships' House. For his
part he could wish that somelegi slative measure should'
be adopted to give the injured a more facile mode of
relieving themselves from the aggressing party than
at present prevails. According to the system at this
moment existing, the benefits of divorce can only be
obtained by the higher ranks of life, or the opulent.
The expence is so very great, that the great mass of
the people cannot accomplish it, and are therefore
excluded from those advantages which money alone
gives to the higher classes of the community, or to
the wealthier ; as, for instance, one case of of divorce
alone which occurred this Sessions, cost the unoffen-
'ding husband no less than 40001. This he mentioned
merely for the sake of persuading their Lordships to
think seriously of some means to dispense equal jus-
tice to all classes of our fellow subjects. His Lordship
from this topic, proceeded to take a view of the va-
rious ills annexed to the crime of adultery, and to
shew therefore the urgent necessity of their Lordships
adopting the principle he suggested, and concluded
with moving, 44 That it be a standing order of the
House, that every Bill of Divorce on account of adul-
tery introduced therein, should contain a clause, pro.
hibiting the offending parties from intermarriage."
The Earl of RADNOR approved of the object of
'the Noble Baron's motion ; but feared much that dift
ficulties might easily be thrown in the way of its ac-
complishment. The intermeddling with the standing
orders of the House he did not much relish, nor did
he think the proposed. clause of the Noble Baron
would be of any avail ; for the Committee on a Di.
vorce might resolve to break through, as had been
done even in,the course of the present Session, when
the Hcuse met at an unusually early hour to pass a
Divorce Bill, in order to permit the offending parties
to marry without delay.
Lord MULGRAVE entertained the same senti-
ments on this subject as he had before expressed.—
His Lordship could not perceive how the great cause
of morality could be effectually promoted by such a
measure. The sum of 40001. seemed enormous in
such a case ; but if it were necessary to incur such
expences, he should rather say that something should
be done to make the matter more equal to the lower
classes. He wished as much as any Noble Lord to
diminish offences of this description, which had such
baneful consequences, and was willing to do any
thing in his power to carry into effect any measure
for that purpose, as far as the mild and benignant
spirit of our laws was kept in view. But would mo-
rals be promoted by taking away almost the onl)
chance of reforming and amending the life of the
female.? If noble Lords would looks at the instances
of such persons divorted, who did not marry, and
compare them with those who subsequently married,

Within the last week no post is arrived from Vienna. I they Would find a very great difference. Some un•
On the other hand, various persons have come here, fortunate ladies had diplayed, after their faults, a
who, as foreigners, were obliged to leave Vienna, and character that even might be called exemplary. He
who had received passports to proceed through Bo- ;.thought such a measure rather encouraged seducers,
hernia .to Saxony and Franconia. According to these, by taking away all remedy for misconduct. It cer-
there was an Austrian army placed on the other side tainly tended to make the woman a mistress in future
(4. the Elbe, towards the Saxon frontiers, of which the • and not a and to shut up the door to repentance
van was in Tischen, and also another corps, of which and reformiOn. He had a sincere desire to repress
the main body was placed in the environs of Topliz. the evil, but he had a fitm conviction that the probi-
Towaxds the frontiers of Franconia, two cs were bition had a tendeucy rather to increase it. He hoped
cantoned, the one by Er orpaogen, the other by Pilsen, to see something better proposed than a measure
The latter, which is the most numerous, has already :'which, in its operation, might become so severe and
advanced in the field, and appears disposed to advance cruel.
Inwards Ratisbon. The right Wing of the French The Archbisjaop of CANTERBURY, after some
•Finy, which is in Franconia, stands at Amberg and prefatcry observations, said, tbat though he was not
*zzetches itself to Ratisbon. The centre stands near so fortunate as to hope by this measure to extinguish.
Forcheim, and the left wing towards the territory of this great crime, yet he VMS hap to adopt any prac
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Layreuth. The advanced posts of the left Wing tical mode of preventini the *Li W • . the commis-
ft-

Pr,
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v.

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sion of ultety. It was, he lamented to say, very,
sell at he could see their Lordships` table pure
and clean from the pollution of Divorce Bills, now
becoming daily more frequent. So common indeed
were they, that, to use the words of an old author,
they seemed to be considered as the proper fruits of
marriage. There was, he feared, hardly a pedigree
that was not stained and broken by this sad frequency
of crime. It was impossible that such things could
last long. Marriage was, in fact, the basis of all our
relations and duties !ft SOCiAI life. It began with the
creation, and it remained in the rudest elements of
society. Its importance and sanctity were recognized
by the universal consent of mankind. In this coun-
try, indeed, we did not exalt it into a sacrament ; but
we regarded it justly as a sacred institution. It was
both a civil contract and a religious rite. His Grace
reviewed the state of matrimonal obligations among
the Romans, and shewed from a variety of illustra-
tions and quotations the immense importance of
guarding them from the intrusions of licentiousness.
The misery that the crime of adultery caused to fa-
milies, was of the most serious nature. There was
one result of such criminality, which it was the highest
duty and soundest policy of any state to prevent ; he
meant the neglect of children, which was its natural
consequence. His Grace would not take upon him.
self to say how far, in ancient times, the barbarous
practice of the exposure of children might have arisen
from this offence; but he was sure that its frequency
might be fairly considered as leading to the greatest
indifference, and most shocking carelessness and ne-
glect of our offspring. His grace then proceeded td
the religious view of the question; and entered into
the history of the customs of the Western world on
the subject of 'marriage, which, until the Reforma-
tion, were considered here indissoluble. After that
great event, persons were set at liberty in cases of
adultery ; and subsequently the marriage of those di-
vorced by Act of Parliament took place. With re-
spect to his opinion, and that of his Learned and
Reverend Brethren on the Bench, his Grace observ.

on the
.work of legislation. He thought the expense:
mentioned in a suit of this kind much larger el 1
an a::}
circumstances seemed to warrant. On the presentfooting, it was impossible for any limitation of sod!:
expenses to bring relief to the lower classes of socie-
ty. The present system was a wrong one. It pro.
seeded entirely on the principle of granting a private
.favour by Act .of Parnament) and the man who
could devise a good remedy for the inconveniences
attending the present system, would confer a great
benefit on the country. He supported the propositiur
with much force, but considered that more good waa
still to be accomplished. -
Earl STANHOPE rose, he said, not to teach di_
vinity to my Lords the'Bi shops, but chiefly to oppos,
the Lord Chancellor's law. He declared that he
would lay his Lordship flat upon his back, and make
him unsay what he had said about the intermarriages
of the criminal parties before he had done with him.
His Lordship had questioned the validity of dlose
marriages. Why, then, were all the children bastard,'
and to lose their estates ? As for the people at Doe
tors Commons, they were the absurdest fellows in ,
world. What did they mean by a bond not to
that which they had no right to do ? As to pecouiar,
penalties, if the lawyers did not like to learn somela..
from him, he should give them a little from ah..
Dunning, who was a. very good lawyer. He was once
speakingito Mr. Dunning about pecuniary penalties
for offences, and Mr. Dunning gave him a sort of de.
finition• of a pecuniary penalty. He told him that a
pecuniary penalty was only the payment of a sum fol.
doing that which was illegal. A man paid the pe-
nalty (say £'20,000), and then he had dune no more
than he had a right to do in breaking the law. It thc,
Commons rejected the clause proposed to be inserted,
would their Lordships be so unjust as to refuse the
relief they ahought proper to give at first, merely to
save their Standing Order ? . Would not this be indi.
vidual injustice for the sake of a general theory ?
He had heard his Noble Relation (Lord Grenville)
make one of the finest speeches he ever heard in his
life against the. Slave Trade, which the 'Noble Lord
with the star opposite (the Earl of Westmoreland)
thought.was very beneficial to mankind, and then h.s
Noble Relation confuted that practice, which by his
speech this night be actually supported. Besides,
could not that House pass the Bill without the claus
He should not speak at length because there was so
thin an attendance on an important subject.
Lord GRENVILLE explained.
The LORD CHANCELLOR, with great good
humour,explained his former observations, and shewed
the misconceptions into which the Noble Earl had
fallen. He was very sorry that the Noble Earl had
misunderstood him ; but was much afraid they should
not soon understand each other.
Earl of LIVERPOOL stated, that the law of Erg.
land admitted of a separation between man and NOQ,
but not of a dissolution of the marriage bend. He
thought it proper that they should lay down some
general rules to regulate their proceedings in such
cases, from which they ought in no instance to depart.
He thought the measure proposed likely to
.do good
in some cases (those where some decency and vatuo
remained in the mind), but not in all. If they
did put it on their hooks, he could hardly conceive .1
case where it ought to be dispensed with.
Earl DARNLEY was of opinion divorces had been
sometimes too easily granted ; they had been granted
in cases where no evidence had been adduced at their
Bar to prove the adultery. He did not, however,mean to oppose the motion.—A division took place,
when there appeared, Contents 28—Not Contents 12
—Majority 16.—Adjourned.

ed, that by the divine law there was a liberty to marry
again, or else unquestionably that Reverend Bench
would, before now, have interposed. He quoted
passages from Holy Writ, in the original Greek, and
in the vernacular tongue, expressive of the Scripture
doctrine on this subject, and made a variety of re-
marks and used many arguments which we are sorry
we are unable to detail. He concluded a very argu-
mentative and eloquent speech by declaring that he
thought the measure an act of mercy. It was to
take out of the mouth of the seducer his specious, de-
lusive, and fatal arguments and temptations, to pre-
vent him from recommending himself to the weak by
saying he meant nothing dishonourable, and pointing
out a future marriage as a source of future and aug-
mented felicity ; the means by which female virtue
was but too often and too successfully assailed. He
felt it to be his duty, in the hope of attaining some
good, to support the motion now before their Lord-
ships.
Lord ERSKINE made an animated speech in sup-
port of the motion. He highly complimented the
Right Reverend Prelate for the sentiments he had
Uttered, and dwelt with much eloquence on the in-
stitution of marriage, the vast influence it had on so-
ciety, and the innumerable and inestimable duties and
benefits that flowed from it in all our relations, hopes,
and prospects. It was most extraordinary that the
Legislature could permit the foundation of such a
connection to exist hi the commission of a crime that
struck at its very root, and should enable those to
enter into all its advantages, who had treated it with
contempt and scorn by the nonobservance and viola-
tion of all the duties it imposed. The adoption of
the proposed standing. order did not prevent their
Lordships from acting in particular cases as might
seem to them fitting ; but the difference. was abun-
dant between the rule and the exceptions. What
greater misdemeanour could there be than seductive
adultery ? A misdemeanour was a private wrong,
but a wrong that injured the peace and happiness of
society • and surely nuisances and assaults were infe-
rior in the comparison. His Lordship painted the
picture of a family ruined by this afflicting offence ;
the woman degraded and forbidden—the children ne-
glected and despised—the husband made a mark for
the finger of scorn to point at. He had voted for-
merly in a minority in the House of Commons on this
question. He had, in near thirty years practice at
the bar, been concerned in, or conducted alrrrost every
case of this sort in the Chief Criminal Court of the
kingdom. Much came to his knowledge that could
not come before the Court, and the result of his ex-
perience was, that the prospect of the intermarriage
of the offenders was a very great facility to the com•
mission of the offence. He thought the passing of
the motion would be a memorial of their Lordships'
wisdom.
The LORD CHANCELLOR argued in favour
of the Motion on various grounds, but rejected the
opinion that the offence was much increased of later
years. As to the expences of a suit, that must de-
pend upon the circumstances of the particular case.
His Lordship reviewed and explained the law as it
stood, respecting divorces. The intermarriage of the
parties could not have been in contemplation when
divorces a vinculo matrimonii were first granted. He
stated- the difference between such a divorce, and one
merely a mensa et thoro, and noticed the circumstance
of the bond'eptered into in such cases. He did not
impugn the marriages that had occurred under such
circumstances as divorces a vinculo matrimonii, but
thought that the form of their. Lordships' proceedings
on such subjects required amendment. This was no
undue stretch, since the House already demanded in
the first instance, the proceedings of the Ecclesiasti-
cal Court, the examination of witnesses, and the ver-
dict of a Jury fur damages. He admitted that there
were cases which men of feeling and generosity would
be inclined to relieve, but it was impossible to look
at a legislative measure with sach feelings. As Le.
gislators, what they were to do, was for the general
benefit.
Lord GRENVILLE thought nothing more likely
to corrupt the female mind than the prospect held out
of an after-marriage with the seducer. Punishment
he considered intended entirely for prevention ; and
the sort of punishment proposed he thought necessary,
for the' sake of wives themselves, as well as for the
happiness of families. He exposed the futility of
any argument drawn from an anticipated difference
of opinion in the ljouse of Commons, since, if that
ware admitted, it would go to prove the impractica-
' bility of two distinct and independent bodies carrying

HOUSE OF COMMONS.
Mr. BLACKBURNE moved the further consideration of tl
Amendments upon the Manchester Small Debts Bill ; but
Mr. SPENCER STANHOPE moved as an Amendment, that
they be further considered chit day six months.
After some conversation between Mr. Frankland, Mr. Rose,
Sir Robert Neale, Mr. Curwen, General Tarleton, and Mr.
Davis Giddy, the Amendment was adopted, and of course the
Bill is lost.

A Message from the Lords announced their Lordships assent
to the Locallifilitia Bill, and the Londonderry Free School Bill.
Mr. DENT gave notice, that he would e. rly in the next Ses-
sions move for leave to bring in a Bill for enforcing the Payment
of Small Debts at Bolton and Leeds.
The SPEAKER informed the Hon. Gentleman that a notice
was unnecessary upon a Bill of this nature.
Lord MILTON gave notice of his intention to move on Mor•
day next, for leave to'bring in a Bill to Repeal the Act preventing
Judges trying Civil Causes in their own Counties.
The Bastardy Bill and the American Trade Bill, were read:
third time and passed.
The LORD ADVOCATE of SCOTLAND obtained leave to
bring in a Bill to provide for the Families of the Scotch Militia-
men, when called into actual service.
Mr. HUSKISSON also gave notice of a motion forto-morrow,
that the Letter from the Treasury to the Comntissioners ut
Stamps in Scotland upon this subject should be laid before th.
House.

---
WOOLLEN MANUFACTURERS REGULATION BILL.
Mr. ROSE moved the second reading of the Woollen Manu-
facturers Regulation Bill, observing, that it was his intuition to
move for its committal to-morrow. It was, lie said, a mea,u:e
of con :iderable importance, and particularly to tho,e more Im-
mediately concerned, and therefore, he had afforded ample time
to all parties affected by it, to come forward with their state-
ments upon the subject, a fortnight having elapsed since the first
reading.
Mr. MOORE asked, whether it was really meant that the par-
ties affected by this measure, shoold be heard by their Counsel
before the Committee? This was a subject in %%thick he had in-
terested himself upon a former occasion, and stmie of the parties
had therefore recently waited upon bins ; hut not being able to
understand their object, he did not propose to meddle with their
case at present farther, than to plead for a fair consideration of
their claims.
Mr. ROSE replied, that as far as depended upon him, he should
recommend the hearing of Counsel before the Committee; and he
understood, that although the patties Solicitors for such a hearing
had been but a few days in town, the Contact had uudertaken
to
be ready with a statement of their case to-morrow tvriiing.
The Bill was read a second time and committed for to-
, morr ow.
'Lord BINNING presented a petition from certain Inhataitants
of the County of 1-raddington, complaining of some provisions of
the Income Tax.—Ordered to lie on the table.
The House in a Committee went through the Nova Scotia
Trade BM, and the Report was ordered to be brought up to-
more ow. •
Lord TEMPLE announced his intention of moving to-morrow
for Copies of the Reports of the Medical Staff to the
Board, with regard to the State of the Army employ,d in !•:pa!:'.
and Portugal, and also for a Return of the Number of thtt-s
Sick or Dead since the arrival of the army alluded to in this
country.
Mr. FRENCH obtained leave to bring in a Bill for regulatitt;
the Fines payable by persons charged with Treason, Felony, "r
other Offences in Ireland, and for Amending an Act of the Iri.ls
Parliament of the Stith of his present Majesty upon that subject.
SCOTCH STAMPS.
Mr. 'WHITBREAD observed, that among the account of it:kr.-
dents for Stamp Duties in Scotland, the sung of ,6 100 was stag'"
to have been paid for pfocuring brills and allowing premiurt
their discoont. This item was to him quite incomprehen:ll-:

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, however,
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of course the
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School Bill.
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the Payment
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of the parties
being able to