The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-07-07 00:00:00

LIGHT-HOUSES.

Mr. HAWES wished to know whether it was the intention of
the hon. member for Middlesex to found any legislative mea-
sure on the report of the select committee on light-houses ; and,
if so, when such measure would be introduced ?
Mr. Hums said, that he had obtained leave to introduce a
bill on the subject, and as the bill was now read•, he proposed
to bring it in on Monday or Tuesday next. He hoped, too. that
be should be able to carry it through parliament this session.

ENGLISH MARRIAGES IN FOREIGN COUNTRIES,

J u L COMMITTEE, PRIVY COUNCIL, FRIDAY, JULY 3.
SWIFT AGAINST SWIFT, OTHEIZIVISE KELLY —This wes an
appeal from the Arches Court of Canterbury, which affirmed
the sentence of the Consistory Court of London, in a suit which,
as originally instituted, was for restitution of conjugal rights,
promoted by Mr. Richard William Swift against MI Elizabeth
Catherine Swift, claiming to be Mrs. E. C. Kelly; the suit being
met by this lady by a plea which brought in issue the validity
'of the alleged marriage at Rome on the 25th of March, Ib3l.
The facts of the case were briefly these :—Mrs. Kelly and her
daughter (natives df Ireland) went to the continent attended
by a male and female servant. Miss Kelly was of the age of 19,
and possessed of a considerable fortune. They became ac-
quainted at Florence with the Countess de Morlaudi and her
family, (also natives of Ireland,) consisting of a son, Mr. Swift,
the party iu the cause, and a daughter, married to an Italian
gentleman, the Chevalier de Sodra. The families became inti-
mate, and pi oposals cf marriage were made by Mr. Swift to,
Miss Kelly, through
.her mother, which the latter .civilly de-
clined. The intimacy of Mr. Swift and Miss Kelly, however,
still subsisted, and Mr..Switt set about procuring a clandestine,
marriage between thein,"\vith which view he obtained from the
papal authorities at Rome,- where the parties then were, a faciil7
tv, authorizing a priest to act as parish rector, and n license for
the solemnization of the marriage, on condition that the parties
abjured the protestant religion, and were admitted into " holy
mother church," which Mr. Swift represented they were both
desirous of doing. On the 25th March, 1831, about eleven at
night, the Abbate Lepri, with two Italians, named Mazzio and
Gregorio, proceeded to the hotel where Mrs. Kelly and her
daughter resided with the documents for the abjuration and
marriage prepared. Miss Kelly left her mother in the drawing-
room, and went, unknown to her, into a room in another part
of the hotel, where, it was stated, the ceremonies of abjuration
and marriage were both performed in the space of about a quar-
ter of an hour. Miss Kelly, in her plea, alleged that she was
ignorant of what was passing on this occasion, (though a ring
was placed upon her finger, according to the witnesses, and she
signed the documents,) but supposed she was merely signing a
promise to marry Mr. Swift when she came of age.
In the court below Sir John Nichol held that, according to
the evidence in the case as to the Roman municipal law, a real
conversion was essential to the validity of a marriage where the
parties had 'been protestants; that the authority for the mar-
riage had been granted on that supposition, whereas the conver-
sion was admitted to have been simulated, therefore the authority
for the marriage was void, and, consequently, the marriage
itself was void.

Lord Brougham delivered the judgment of their lordships.
After taking a short view of the facts of the case up to the lath
of March, the day of the alleged marriage, he observed that the
testimony of the three witnesses present at the marriage differed
as little as that of the witnesses usually do. According to their
statement, Miss Kelly recited the formula of abjuration, re-
ceived absolution, and Zistened to an exhortation on the indis-
solubility of the marriage tie, and on the obligation of edu-
cating the children by the marriage in the Roman catholic
faith. Further,the ring was blessed by the priest, and placed
upon the bride's finger, and both parties were"asked whether
each would take the other as husband and wife, and each
answered "yes." The acts of marriage and abjuration were
subscribed by both parties. There were 'two questions in this
case: first, whether or not, supposing the parties intended to
contract a marriage, such a contract as this was valid by the
law of Rome; secondly, whether or not, supposing the acts
done constituted a marriage by the law of Borne, each party
knowingly consented to marry the other. There was a third
question, namely, whether there had been a cohabitation; but
this was wholly immaterial with respect to the question of the
validity of the marriage, though it might, if proved, tend to
render Miss Kelly's allegation of ignorance of the contract less
credible. The ground of the judgment under appeal proceeded
upon the assumed fact, that Miss Kelly was not cognizant of
the marriage and of the abjuration. Assuming the leition
most favourable for the defendant, namely, that the abjuration
of the protestant religion was a condition precedent to the mar-
riage, had this condition precedent been performed? It had
been said that this could not be, because neither party intended
hereby to renounce the protestant religion; that the renunci-
ation was false ; that it was accompanied by no act of the
trend, but done for a mere secular put pose—a secular marriage.
But their lordships were all of epinion that this objection was
insufficient; that where the act had been done, it was not com-
petent for them to inquire into the real motives. Where two
parties voluntarily contracted a marriage, it would be consist-
ent with the principlesof the whole marriage law to allow one
party to set a marriage aside on such a ground, and thus easily
get rid of the fetters of the. matrimonial contract. There. was
nothing to show that where there had been an actual abjure-
;thin, supposing even A concomitant intention to return to the
protestant religion by a second abjuration, a marriage. so 7
•.4etursizesteni the faith ofthe Mitt abjuration would not be valid.
The license in this case had been granted on the condition that
no abjuration should take place before the marriage. It
was difficult for a court to try so nice a question as
whether an abjuration was prompted by secular motives,
or the deductions of reason ; whether it was done pia
salute anima. or from objects of worldly interest. Before
he proceeded to consider the result of the evidence of the
lawers, he would make one remark, namely—that when
lawyers were called upon to state the low, they might give their
opinions as dicta, without any reasons, and if they differed,
one must in such case be weighed against another; or,:second-
ly, they might assign the reasons upon which their opinions
were grounded, which would enable others to judge bow far
those opinions were correct. In this case the Roman lawyers
generally, who had assigned their reasons for thinking this
marriage invalid, had assumed that Miss Kelly's abjuration was
insincere, or that she was not cognizant of what hau taken
place at the marriage. Upon a consideration of the whole of
the evidence of the Roman lawyers, their lordships could not
see any thing in it to justify a belief that a Roman tribunal
would-set aside a marriage solemnized by a Romish priest on
the groune that the party was insincere, or that such an issue
would be tried as the motives of the party. Bv the general law
no marriage would be void merely on the proof of a false repre-
sentation unless one party imposed upon the °titre. Their
lordships were called upon, by confirming the sentence appealed
from, to pronounce null and void a marriage solemnized before
three witnesses, deliberately solemnized, between Mr. Suitt and
Miss Kelly, she being proved to have entertained the strongest
attachment towards bine and being admitted that she had pro-
rhised to marry him at a future time. If she had been induced
to merry him through deception or fraud, it should be distinctly
shown that Miss Kelly, was not cognizant of, or consenting to,
the marriage. I-ler bare assertion now, not given on oath, that
she did not understand the cercnions, or knew that she was mar-
rving Mr. Swift, was not sufficient. -What did she understand?
Why did she leave her mother's drawing-roots, and go up stairs
merely to sign a !nowise to marry ? It was taxing their lord-
ships' credulity too much to require them to believe the account
she gave—that she should risk her mother's anger, of whom she
stood in awe, and go through this ceremony merely to repeat a
,promise already git en. All this was quite independent of th.e
tin, of the act of abjuration, of the absolution, of the exhort tit-
Hon, spoken to by three witnesses whose characters were unini-
peached. except from their being pat ties in a clandestine mar-
riage, which inference was, moreover, much weakened by the
consideration that their lawful superiors were aware of the whole
proceeding. But the parties had not merely been attached to
each other: they had carried on a secret intercourse. They both
knew Mrs. Kelly WAS, averse to the match, and would not give
her consent, yet they continued their correspondence. Under
these circumstances there was nothing improbable iu their

Years ending sth July. •
1834 1835 Increase. Decrease.
£ £
Customs. 15,547,210 18,004,725 2,457,515
Excise 14,192,872 11,598,607 —• 3,194,263
Stamps, 6,624,602 6,493.028 131,574
Taxes 4,869.610 3.887,591 982,019
Post-office, 1,3,7,000 1,390,0„0 23,000
Miscellaneous.. 470,610 539,067 68,457
I i
Total Income 43,671,904 41,913,018 2,548,972 4,30,858
• - -•- Deduct Increase 2,548,972
• Decrease on the Year
Qrs. ending sth July.
1831 1835 Increase. Decrease.
Customs 4,077,207 4,461,627 384,420
Excise ....... 3,053,509 2,302,048 551,461
Stamps._ - 72,143
Taxes 1,925,429 1,500,393 ---,—• 425,036
Post-office 338,000 342,000 4,000 ------
Miscellaneous 108,235 112,018 3,813
•
•
Total Income 11,198,694 10,542,87 . 392,233 9,048,640
I)..itia". 4.14.1 it-,.. a , 49Y,244

!Else on the Quarter....

STATE OF TRADE.

656„407

LREns.--The trade in the Halls,on Saturday was very flat;
on Tuesday a slight improvement took -placer but the demand
is not extensive.

BRADFORD.--No change in the Piece-market, the merchants
purchasing cautiously. Scarcely anything doing in the wool;
prices nominal. The Yarn market is dull; a decline is antici-
pated by some, as wool rather looks down, but it is ouly in a
very trifling degree.
11UUDERSFIELD.—The market on Tuesday was somewhat
alive, especially as to cloths, a considerable quantity of Which
changed hands.
WAKEFIELD WOOL MARKET, JULY 3.----The transactions in
wool have been on a very limited scale this week, and a further
reduction in price must l Submitted to in order to effect sales
in long wool. Short wool, although dull of 'sale, is held at the
same price.
DONCASTER WOOL MARKET, JUNE 27.—There has been a
good supply of wool at our market this day,t and a full attend-
ance of buyers; but there was nut so much business done as
might have been expected.
Yoga WooL MARKET, JULY 2.—Our market to-day has ter-
minated one of the dullest that has been witnessed for a long
time past, though we had a good attendance of both farmers and
manufacturers, with a fair supply of wool, prices have declined
at least one penny per lb. upon our last quotations. For all hug
171 d. to 1824. per lh.; one-third hog'd 161-to 171.; half hog and
ewe 151-d. to 161 d.; one-third hog'd I'4id. to 151,-d.; wethers
14d.; all ewe 13d. to 14d.; locks and cots 9d. to l Id. ; cast wool
12d. In moor wools as yet nothing doing.
Romans LF., JUNE 30.—We have had another very dull mar-
ket this week. The buyers of flannels appear to be very cau-
tious; they take nothing but what absolute necessity requires.
and consequently many goods remain on hand. This state of
things makes the manufacturers equally cautious how they lay
in their wool; indeed, they will not buy at all, except at a re-
duction from late prices; and the staplers are therefore compel.
led to take a little less.

TURKISH JESTS—One day, Nasir-ed-din ascended the pul-
pit of the mosque, and thus addressed the congregation :—" Oh,
true believers! do you know what I am going to say to you ?
"No," responded the congregation. " Welt, then," said he,
"there is no use in my sreakin,g to you," and he came dow n
from the pulpit. He went to preach a second time, and asked
the congregation, " Oh, true believers! do •you know what I
am going to say to You ?" "We know," replied the audience.
Ah! as you know it," said he, quitting the pulpit, why should
I take the trouble of telling you ?" When next he came to
preach. the congregation thought to fix him,,and, when he
asked the usual question, replied, " Some of us know, and some
of us do not know." " Very well," said he, " let those who
know tell those who do not know."
AMERICAN OPINION or ENGLISH POLITICs.—Tbe O'Con-
nell-Radicalism of Great Britain is precisely the sortie in feeling,
spirit, and principle, as the Jacksonism and the Albany Regen-
cyism of this country. In regard to reforms—all salutary changes
necessary to the general happiness of the people, and for the
diffusion and preservation of tine liberty, we are. in favotir of
them. But liberty and licentimisness are very differeni things;
and next to the subversion of the' Fettetarttintirtilliffi OT our
own country, should we deplore the overthroW of hose glorious
institutions of England, which, despite all their faults,, have
made her one of the noblest nations that tver inhabitedt he earth.
What principle in the code of humanity, of law, of liberty, of re-
ligion, do we enjoy in the United States, that was not derived
from the institutions of England? As to the present struggle
there, it is not, as formerly, between whigs and tories, but be-
tween the conservatives and destractives. The real whigs of Eng-
land, and the ablest and most liberal of the aristocracy, are-act-
ing, in conceit to preserve all that a true English patriot can
hold dear—these are the conservatives; while the demagogue
whigs, the harks' unions, and the radicals, ate in league against
them ; and most justly are they pronounced destractives. Evil
.will be the day, not only to England; but to the whole world,
when they shall triumph in the destruction of the British Con.
stittition.—New York Commercial Advertiser, May 20.

DEA Ttl OF MR. CAMPBELL,' YOUNGER of FAt4FIELM.--It
has scarcely ever fallen to our lot to record a more heart-rend-
ing event than the untimely death of this amiable young man,
by an accident as sudden as it was unexpected. he had taken
his passage to Leith, along with his mother, Mrs. Campbell, in
the Ardincaple steamer, from Newcastle, and came on board at
South Shields, about seven o'clock in the morning of Monday
last. The vessel was about fourteen tallest() the eastward.of the
Bass about five o'clock in the evening, and Mr. Campbell was
on deck, leaning with his back on the upper rail or netting of
the bulwark on the quarter deck or poop. The captain was
sitting opposite to him, and his mother, Mrs. Campbell, was also
sitting on one of the folding seats of the ship, conversing with
him.—He had just looked at his watch, and was going down to
dinner, when, in a moment, he lost his ba!auce and fell over-
board. The captain ran instantly awl made a snatch at him,
but in vain. Not a moment was lost in lowering the boat, the
captain himself having cut the lashings, and the vessel was
instantly stept, as the engineer happened at the time to be •on
the deck. Mr. Campbell was seen floating and throwing out
his arms about yards from the vessel, and the boat had
nearlrreached him, being not more than 10 yards distant, when
be disappeared, and was never seen more. The small boat con-
tinued round the spot for about half an hour, till all hope of re-
covering him, was lost. Mr. C. wore a heavy great coat, when
the accident happened ; and it is
,suppesea that his sudden
disa4earance.was either occasioned by the weight of his clothes,
or that he bad been stunned or otherwise injured in his fall.
The vessel was rolling coniidcrably at the tittle which was no
doubt partly the cause of the occident ; and the captain had
suggested to Mr. Campbell that it would be safer to take a seat.
This deplorable accident is peculiarly aggravated by the cir-
cumstance of Mr. Campbell being an only child, and by the
presence of his mother, whose distress may be conceived, but
cannot be described. The agitation occasioned among the
passengers and the crew by this fatal accident was very great.
Edinburgh Courant.

TO CORRESPONDENTS.

Crsino's slashing letter on the Liverpool Literary Journal (we
never heart of it before) will appear in our next.