The Statesman.
London, England, 1823-05-10 00:00:00

SCOTCH MARRIAGE.

HOUSE OF LORDS, May 9.
Gems REID, Esq. Appellant—Mrs. Jeam RCM Re-
spondent.
In The Statesman of Thursday last, we gave a sum-
mary of the circumstances atieniling this case, and of
the proceedings in the Courts below.
Dr LOSHINOTON, for the appellant, now resumed his
argument, which he had commenced on Wednesday, and
contended, that the writing, termed a "declaration of
marriage" between these parties, could not in law be
held as imporing a matrimonial consent de prwsenti,
and meat, therefore, he construed as bearing nothing
more than a promise of marriage to be contracted at
some More time—a promise to which the law will give
no effect, unless it has been followed by a copula, of
which iuiportant fact there was, in this case, no evidence
beyond that of Rachel Forrester, upon whose testimony
he made some very pointed observations.
Mr. ATTORNEY.ORNIRAL, for the respondent, argued
in support of the interlocutors appealed from as well
founded in law, and justified by the, whole evidence In
the cause, of which he laid before the House a very able
anal ysis.
Mr. Morece:EFF, on the same side, with much ability
and clearness, awed the various modes by which mar-
riage may he contracted in Scotland ; holding it to be per
settled and understood in that kingdom, that,
wherever mutual declarations, such as appeared in tills
case, had passed between the parties, they became co
ipso married persons, without reqniring any proof of
comestbitos • and, in addition to the authorities cited in
the respondent's case, he referred to the decision of this
House, 14th February, 1787, in the case of Robertson
against Inglis, as directly in point.
But, holding the declaration of the 13th of October 1908,
as a mere promise de .1-whir°, the Learned Counsel submit-
ted to the House, that the evidence of consequent copula was
here as strong and convincing as could be expected to occur
in any such case; and, after tracing from the mass of corre-
spondence of thel perties,4beir various meetings under the
cloud of night, the length of lime that they continued toge-
ther, and their studied privacy, he was unable to figure a
more powerful presumption in favour of such intercourse.
than the certainty which must have been felt by the respond-
ent, that, by yielding to the appellant's wishes in this re-
spect, while she had such a writing in her possession, she
would at once be raised from the situation of a menial ser-
vant, to be the wife of the appellant. Under such circum-
stances, the parties must have been more or less than mural,
if they had employed all these opportunities in amusing each
other with moral sentiments. And the Learned Counsel con-
cluded this part of his address, is the following appropriate
words of Lord Stowell, in toe casco( Cadogan v. Cadogans:
—" It may be possible that persons, of peculiar and eccen-
tric dispositions or habits, may live together, in such a man-
ner, without actual criminal connection ; end it is physically
possible that persons may be In the same bed together with-
out criminal intercourse. Courts ofJusticr, however, cannot
proceed on such grounds : finding person* in such a situa-
tion as presumes guilt generally, they must presume it in all
cases attended with these circumstances. They cannot adopt
the extravagant professions of Platonism, as the principles
of their decisions."
It being now four o'clock, the LORD CRANCRLLOR said,
Mr. MoNcateve,the House will, with pleasure, take what re-
mains of your at gement on Tuesday morning.
• 2 Haggard's Consistorisi Repotts, p.B.

Yesterday the despatches were closed at the East India
House, and delivered to the Pursers of the following ships,
viz. :—Aleryeis of Wellington and Princess Charlotte of
Wales, for Madrid and Bengal.
Yanwouvi, MAT S.—Arrived io the Roads his Majes-
ty's frigate Seringapatam, and sailed again for Leith, to
take on hoard Sir Benj. Bloomfield, Bart. for Sweden.
The great increase of population In Brighton, within the
last six years, has been ascertained by the numbers of men
returned between the ages of IS and 43, who are liable to
serve in the militia. in the year 1817 the number was IslBl,
and in the present year 2140.
We regret to learn, that by the fall of a tree near New
Brunswick, on Sunday last, Mr. Mathews, the commedien,
received some injury, and Mr. Price, the manager of the
Park theatre, had his leg broken. These gentlemen wereon
their way from Philadelphia to this city, in a private car-
riage. [The foregoing information is derived from the
Philadelphia Gazelle. If true, it is singular that the news
should not have been received hers before this late period].
—New York paper, April 2.
BALTIMORE, APRIL 3.—The President:of the United
States, in commemoration of the distinguished services of
Major-General Fayette during the Revolutionary war, has
directed that the fortress at the Narrows, heretofore called
Fort Diamond, should be known hereafter by the name of
Fort La Fayett. The ceremony, in conformity thereto,
took place yesterday, at one o'clock, P.M. In honour of
this event, Major-Cleneral Morton directed a salute to be
Bred from the battery by a battalion from the brigade of ar-
tillery.
ST. PETERSBURG, APRIL 16.—According to official
accounts, the population of Finland amounts to.
1,177,548 souls. Since 1015, the population has increas-
ed by 51,589. •
ROTTRRDAM, Mac 4.—Beginning with the 7th of this
month a steam packet, De Honing der Nederlanden,
will sail from Rotterdam to London every week.
WINDSOR,MAT B.—DRITRUCTIVIC FIRIL-00 Wednes-
day night, soon after toelyt o'clock, an alarming tire
broke out in the premises of Mr. Disbrow, bookseller, in
Castle-street, which in a little time was burned to the
ground. The fi sines caught the adjoining, house, which
was just fitted up for ,Ur. Rietard Cloile, corn-chandler.
Notice was immediately given to the Foot and Cavalry
Barracks for their assistance : their engines cause imme-
diately-, but they could not get water in time. This se-
cond 'house was consumed in a short time, the wind
being high, and every thing so dry, the flames commu-
nicated to Mr. Roberts' house, a very large grocer's
shop, which was soon consumed to the ground. The
next adjoining house was Mr. Blunt's, saddler to hie
Majesty, which was shortly gutted to the ground. Mei
adjoiuinklimise to Mr.Blunt's was a widow woman's, of
the name of Ward, the half of whose house fell in, and
here the fire was got under. The engines hare been
playing all day on the premises ; the wind shifted in the
morning, otherwise many other houses would have
shared the same fate. Great ilimaga is done to Mr.
Knight, the bookseller's house, which is opposite, owing
to the great heat of the flames ; and the engines were
' obliged to keep constantly playing on them. Great
praise Is due to the Fusileers and the Life (Wards for
their assistance in every respect—helping the people to
move their goods, and guarding th.'m afterwards. *Chili
was the most alarming tire that ever waiknown in Wind-
sor, and-many of the starters could lot save any thing.