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Lord Bkougham entirely approved of the bill . Lord Cxmpbeia also generally approved of the bill , but suggested that there should be but one court having jurisdiction in these cases . He illustrated the hardships of the present law by the story of a trial for bigamy . It -was clearly proved that the prisoner had married another woman -while his wife was atiU living ; and , being asked why sentence should not be passed upon him , he said , ' < My lord , mine is really a hard case , for my wife committed adultery , and not only that , but she married another man , and , as she had taken another husband , I thought I might take another wife . " " But , " said the
judge , " you are quite mistaken . The course you ought to have taken was this : —first , you should have brought an action against the adulterer , to be tried by judge and jury at assizes ; then , having obtained a verdict , you should have instituted a suit in the Ecclesiastical Court , and obtained a divorce a mensa et thoro . Having done that , you should have petitioned the House of Lords to grant you a divorce , and "brought a bill into the house , and proved at the bar of the house that your wife had been guilty of adultery . Then , having obtained the sanction of one branch of the legislature , you should have carried your bill to the House of Commons ,
and asked them to concur in it ; and the House of Commons having concurred in it , you should have obtained the Xoyal assent ; and all this you might have accomplished for 1 , 000 / . " ( " Hear , hear , " and laughter . } " ILord blesa your honour , " returned the prisoner , " I -ras never worth 20 / , in all my life . " " Well , " said the judge , " you must obey the law , and , as you have married another woman while your wife is alive , Tnaust transport you . " Cases of this kind frequently happened , and scenes , too , occasionally occurred in Parliament , in connexion with divorce bills , which were degrading to the legislature . . '
Lord Redesdale had deliberately come to the conclusion that as the law of the land declared the marriage tie indissoluble , that law ought to be retained . He declared that , practically speaking , the law makes marriage indissoluble , for the means by which it could be dissolved were not accessible to the vast majority of the people . When * he was appointed a member of the commission on this subject , lie was aware that some new course , in respect to divorce , must in some shape or other be adopted ; but when he came to consider the whole bearing of the subject upon the morals of the people , and when'he saw what the necessary consequence
would be of taking even a slight step in the direction which was contemplated , in the very appointing of the commission , he confessed he felt it his duty to differ in opinion from his fellow-commissioners in the report which they prepared . The House should bear in mind , that what they were proposing to do by this bill would not reach the case of the poor manthe man of 20 s ., or even of 20 / . A . divorce would not be obtainable under this bill except at a very considerable expense . It would not be like the law in Scotland , nor would it throw opea the door
generally to the people . A . court would be appointed , composed of three of the highest judges of the land . The proceedings must not be made too easy , but must be carefully watched . If divorce a vincuh must be considered a right , and be made a legal remedy for adultery or bigamy , it -would then become necessary to establish inferior and cheaper courts , which , in his opinion , -would be a most objectionable course to adopt . He fully agreed as to the inexpediency of the present mode of granting a divorce , and that it ought to be done away with ; but his own opinion was that the relief ought not to be extended to any .
Lord St . Xeonard s , on the contrary , insisted on the necessity of a change ; and declared that in certain cases divorce is strictly just . But ho complained of the constitution of the tribunal and the general inefficiency of the bill . Why had they left unconsidered the right of action for criminal conversation , that disgrace and stigma of modern civilisation ? It appeared to him that the bill is wholly defective in not dealing with that point ; for if the action for damages and the application for dissolution of marriage were brought before the same tribunal , the court , in trying the first , would really be trying the whole ques
tion , and would be enabled to decide on the application for a dissolution of marriage almost without additional trouble . There was at present an excuse for the action for damages in the circumstance that that House , speaking generally , would not grant a dissolution of marriage unless damages were first recovered , the recovery of those damages being regarded as a proof that the man had sustained an injury in the opinion of a jury of his countrymen . However , if a new court were to be established with absolute power to grautji separation a vincuh natrimonii , ho did not see that any excuse for the action for damages would any longer remain .
The Loiu > Chancellor having replied , the bill was read a second tim « .
OXFORD UNIVERSITY BILL . The House went into committee on this "bill as amended , beginning with the clauses de nuvo . Mr .
E . Dektson thought that the names of the additional commissioners should be made known . Lord John Russbix said he would do so before the report -was brought up . The several clauses from 2 to 30 inclusive were disposed of . On clause 31 , which provides that colleges may amend statutes with respect to eligibility of fellowships and other emoluments , much discussion took place , and several amendments were moved with a view to the more stringent securing of adherence to the main design of founders' wills . The amendments were , however , all negatired , and the clause was agreed to be practically unaltered .
The next clause ( 32 ) was also subjected to a protracted discussion . It proved that a power of veto upon any of the ordinances of the commissioners should be with two-thirds of the governing body . Mr . E . Dbnison feared that this power would enable certain'university authorities to frustrate every attempt at reform . He declared himself dissatisfied with so lame and impotent a conclusion to the labours of the commission . Lord Johk Russeia admitted that the bill had been altered for the worse , but the alterations had
been in consequence of thqgjLecisions of a majority of the House , lib became a question whether such alterations should be made , ox no bill at all should be passed , and Government had considered the former course most advisable . He added that the whole object of the alteration would be defeated if the proviso objected to by Mr . Dentson were not . retained . The Chancellor of the Exche <* ckb explained that the proposed veto would depend upon the votes of two-thirds of the whole governing body , and not two-thirds of the persons convened . ¦
Sir w . Hba-thcoxb , in reference to the provision that the veto should be founded upon the declaration that any proposed regulation would be injurious to a college " asa place of learning and education , " proposed to omit the latter words , as improperly limiting the rights of the governing body . On division , this amendment was rejected by 159 to 111 . The clause was agreed to , and progress was reported . Mobnino Sittings . —It had been arranged between two private members and the Government that two
bills which they promote should be taken at a morning sitting on Tuesday ; and the Government had also fixed business for Thursday morning . Mr . Disba / eli , on Monday , opposed this course . In the existing state of affairs , he said the country will be dissatisfied should the session be too rapidly terminated . It is early yet ; there is no pressure of business . Would not Government wait until the Government is " reconstructed . " Sir Charles Wood explained how matters stood ; but late in the evening , Mr . Disraeli succeeded in his movement , and the morning sittings were discharged .
Mr . Dishabli renewed his attack on Thursday . It was proposed to fix the Law Procedure Bill for a morning sitting on Monday . - In an opposition speech Mr . Disraeli harangued the House against morning sittings ; and it was agreed to postpone the morning sitting on that bill until next Thursday . In the meantime two other bills were fixed for morning sittings next week . Mr . Disraeli tlien found that another bill was fixed for the following morning at 12 o ' clock , and moved that the order be discharged . On a division he was defeated by 131 to 58 . The Ministerial members received the announcement with general cheering .
Roman Catholic Prison Chaplains . —In Committeo of Supply Mr . Spoon er , gained a triumph over the Government . In a vote of 351 , 0002 . for defraying the expenses of prisons at home , he found an item of 650 / . ' provision for Kornan Catholic priests . " No such charge had ever been made before , and he should move that it be struck out . Lord Fai / merston explained that in principle the vote was no novelty . Sir Georgo Grey had , when in office , afforded to the Roman Catholic convicts in Millbank , the comforts of a priest of their cvni religion , in order that reformation might go on with punisliment . That system it was proposed to extend to all Government prisons . —The amendment was opposed by Mr . Scholefielo , who denounced it as bieotry , by Mr . J , Ball and Mr . Lucas on Irish grounds ; and supported by Mr . Addeumcy , Mr . W . J . Fox , Mr . Hadkield , Sir John Paiumgton , and the amendment was carried against tho Government by 168 to 18 G . —The item was accordingly struck out .
Fokeign Biixs oir Exchange . —Under the new Stan \ p Duties foreign bills of exchange are liable to duty . la committeo on the bill , Mr . Humis proposed to omit tho clause imposing the duty , mainly on tho ground that it would shackle commerce . Other members , notably Mr . Thomas Bakino supported him , urging that our great coinrncrciul rival , tho Umtod States , wi s ely refrained from taxing bills of exchange . —Mr . Wiuson , Mr . Gi / VN , and Mr . Gladstone explained the true state of tho case . By the new bc » 1 o of bo
duties tho stamp on 100 ^ . will reduced Id ., instead of la . C < 1 ., and from Is . to Is . fid . upon 6 O 0 J . instead of 4 s . The bill will remedy the great evil affecting the holders of foreign bills of exchange . As tlio law now stands , any person holding a bill , purporting lo bo drawn in the colonies or in foreign parts , but really drawn in London , cannot recover tho amount . Unless the proposed tax be ncreed to , tho reductions on home bills ot exchange cannot be made . In point of fact by subjecting foreign bills to the duty , the homo trade ia put on alovelwithltTio foreign trade . —On a division , tho amendment waa rejected by 178 to 110 ; majority fo
Government , 63 . —There was no other contest over the bill . Chcbch Rates . —Mr . Packle withdrew his bill on church-rates on Wednesdey . It was a pro-church-rate measure , uphel d the right of the church to the Tates , and stood no chance of being cat ried . SuoAft in Breweries . —Upon consideration the < 3 overnment has changed it 8 determination with regard to ftie use of sugar in breweries ; and on Wednesday , in Committee of Way * and Means , Mr . Wrusos proposed and carried a nolnfcwa permitting its use . The reason which actuated the Government in formerly proposing to prohibit that employment of sugar , vras that great frauds on the revenue might be committed ; now they have determined to risk the chance of frauds for the benefit of trade . The concession was generally approved .
The Irish Church . —Mr . Serjeant Shkb moved , for leave to bring in a bill to alter and amend the laws relating to tbe temporalities of the church in Ireland , and feo increase the means of religious instruction and church accommodation for the Irish people . The motion was seconded by Mr . Powlard-Ukqejhabt . —Mj . Brothartok moved the adjournment of the debate , which was agreed to . . The New Secretary . —In reply to the EJarl of Euunrborouch , Lord Aberdeen s aia that at present Govrerament does not intend to bring in a bill to alter the Act of Anne , -which provides that no more than two Secretaries of State shall sit in the House of Commons . Cases may arise , however ^ in which the statutory limitation will be found inconvenient ; and tbe subject is worth consideration .
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THE CITY ELECTION . The re-election of Lord John Russell for the city of London , has not given , rise to any excitement ; in&eied the proceeding has only been raised aCboye one of ordinary routine by the doings of MxiXT ^ iihart . I « ord John issued his address—a simple document— -on ihe 9 th June . After stating that he did not feel it necessary to explain his past conduct , as all the facts were before the electors , it proceeded in these words :- ^ - " Her Majesty's Ministers are engaged In the conduct of a great struggle . A mighty military power seeks to ovwawe Europe , and pretends to set aside the verdict of the civilised world . We have stood against this encroachment , and hope to check its farther progress . This contest has absorbed the attention of the people of this country . We all . desire a solid , durable , and honourable peace . "
There was no question but that hie would be returned as the Liberals were determined to support him . Nor did anyone dream of opposition . Tte public -were , therefore , surprised when , on the 12 th , Mr . David Urquhart issued the following address , which must have amazed the gentlemen of the city . We print it as a curiosity which our readers will like to possess : — "Inconsequence of the art and secrecy with , which an anti-national Government has managed this new plotvibe city of London is about to be deprived of its constitutional faculty of examining the conduct and character of the individual whom it is required to return as its representative and of re-asserting its bwn ' independerice . It 5 s to be constituted a Government borough , and London is to be comDroinised bv
a direct act into sanctioning the criminal measures which have led to a sham and collusive war , and which the safety of the realm requires it to impeach and punish . " Uader these circumstances , I am prepared to devote myself , that I may afford to any honest elector the opportunity of recording a vote against personal dishonour and public immorality . The mass of corruption and indifference has not to be considered ; it is the presence of virtue and wisdom that has to bo tested—if any sue !) exist in the land . These are the qualities by which nations live . Ten jiutmen might have saved Sodom and Gomorrah . "It is not my wish to come into the present House of Commons . To rescue England from its dangers alike of war and of peace must remain the task of a future Parliament , elected , by an aroused and indignant people : but Bhoudd that
revulsion already have been latently effected iu the breast of London , and should it unexpectedly burst forth , I am ready even to go iuto tbe present House of Commons . " In the other alternative , I afford you the opportunity of pledging your future member , whoever ho may be , to testconditions which shall , as regards the individual , either convert the sham war into a reality , and the approaching sham peac « into a settlement , or p lace perfidy in so unmistakable a light as to hasten the falling of tho scales from the < eyes , which , by happening in time , can alono rescue this empire from destruction . " Neither time nor circumstances admit of the employment of the ordinary electioneering organisation . I can do in this matter nothing farther than announce my purpose , and appear before you on the day of nomination . If tliia great occasion is to profit England , it can only bo by your spontaneous impulse
" 1 have the honour to remain , Gentlemen , your humble and obedient servant , " I > a . vid Urquiijwkt . 11 Duke-street , St . James ' s , June 12 , 1864 . " Mr . Urquhart made several attempts to address tlie electors , and to unfold to them the oracles couched in this document , maintaining , for one thing , that we have never declared war against , and that we are not a . t war with , ltussia , and insisting that the whole thing is a sham got up between tlie parties for the purpose of blinding the people . The Government , lie said , were traitors , and ought to be impeached . JL'he electors hissed and laughed at this , which they styled " nonsense ; " and Mr . Urquriart found no sort of fitvour ; especially as he interlarded bin strange
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June 17 , 1854 ] THE LEADER . 537
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Leader (1850-1860), June 17, 1854, page 557, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2043/page/5/
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