The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1875-03-27 00:00:00

:,-..-touvtiribe Qttie.

SATURDAY, MARCH 27, 1875

THL :,12kEtRIAGE LAWS.

Before the House of Lords separated for th:::
Easter recess, one ot its members brought b.-
ore it a subject of great social interest and im-
iortanee. Many years have now elapsed sine,:
circumtances of the YelYer4on trial brought
.o 7he miods of our people the startling, incon•
aities of oar marriage laws. First there was
an kish trial, then a Scotch trial, and, ait6r
,tn appeal to 'nth Hoes; "f Lords lel the high,
rribuna i the land- 01 the livp. eminent po,r
whd heard the arguments ar,/! decided the iu,
bords Brougham, Eirt'nisdown, Wensleydale, and
Westbury are dead, and Lard Cliehns.fotd, now
more than eifigity years of age, only survives.
The case, it will be remembered, was decided by
a majority of one, Lords Brougham and West-
bury holding that lady was a wife, and Lords
Chelmsford, Kingsdown, cud Wensleydale that
she was not. The anomalies of the law were so
glaring that a Royal Commission was son after-
wards issued to inquire into the marriage laws of
the three kingdoms.

The Commissioners found enough to convince
then, that the inhabitants of the three sections
were living under three different sets of laws, of
which two at least were in an unsatisfactory
state. There can be no doubt that the statutes
by which matrimonial relations are regulated in
Scotland and Ireland differ from each other in
their peculiar defects as widely as they do in
their character and origin. The difference of
creeds in Ireland, and the adherence of the
Scotch to the old maxim that consent constitutes
union, are the main causes of existing difficulties.
The Scotch matrimonial code has well been
pronounced aremarkable example of one of those
survivals which are more interesting to the
historian than acceptable to the statesman, while
the obscurity of the Irish Marriage Law is
simply that which is natural to all regulations of
this class in a country where the people are
divided in religion, and were civil legislation has
always shrunk from asserting its actual
supremacy.
The abuses consequent upon these conflicting
jurisdictions were very fully set forth by the
Royal Commissioners, who presented their re-
port as far back as 1868, and recommended
legislation. Seven years have passed away, and
what has been done? A whole Parliament has
since run its course; the Conservative Admin-
istration then in power has been succeeded by a
Liberal Government; and this, in its turn, gay.
was, thirteen months ago, to the Cabinet wuiclt
is now directing the destinies of the country
But amid the rise and fall of Ministries, the
calling and dissolution of Parliaments, and the
discussion of scores of measures both great and
small, the marriage laws of the United Kingdom
remain precisely where they did. This result
I toe not arise because our staLesing,n do not be-
!ieve that something should be doe. On tht
volitnry, there is a t.toral cohcurnimco of opin-
ion that amendment and reform are; nee issary :
Lord Chelmsford, a past Conservative Chancel-
lor, Lord Selborne, a past Liberal Chancellor.
all agree that "something should be done."
Then why not do it? is a most natural question
to put. It would not involve a great party strug
gle, like the Disestablishment of the Irish
Church, or the fight over a Reform Bill. Lord
Selborne and Lord Hatherley, both Liberals,
would heartily co-operate with Lords Cairns and
Chelmsford in endeavouring to remove the
anomalies which are complained of; and when
both political parties concur upon the principle
of a measure, it should not, in the eyes of the
world, be very hard to recommend it to the at-
tention of the Legislature. But the Lord Chan-
cellor has just told us that the clamour of those
who are opposed to chatigg would render abortive
the united efforts of those who are anxious
.for
that change. Although they may be few, they
are determined, and, notwithstanding that they
may be baffled at first, they would win in the
end.

The Lord Chancellor is doubtless right. We
have lately had experience of the success which
attends the exertions of a resolute and compact
band of men who have made up their minds to
defeat a great social reform. The Judicature
Act of 1873, by abolishing the intermediate
courts of appeal, and doing away with the
jurisdiction of the House of Lords as a legal
tribunal, did an immense service in cheapening
and, expediting justice. That, however, which
was advantageous. to the great body of the people,
necessarily trenched upon the emoluments of
the legal proUssion, the abolition of the jute.
mediate courts weaning no practice in them, and
the ceasing to practice before the House of
Lords, meaning the loss of the double fee which
are always paid to those who plead before .that
augukt asser,bly So, when the present power-
ful Government take up the work which the late
Ministry wqre unable to complete. and endeavour
to eitend to Ireland and Sent:Tina' th-) principle
ady rendered by Act of Parliament applicable
to England, thCy-Pr; Met by such a •strmig and
deterwined ol.position that they have no tuna-
t: lit; but to mop their tichemr-! uf r.:form.
Botii poi Neal partits c';neurrod in hoiliog that
neeess.iry, but. its opp ii;ents
11,‘ve triii,oplied over 'both tn A hliiii.iZraqon
it,id the PArliainenf. Lor;if.Ca.irus sees. that any
attempt to del ui Ii!IAL mai'ciage laws woubi
expose him to a similar fate, so he, following
the example of his Predecessors in office, leaves
them as he found them, confessedly unsatisfac-
tory, and condemned :iltko by a Royal Commis-
sion and by an enligeteued public opinion. How
long the interests of the people are to be sacri-
ficed to those of thia or that particular class or
section, it is not easy to say. But of this we are
certain—that if such had been the guiding prin-
ciple of Britizh legislation, not .one of those
great reforms could have been effected which
have marked the history nf the last forty years.
Manchester and Birmingham would have been
unrepresented in Parliament, and Gatton and
Old Stumm would. have continued to send mem-
bers to that ass_oubly. Slavery would eel have
flourished in our West India possessions; the
Corn Laws would have remained . upon the
statute book. No one can blame an Adminis-
tratioa for not being able to contend against an
adverse tideway; but that interests should oVer-
ride communities is opposed to all ideas of jag-
tice, and if pushed to too great an extent would
become intolerable.

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