The National Register.
London, England, 1822-06-23 00:00:00

194

31mi:trial Varltainent.

HOUSE OF I.OROC.
xl0h1)Alt, .111 NE 17.

The House met at tour n'cloek.
Lord Rolle. the Duke of Rutland. •i_ 14.- _e L I
__smooth. the Bishop
of Chester, and the Bishop of ht. David's pre,enitl a considera•
able number of petitions avaitut the Roman Catholic Peers' Bill.
The Earl of Shatte.bury abo pre: en•ed s.veral petitions of a
similar ttntlency. They were severally read and laid on the

Lord If MIL warm pretcnted a petit;ou from the wool trace
of London. agamq Ihe imito;t::oon duty on tin, Igo irctol.
The farq,tts of LANSDOWNE pre•ented a petilion from
erftain owners and occupiers of land nt Scarsdale, complaining of
agoeultond distrews.—Laid on the ruble.
TRADE AND NAVItiATION BILLS.

The Earl of LIVERPOoI, robe to propose the second reading
of the Commercial Statutes repeal Bill, the Navigation Act
Amendment hill, and the importati nof Goods Bid. The noble
Earl said, tie first of these hills was to rcpeul not less than 30n
acts ur parliant nt, which had passed prior and sairstquent to the
reign of Charles the Second. This reseal would prove an easen-
tial benefit o the commerce of the :aunt ry. One a.van rage would
ht. t',at it would enable the merchants to know what could be
by law. The multitude of statutes on the subject of navi.
gatin
i . ' occasioned great inconvenieree which would be obvi.
med. m, ;Lit ,•;_stiect to the Navigation Las, the principle of the
navigation 1:..: not been violated. The two great principles
were these, first. that Th.; plods should be imported from Asi3.
Ati do. andAmerica,isle•they cninc in British ships ; the
e-iso.r was, that colonies. in shill:v.,' Parts oldie world were ailowed
to esporl: !heir own coninoxlities own ships. It became
necessary to loo!: at all the branches of f:lre!gii trade; and the
bid gave the power or importing to this count:., in Spanish alups.
The effect would be, to Mesa a direct intercourse with Spanish
South America.—With respect to Asia. Africa, and America.
the law remained unaltered. Anoeisir branch of trade was .Isis
opened. British ships seexallowed to the produce of Asia,
Attica, and Anicrim, not only for home cott:iomptio • , but for ex-
purtacon. Tile object was to make this cotionlii a tiept4 for the
couttuodities of is.l the world. It WAS proper to gii rUP all the
narrow views of commerce. It had been always suppiNed that
restricting foreign commerce was ben.ficial to British commiiitce,
bat the effaet was quite the revert:. By encouraging foreign
commerce. and enlarging the trade of to• er ni.tions. England,
undoubtedly, emended her own trade. The noble Earl conclu-
ded by moving the recond reading of the bill.
Ater a few words form Lord Ilan:wood, the bill was read the
second time.
The other bills were also read the second time. _ _

Lord BATIIU RST then rose to move the second rending of
the Colonial and West India 'frade 8.11. The noble Earl fueled
the difficulties which had attended the colonial trade from the
West Indies to the Coned States, and the first Bill was to enable
the trade with the United States to be carried on dirttly instead
of indirixtly. It was intended to lay a small duty on produce
brought in American vessels. The ditty was not to amount to
prillibition, but to give the trade of Gleat Britain an advantage.
The Marquis of BUTE did not rise to offer any opposition to
the Bills, but he called the attention of the House to the slave
trade, which was connected with West India Trade. lie was
Inxitius there should be a better registration of slaves- lie ex.
pressed a hope that the noble Lords at the head of his Maj sty's
liovemmerit would turn their attention to the sabject. Ile con-
sidered the haltanient of England competent to make a law that
would effectutdly ana-ier the purpose of preveuting the Slave
Tr ole.
The Bills were then re id a second time.
The Bankrupt Laws Bill pissed through a committee, and
was reported without amendments.
The LORD CIIANCELLOIL as we understood, laid on the
table another Bill on the same sulUect. he House at/journal.

TUESDAY. JUNE IL

Mr. Tomlyns press tad an account Of the quantity of gold bul-
lion and bars imporetal into tLis country, under the 29th of
Gorge the 'Third.
Petitions against the Catholic Pere' Bill were presented from
the weavers of Gliegew—the parish and boiough of Ilungerfonl
—the clergy of Sion College—tie point' of St. Botolph--the
Welsh clergy, &c. Read and laid on the table.
The Banktupt Laws Bills was read a third time and passed.
The West India Intercourse Bill went through a committee.
1 ha Colonial Trade Bill, Ancient Conuneren,l Statutes Repeal
Bill, and the Navigation Bill went through committees.
Ea•l DARNLEY moved for a return of all correspondence
with the Government of Ireland, respecting the bta3oucry of
I t eland. OttirreJ.
The Duke of RICHMOND presented a petition fmm Arthur
Chichester, Esq. against the Alatriage Act Amendment
The peziton cemplained that the Bill would render valid the
Illarrtaps of the Duke of Donegal, to the great injury of the
petitioner.
NIARRIAGF. ACT AMEND'IENT BILL.

On the motion of Lord ELLEN Hi/BOUGH, the House went
into a committee on the Nlarrh.ge Act Amendment Bill. The
noble Lord tnen said, he rose to address the House under great
anxiety, particularly when he ansidered that noble Lords of
great Weft were ready to give their °Milton on the bill. The
noble ford then stated several cases which rendgred the bill ne-
e.ssary. In the cases be brought before the House, marriages
had been set aside in the 'Hurd lamentable manner, in conse-
quence of the real or implied want of consent to the Multiage by
a tither or guardian. It was quite unnecessary fur him to state
to the House all the nii:eries occasioned by the debts of the
Marria:;e Act. Marriages could be set aside, either by the man
who had committed a fraud oa the woman, or the heir at law of
property. The Home ought to consider what must be the state
of society living under the irregular oy of such an act Pub is
literals were not only undermined, but a son of bot.n• y was held
out as if it were for crime. Tne bill Wine the I Louse would repeal
lye clause of nullity in the Alternate Act, from which all Cie evils
had arisen. The bill allowed parent, and guardians a limited •
time to nullify marriages. Bela:vim; that, by the law of God,
every marriage contracted by persout competent to enter into
the contract, was valid ; he could never believe that marriages
oio;ht to he cis olved, whle'i had unce been coocontracted
'When crux nomad, he con •idertd a tuarriaae incapable of being
annuiled—unirs, by the adultery of one of die parties. He en-
tre.t.td the !louse to reflect on the retrospective clause. In the
petition which had Just been read, the petitioner seas in error
when he stated that outlaw-nage hail been affirmed by a retros-
pective act. In !Vs! acts were pussol to render certain ma rieiges
valtd. He did nut think that the hill went tar enouah in apply-
ing to exizting u.arnagis—it ought to extend to the marriages of
their father. He pressed the nice sity of altering the law as it
stood. and in wishiag to ext..nd um retrospective clause, he had
no desire to alter the state of property. To the security of too-
petty they owed the security of the state ; but every man who
labored tae property, did it for kis children, not for persons who
might seize it Itom his children upon a clause of the marriage
art. He was convinced the Hattie: would come to the consider-
& ido of isle retruspeetive clause with the same feelin•t us himself.
He let the Bid to tae House, anti paiticularly to the' noble and
kamed Lord, who generelly directed aria mind to the examibution
of bob at this kind.
Lord' Tv/WEL entered into I luminous view of the sublet',
and opposed some of the previsions of tbe Bill, as calculated to
do attire uniseltiel than they were intended to remove. 'I he a able
and learned Lori considered the bill brought in at too late a pe.
Nod of the sestion, std suggested that it should be poaterned to
next session. clam to lie tit:. or up fitly and w ell considered.
The Lid of IVE"....T3IO:ILAXD, And 4r:eral orbit Lords,

THE NATIONAL REGISTER

entered into the discussion. The dense in question was the pros-
pective clause, which gives to parents and guardians t►te power
of avoiding the marriage tin the case of a minority) until the
minor shall attain his or her age or sit years. The House then
Adjourned.
WEDNLsDAY, Jt',lE 10.
. .

Several petitiora were proienied against the Catho'ic Peers'
11111.

The Earl of LIVERPOOL moved the first reading of the
Army and Navy Pensions' Dill, and fixed the second reading ter
l oaday.
Lord RING stated that it was his intention, on the second
readmg, to move .cmc alteration in the pre.,nible.
The Colonial Trade, the Navigation Bill. the West India
Tra IC) and the Ancient S,atu.e's Repeal lid), were sever:Lay
read the third time and passed.
ARRIAGE ACT.

Lord ELLENBOROUGH moved theorder of the ddy fur fur-
ther proceedings on the Martine Act Amendment Bill.
The discussion in the Cunituittee, winch laid been adjourned,
was accordingly tesuitied.
The Arcl.bilUittp ut CANTERBURY rose to state his objection
to the bill. It was the business of the House to impose all tile pro•
leetton the human mind could devise with a view to the s corny
of matriage. It was their duty to prevent clandestine niatriages,
but when marriage was once solemnised the law should prevent
its being dissolved. Tie bill before the House did not gu to
that extent. and the right tee. Prelate therdbre opposed it. Mar.
,riage, in the course of debate, had been called a civil cuntract.
It certainly was a civil contract, sanctioned by religion. It was
a ruienin contract, a religious ceremony. performed in the House
of God by it minister of time gospel.
laird i.LLENBOROUGH said he heard with great sati,far-
lion the opinion of the must rev. Prelate. yet lie cuuah not consent
to give up the piinciple of the Buil. Since the debate of last
he untleistood a miale and learned Lore( was prepared to
ot:r clauses tin the consideration of the House, which would
apply to the marriage of minors. He should (ruder these cir-
cumstances withdraw his atnendtuents... . .

TheArelthisnop of YORK concurred in the opinion expressed
by the Archbishop of Canterbury.
The Earl of LIVERPOOL agreed in . hat had been said by
the right rev. Prelate, namely. that where a marriage hat taken
plat.', there should be no nudity. lie their proposed that the
claussei of his tuf!)l..: and learned Friend silutrid be delivered
in mail re-printed with tuc 11.11, fur the purpose of being rc•
cononntted.
LORD CHANCE:II.OR said, the great ohjcct they all
had ire view was that of letting person, who had undergone the
ceremony of carriage, lowa whether they were married ur not.
The clauses of the hill then under dhcussion could not be adopted.
—lt certainly was must alesirable that persons should know that,
after the ceremony of marriage had taken place, it could not be
dissolved.
Lord It EDESDALE proposed, that the consent of persons to
be married should be expressed In writing, stating that they were
twenty-hue years. The statement to be attested by prisons nut
related to the parties. Al. persons obtaining a licence arid mar-
riage by fraud to terfeit all the interest or emolument lie or she
may obtain by such marriage, and be liable to a prosecution for
a high misdemeanor.
Lord E 1.1. E N DORM' G H proposed, that the noble and
learned Lord's clauses might be discussed by the Committee
anat. the clauses in the bill had been disposed of.
The LORI) CHANCELLOR declared his intention to oppose
the discussion of the retrospective clause an the Bill, on the grim .nd
that it ought to be discussed after all the other clauses in toe bill.
Ile should therefore now wove as an amendment, " that this
clau-c be postponed."
The cutnnutiee divided, and the amendment was nc:gatived—
Coatents, 40—Non contents, a 9.
Lord ELLENBOROUG ill then addressral their Lordships in
sup, ort of the retrospective clause, and proiosed some verbal
amendments, and the except:oils to winch he had alluded yes-
terday. One amendment purported, that provided any property
or honours had b--*ll enjoyed under the coluar tit a marnage so-
lemnized without the consent of parties entitled to give consi-nt,
and Oat no judgment had been renouncal, the right to give to
the said property and honours should nut be affected by the pro-
visions ut tile present bill.
The Earl ut LIVER POOl. said, that it was a very serious
matter tor the legislature to step in to declare that a suit to inva-
lidate a marriage should proceed no further. Ile therefore gave
notice 'slain amendment, providing that the bill should not apply
to any pendmg suit.
Lord It E.DESDALE also objected to the retrospective portion
of the clause.
Lord ItOLLAND adverted to the general injustice and cruelty
of the exi,tiog law. Let the House consider toe magnitude and
importance of the evils that arose out of the existing system, and
the:, their Lordships would nut allow them attenuon to be di-
verted from the remedy by minute and technical objections.—
They had to enrove existing evils, and to repair what was past.—
They should be guided thereture, by the rules ut substantial jus-
nce, and sic old m.t, in order to meet an objection which might
be started in a court of law, sacrifice the happiness of the cum-
mutiny fur winch these courts were established. Parliament had
ofien, tin fanner occasions, legislated on the principles which
were embodied in the prospective clause of the bill. Tire retros
p.-ctive clause was said no introductal to answer a particular in-
env.dual c,sr. It was natural, it a case of great hardship W 45
known, that it should excite ate nrion to the law under which it
uccurred, and which oiliest for a reure.ly. lie thought the clause
ought to pass, and was not yet deterred frum supporung it by the
objection that it affected third parties.
Lord ELLEN BOROUGH said, that with the idea which he
had of the 'sacredness of the marriage act lie could not agrie to
the amenthueot of the tube Earl opposite. Ile could not allow the
elEct of marriage to be pro .o.i.oned fur a year. Ile could not
allow the sword to be suspended by a single thread user the head
In every family to the kingdom. he thereture called upon their
Lordships not to allow the Infliction.
A long conversions:l ensued oar the clause proposed by the
Earl of Lis erpool, to except from the retrospectie a opera:ion of
the bill eases in which snits had been commenced, within a year
alter the passing of the act. The Lurd Chancellor, Lord Hol-
land, Lord Redeadide, and Lord Barnhart-wish were the chief
apertkei s.
The Earl of HARROWBY defended the first part of the
clause, but objected to tire allowance of a year for commencing
wits. lie proposed, therefore, as au amendment on the clause,
omitting this latter part of it, which was agreed tu. The clause
as taus an euded was tbeu pal, and the committee divided,
when there appeared—l:valetas, 42—Not cuuteut, fibs—Ma-
jority, 10.
The clause was therefore lost, and the bill left, in this res-
pect, as it was first inhoduced. 1% hen we were re-admitted
Iwo the house we found their Lordships discussing the clause
relative to the bans and licenses. 'llse Lord Chancellor ob-
*did to the penalnea tae clergj mart who might commit
a nonfat:if thruugh want of immolation, and must thus be in •
dieted for what in him W 33111) offence.
A vote was not called fur on the other parts of the bill. The
committee adjourned fill to-morrow, when it is understood
' that Lord Redeedale will propose his amendments. Adjourned
at 9 o'clock.