The Sun.
London, England, 1822-05-21 00:00:00

MARRIAGE. ACT AMENDMENT BILL.

The House went into a Committee on the Marriage Act
Amendment Bill, and its amendments were read. •
Mr. WETHERLL objected to the first clause of this
Bill, which went to put into the power of minors, the contract-
ing of marriage with a view of afterwards, by the connivance
or otherwise of their parents, annulling them. It was, id his
opinion, a piece of useless legislation, which, under the title
of a remedial act, only went to render the defect of the law
more glaring than before, and to declare that to be law which
was as notorious as the price of Muscovado sugar, which ap-
peared in the Gazette weekly. This Bill might, have been
very useful if brought in twenty years ago, but at the present
time it acted as a bounty on the obscurity of the marriage
laws. The Hon. and Learned Gentleman concluded by mov-
ing that the- clause be read that day six months.
Sir JAMBS, MACKINTOSH said, he had not expected to
hear any one oppose the Bill of his Hon. And Learned Friend,
still less did he expect it from the quarter whence it had issued.
His Hon. and Learned Friend near him (Mr. Wetherell)
seemed to admit that the present Marriage Law was one which
violated all the moral feelings of mankind, rendered property
insecure, and caused discord- among families.; and after this
admission, he supposed it Ives in the exercise of his ingenuity,
in order to render a 'principle so shocking palatable to his
audience that he had argued against 'it. His Hon. and
Learned Friend said this Bill was of no use, as the law of mar-
riage had been clear and notorious since twenty years ago.
He knew that he alluded to the decision in the case of Lydyard
and Horner. But according to the present law, marriages
with only the consent of the natural mother so long ago as
1755 Were now void, and the issue thereby affected, and he
asked what could Lydyard and Horner- do in that case ? By
this law nullity was propagated from generation to generation,
throughout the whop course of the matrimonial circle. By it
no father could know if he possessed paternal authority over
his child—no child know if he owed filial duty. It became ne-
cessary for every one about to enter into-a state of wedlock to
scrutinize the marriages of the ancestors of the family into

PRICE- SEVENPENCE

•
. .
'which he was going to. enter. This Bill even left an opening
for much fraud to be committed, and be:regretted that it did
• so. His Hon. and Learned }'aiend complained that this clause
put it in the power of itidilidnagto commit fraud for-the space
of a certain number of years. But the present. state of thelaw
not only permitted the young man marrying under. certain cir-.
cumstances, to places his wife in, a situation of great dep&r.den-
. ,
cy, but also put it out of his, power ,to amend it. It declared,
that marriages against the consent,,of parents or guardians were
null and void for ever. This Bill circumscribed that power to
within a feW years. He gave. the-Bill his. entire support.
Dr. LUSHINGTON perfectly agreed with- his lion.land
Learned Friend, . that there were aefectstinthe.Marriage Laws
loudly calling for amendinent,although they. might not deserve
the glowing, description ofhis honourable and Learned Friend
on his, right (Sir jathes Mackintosh). Butt:ouch as this Bill
W4S necessary, it did not in his opinion go far enough, and was
most obnoxious in some of its clauses. .lieparticidarly alluded
to that clause which put it in the power of. the father, mother,
or guardian to annul a marriage contracted againSt 'their can--
sent before the age of twenty,one. He • 4lao .ailtrerted. to a
. clause-which gave the same power in the
.case of a . marriage
.Iduring minority without the consent of-parent Sor gnaxtlitins.,-
I.he first of these,clauses gave an arbitrary Power over. per Sons
without their consent; and in the latter case the guardian or
parent might be abroad or absent, and-it would -be extremely
hard to visit individuals with punishment for sins which they
Could not avoid committing. He thought it would' be much better to fix an earlier age, and, to declare all marriages before
'that indissoluble. •
Mr. WETHERELL explained. -
', Dr. PHILLIMORE made a few observations in defe.lq of
tie Bill. --It was true, as was stated by his Hon. and Learned
.FriendS, that this Bill left the marriagcs of minors in equi!ibrio
for a certain.number of years ; but he set against that evil that
the present state of the lain declared marriage contracted by_
minors, without the consent of the parents or guardian, null
and void for ever. lie assured his lion. and Learned Friend
opposite, that if he had the same opportunity which he (Dr.
Phillimore) had of .witnessing the oppressive and devastating
operation of thiS part of the-law. he would not make the objec-
tion' to his Bill which he had advanced.

The question was then put, and the Clause was agreed to.
On the second clause being read, •
Mr. WETHERELL said he objected to it, because
read
sirtl
jia At
Adiliay
ssix MALI
months.lN
took of the nature of a retrospective law. He
moyed that it be
TOSH observed, that if his. Hon.
and Learned Friend objected to a 'law beci.tise•it was retro-
spectii-e, he must. quarrel with a great. number of our bast
laws. With regard to the defect in our law Which this clause
was intended to remedy, it almost justified the charge b-ought
against us by foreigners, that we had no feeling for any thing
that could not be expressed in younds, shillings; and pence.
He saw minors protected against tailors' bills,' bitt,tll". i'llar-
riage Act was left unprotected. All the ties of honour, and
all the- interests of society,- and the principles of social life,
were violated by such a state of law. He then referred to
several Bills which had been brought in since the Maraiage
.Act, retrospectively}- to confirm marriages which had been so-
lemnized atter it had passed, and in violation of the pro:-
visions of that Act, to chew that there were precedents for
that interference which was now contemplated. Under the
present law, marriages were not' valid, if solemnized in- a
chapel which had not been licensed before a certain .period.
Yet surely no reproach did attach to a lady or gentleman,
who, when their warmest affections were called forth and
about to be united, ornittAl to inquire when the Chapel was
licensed in which the marriage ceremony was to be per-
formed. - But this, however, it might be contended,.
they
were able to do ; but something was required- under the
butn t dhoo . w Theycould
existing law to make marriages secure; which the parties could.
taqscueirrr into
nwo
marriageshent chapewlhhicandibiaedenbleiecr
cseelde.,
might
in
brated perhaps seventy years before, and which from being
liable to be called' in question, might mutually make theirs
a nullity? The existing law, therefore, want to hang doubts
veer '-every marriage in 'the kingdom ; and to
affect not
only the partia to them, but all theifdescendants. The Ope-
rations of the law as it stood were most injurious iu.every re-
spect. It was calculated to produce the worst effects on Socie.:
ty. lie would suppose an elder brother of one of .the first fa:
milks in the kingdom to marry. The law, as at now stood,
had a tendency to induce his younger brother, to look oveir the
history of the wife's family, in' the hope of discoVering'some
by which lie might bla...k the •
dren grow up in he and comfort, indulging the reason..
able expectation of succeeding to that fortune to which they
considered tl\ernselves to be born ; and when the breath had
left the body of their parents, the younger brother of the
deceased might spring
,on his victims and turn them out des-
titute orphans. and outcasts on the world. He did- not say
such conduct was likely to' be common, but sueh.was the
tendency of the lau'as it now stood. ' Having .adVerted to the
measures introduced at various periods to mitigate or correct
the evils growing out ot the Marriage Act, he proceeded to
controvert -the argument of. Mr:. Burke, " tbat a minor who
was incapable of binding himself by any other contract.; ought
not to be held capable of marriage." This he conceived-a
gross fallacy ; she Wed that marriage was an act, with, respect
to which, the principles which had held- good in ordinary cases
did not apply; and he therefore condemned the Marriage-
-Act, as being at variance.-with the wise structure. and ge-
nerous -spirit of British Law. It certainly had more of the
insolence of the Patricians of Rome, or of the imbecile,Gran-
dees of Castile, of seeking to preserve their blood from being
. contaminated by a plebeian connection, than was consistent with
that , equality -which it was the object of the Britisb, Consti-
tution to uphold by one unbroken chain, extending from the
Very foot of the throne to the extremest limit of liberal educatioli.
It was a law fashioned to protect rank and wealth, but direct-
ed against virtue and nature. It protected the daughters of
men of wealth from the poor fortune hunter, but it left her
liable to be sacrificed by the avarice of her parents. It 'guarded
against the errors of youth, which were likely to be generous,
but made no provision against. those of age, which were fro-.
cjuently quite as mischievous, and which were less•frequently
on the side of generosity ; and it went to make brothers and
relations 4pies -on eachrother, and to make inquisitorial inquiry
and suspicion take place Of that confidence and mutual esteem
which it ought to be the object of legislation to encourage and
preserve. On these grounds, when the present- amendment
was disposed Of, he should move to leave out the words which
he had mentioned.

Mr. WETHERELL explained his view of the measure.
Mr. D. GILBERT reminded the House, that only.six years
ago, when, through a technical omission, some millions of pro-
perty had passed to those to whom it was not intended to
be conveyed, the legislature had interfered by a retrospec-
tive measure to correct the error. He wished' the, present
measure to pass,and would be content that it should pass,
even in a state ess perfect than could be wished, so that it
were kept clear of that which, might endanger its success in
another place. .
The Marquis of LONDONDERRY thought the Rill ought
to pass; and if the Legislature was under a moral obligasion
to alter the law, he could not bring his mind tn any point at
which they could stop, withput attempting to remove that
mass of calamity which had accumulated under the _present
system. In his opinion they would fall very short of their
moral duty, if they did not attempt, as far as lay in them, to
iemedy the evil. He could not see why a clause should be
introduced to put those parties now before the. Court in a situa-
tion different from that of parties who were not before the
Court. The measure ought to be ma X comprehensive as
possible ; and those small technicalities v;r• ch threw difficulties
in,the way of ordinary proceedings ought not here to be allowed
to affect to omnipotence of legislative justice.

The Athendment was negati-ved, and. the Clause, the Amend.
ment proposed by Sir J. _Mackintosh having been thrown out,
was agreed to.
The remaining clauses were then disposed of, the House re.
sined, and the Report of the Committee was ordered to be re-
ceived to-morrow.

On the motion of Mr. GOULEURN, the House went into
a: Committee on the Irish Poor Emplofment Bill. The blanks
were filled up, and the House h!ving resumed, the Report was
ordered to be received to-morrow.
NAVIGATION BILL.
Mr. WALLACE moved the Order of the Day for the House
resolvirig itself into a Committee of the whole House on the
above Bill.

On the question—" That the Speaker do new !gave the
Chair," ,
Mr. IVALLAC rose and said he- wistiqd to offer' to the
Houk a few observatiehs on the natu.re and -ohjectAthe mea-
sure which they were About to discuss in Committee. He would
do this chiefly for the. twose of meeting .certain-,objections
which he understood had, in some degree, been advanced