The Sun.
London, England, 1834-08-09 00:00:00

two clauses to introduce which would effect the object of the
omitted clause in a much better and safer manner. The clause
under discussion had drawn forth some disgusting observations
on the Right Rev. prelate, which he had condescended to
notice, and he was charged with oppressing females, and en-
couraging masculine immorality. He (the Lord Chancellor)
would not stoop to rebut these charges, though it was easy to
say that those who advocated the old system encouraged im-
morality, countenanced conspiracy, and abetted fraud and per-
jury. He would not say that those who were opposed to him
were guilty of suborning such crimes ; but if those to whom
his Right Rev. Friend alluded were in his (Lord Brougham's)
position, they would not hesitate to make the charge. With
regard to the question before them, their Lordships must see the
value of the facts stated by his Right Rev. Friend. He was
aware that there were many persons whose imaginations could be
easily excited by stirring them up to a dread of infanticide ; but
on this point the facts were with those who support the clauses.
The practice of other countries proved that this fear was
unfounded. If it were said, confine your view to England,
he would reply that he would not be content with one view of
the subject. He knew how the old system worked here—he
was aware of its evils—and he was warranted in going beyond
sea to seek a remedy for them. In France, before the time
of the Code Napoleon, the law with regard to bastardy was
the same as ours, and a great deal of infanticide was the con-
sequence. When the law was altered bastardy became greatly
diminished, and would have still more decreased, but for the
cruel policy of Napoleon, who encouraged population, and
countenanced foundling hospitals, which no one would deny
were calculated to increase illegitimate births. Napoleon en-
couraged these hospitals, and the diminution of infanticide was
not as great as it otherwise would have been. Those hospi-
tals were now done away with, and the good consequences
were on the increase. In Belgium, under the old system, in-
fanticides amounted to two or three hundred, they were now
reduced to but about three or four. In Ireland, where there
was no penalty on the man, there was no infanticide. In no
part of the known world was this crime (he would not say less)
so little known as in Ireland. It would be violating the pledge
he had made, and uselessly adding to the observations made
by his Right Rev. Friend, if he occupied their time longer;
nor would he delay the Noble Lord, who was about to succeed
him, as he knew the impatience of delivery and the pain of
postponing the happy moment, which, in some instances, ex-
ceeded that of postponed parturition.
Lord FALMOUTH said that it had been forgotten in the
course of the debate that the inducement to false swearing
would be removed if the money levied on the father of the
child were not handed to the mother.

The Duke of RICHMOND thought that the father ought
to help to support his illegitimate child, and he should there-
fore have voted for the motion of the Right Rev.- Prelate but
for some other considerations which he entertained. He must
admit, that in the experience he had had in the country in his
magisterial capacity, he had seen that great injustice was often
done to persons who had illegitimate children sworn to them,
because they could not find sureties. They were sent to gaols,
where they were sometimes confined for a considerable period,
their associates being persons of most abandoned character.
He was most anxious to have the law altered in this respect,
but he could not bring himself to consent to its alteration, un-
less he found that their Lordships would adopt the clause which
had been proposed by an Hon. Baronet in the other House, and
which, he was happy to learn, was to be embodied in some
clauses that the Noble Duke intended to introdnce.

Lord TE YNHAM would vote for the omission of the
clauses. He believed that there were 100,000 women at this
moment pregnant with illegitimate children—( Great laughter) ;
—the proposed law, therefore, would have an ex post facto
effect, which appeared to him a strong reason for opposing
it. He denied the fact, as it had been stated with reference
to France, by the Noble and Learned Lord on the Woolsack.
The law of France was altogether different from that of this
country, since in France they had abolished the law of pri-
mogeniture. The women of France got husbands by their
virtues ; in England women got husbands by their big beliies.
—(Much laughter.)
The Marquis of WESTMINSTER intended to oppose
the clauses to be brought in by the Noble Duke. He was
favourable to the Bill in its present shape.
The Bishop of EXETER had not seen, though he had
heard, of-the attack made on his Right Rev. Friend ; and he
must say, with reference to that attack, that there was no man
in this House, or elsewhere, to whom he would more entirely
give credit, not only for the purity of his motives, but for the
zeal with which he had exerted himself to carry into effect this
measure, of which he no doubt conscientiously approved.—
( Hear, hear.)
Their Lordships then divided on the clauses.
Contents—Present
Proxies..

42
40
-S2

Non Contents—Present

Proxies

-71

Majority against the amendment.

On clause 68,
The Marquis of LANSDOWNE moved, by way of amend-
ment, the insertion of a provision to exempt the mother of a
bastard child from imprisonment or any other penal punish-
ment inflicted under the present law.
The amendment was agreed to without any observation.
On clause 69,
'The Marquis of LANSDOWNE moved as an amendment,
" until such child shall have attained the age of sixteen."
The effect of this amendment would be that the child should
not follow its mother's settlement beyond that age.
This amendment was also agreed to.
On clause 69,
The Duke of WELLINGTON said that he had several
clauses to propose, by way of amendment, which had for their
object to alleviate the severity of the Bill towards the female.
The Noble Duke then read his clauses, which provided—
" And be enacted, that when any child shall hereafter be born a
bastard, and shall, by reason of the liability of the mother of such
child to provide for its maintenance, become chargeable to any pa-
rish, the overseers or guardians of such parish, or the guardians of
any union in which such parish may be situate, may, if they think
proper, after diligent inquiry as to the father of such child, apply to
the next General Quarter Sessions of the Peace within the Juris-
diction of which such parish or union shall be situate, after such
such child have become chargeable, for an order upon the person
whom they shall charge with being the putative father of such
child, to reimburse such parish or union for its maintenance and
support ; and the Court to which such application shall be made,
shall proceed to hear evidence thereon, and if it shall be satisfied,
after hearing both parties, that the person so charged is really and
in truth the father of such child, it shall make such order upon such
person in that respect as to such Court shall appear to be just and
reasonable under all the circumstances of the case. Provided al-
ways, that no such order shall be made, unless upon the evidence of
the mother of such bastard child, or unless such evidence shall be

corroborated in some material particular by other testimony to the
satisfaction of such Court, nor if it shall appear that the mother of
such bastard child had at some previous time been delivered of an-
other bastard child : Provided, also that such order shall in no case
exceed the actual expense incurred, for the maintenance and sup-
port of such bastard child while so chargeable, and shall continue
in force only until such child shall attain the age of seven years, if
he shall so long live : Provided also, that no part of the moneys
paid by such putative father in pursuance of such order, shall at
any time be paid to the mother of such bastard child, nor in any
way be applied to the maintenance and support of such mother.
" And be it enacted, that no such application shall be heard at
such sessions unless fourteen days' notice shall have been given,
under the hands of such overseers or guardians, to the person in-
tended to be charged with being the father of such child, of such
intended application ; and in case there shall not previously to such
sessions have been sufficient time to give such notice, the hearing
of such application shall be deferred to the next ensuing General
Quarter Sessions : Provided always, that whenever such applica-
tion shall be heard, the costs of the maintenance of such bas-
tard child shall, in case the court shall think fit to make an
order thereon, be calculated from the birth of such bastard child,
if such birth shall take place within six calendar months previous
to such application being heard ; but if such birth shall have taken
place more than six calendar months previous to such applica-
tion being heard, then from the (lay of the commencement of
the six calendar months next preceding the hearing of such appli-
cation. Provided also, that if, upon the hearing of such applica-
tion, the court shall not think fit to make any order thereon, it
shall order and direct that the full costs and charges incurred by
the person so intended to be charged in resisting such application,
shall be paid by such overseers or guardians.
" And be it enacted, that if such person so intended to be
charged shall not appear by himself or his attorney at the time
when such application shall come on to be heard before such Court,
according to such notice, such Court shall nevertheless proceed to
hear the same, unless such overseers or guardians shall produce an
agreement under the hand of such person, to abide by such order
as such Court shall make thereon without the hearing of evidence
by such Court : Provided always that such Court may, notwith-
standing such agreement, require that evidence shall be given in
support of such application if it thinks fit, before such order is made
And be it enacted, that whenever such overseers or guardians
shall have determined to make such application as aforesaid, it
shall be lawful for one Justice of the Peace, at the request of such
overseers or guardians, to summon the person so intended to be
charged with being the father of such bastard child to appear be-
fore him ; and if such Justice shall be satisfied that such person has
any intention to abscond or keep out of the way in order to avoid
the consequences of such application, such Justice may require
such person to enter into a recognizance to appear and answer
thereto ; and in case such person shall refuse to neglect or enter
into such recognizance, may commit such person to the gaol or
House of Correction of the county, riding, or division, within which
such parish shall be situate, until he shall enter into such recog-
nizance, or until such application shall be heard.
" And be it enacted, that if at any time after the expiration of
one calender month after an order shall have been made in pursu-
ance of such applicatien, it shall appear to one justice, upon the
oath of any one of such overseers or guardians, that the payments
directed to be made by such order have not been made according
thereto, and are in arrear, it shall be lawful for such justice, or any
other Justice, by warrant under his hand and seal, to cause such
putative father of such bastard child to be brought before two Jus-
tices of the Peace ; and in case such putative father shall refuse
or neglect to make payment of such sum of money as shall appear
to such Justices to be due from him under such order, together with
the costs of apprehension, it shall be lawful for such or any two
Justices to proceed to recover such sum and costs by distress and
sale of the goods and chattels of such putative father, or by attach-
ing the wages of such putative father for the recovery of such sum
and costs, in the same manner as wages may be attached under the
provisions of this act."

The Marquis of WESTMINSTER cordially seconded
the motion.

Viscount MELBOURNE quite concurred in the propriety
and advantage of the proposed clauses, which he considered
fully calculated to put an end to the many cases.of perjury
and hardship which but too notoriously occurred under the
present system.
The Bishop of EXETER opposed the clauses, which he
described as a consummation of the iniquity of the Bill. He
denied that it was an act of kindness to the female : on the
contrary, it was not till she had worked herself to death, and
been compelled by utter exhaustion to apply to the parish, that
she was to be assisted ; and even then the money which was
obtained from the father was not to be given to the poor
woman, but to the pqrish.
The Duke of RICHMOND was surprised at such observa-