The Sun.
London, England, 1850-03-06 00:00:00

her husband, might ex set from her husband a promise
that he would contract a subsequent marriage
after her death with some one of her sistars;
but it might happen that the husband
might have concieved an attachment for another sister.
He (Lord Mahon) did think that marriages where there
was affection only on one side could not fail to be prc-
dactive cf unhappiness; and such requests so ready by
a wife to her husband, even though they might ba un-
common, would produce the greatest struggle in the mind
of the husband, between the sanctity cf a promise
exacted and made under such circumstances on the one
hand, and the feeling of affection on the ether. Ile
thought if the House passed th:s Bill it would have
still furtLerconcessions in the same direction urged upon it
If the state of the law was to remain in the same posi-.
tion as that which it held before Lord Lyndhurst's Act,
he must say that he should not be at all satisfied with
it, but feeling that an amendment or improvement upon
that state of things could possibly be made by an altera-
tion of the present law, he should on this and on all
futere occasions give his strenuous opposition to this

Mr. COCKBURN said, that after the observations
which he had made to the House on the subject, it
might seem almost superfluous to make any further re-
marks upon the Bill before the House, but its opponents
on the other side had so entirely altered their position,
and had taken up such new grounds, that he trusted the
House would for awhile Lear with him.—(Hear, hear )
During the former debates upon this Bill those ho had
opposed it had, in the first instance, taken their stand
upon the express declaration of the revealed will of God,
but as the discussion advanced that ground ha I
been tacitly abandoned, and no one but the Honourable
and Learned Member for Plymouth (Mr. Bounden
Palmer) had even ventured again to bring it forwardl
That question had been effectually disposed of.—(" Hear,
hear," from Mr. Palmer.) Ho would show it in a few
moments by a rapid review of the arguments that had
been used in previous debates.—(Hear, hear.) The
Hon. and Learned Member for Abingdon (Sir F.
Thesiger) had said that the matter ought to be set-
tled by the Church of England. But how could thst
be ? The Bishops themselves were quite divided amongst
themselves, and the ordinary clergy were altogether
indisposed to a common conclusion.—(Hear, hear., But
even supposing the Church to be of one mind, which, as
he had just said, it was not, its community did not in-
clude all England, and the Dissenters, almost to a man,
if he might judge by the petitions on the table, were una-
nimous in favour cf the Bill.—(Hear, hear.) In what
way, then, could they treat this, bat as a question of so-
cial and domestic policy—as one affecting the nearest
and dearest of domestic ties?—(Hear, hear.) It was a
recognised rile that whatever was not prohibited by the
Divine law was allowed and permitted, and there was no
prohibition in the text of the Scriptures against
the marriage of a man with the sister of a
a deceased wile.—(Hear, hear.) It weer true that the
Hon. and Learned Member for Plymouth had discovered
in the deep recesses cf his recondite learning that some
obscure Hebrew sect, of Ai ho m he would venture to say
tharnot twelve mea in that House had ever heard, had
made out our present int irpret ition of the text of Leviticus.
But such a statement aas altogether without authority.
Now then 0 e Learned Gentleman says that we are not
bound by the Hebrew law but the Christian dispensa-
tion. Well conceding that, in what pelt of the New
Testament did they find these marriages prohibited? And
yet this point had been brought under the attention of
the divine Author, and not a word of prohibition had been
uttered by him. And now for the moral and social ground
which had been brought forward. It bad been said
that the:e was a possibility of the wife's sister becoming
a prey to the seductions cf the husband, and the
wife's jealous feelings being aroused, and thus the peace
of the domestic hearth being disturbed ; aLd yet these
same Gentlemen vaunted the morality of England
as being so much superior to that of
other countries, while they thus reasoned
on the pissibdity of the women of England
so easily forgetin„,.. all their feelings of honour in such a
manner as this. Why, agair, if the wife felt jealous,
would not she very easily get rid of her sister? On that
side they contended that these marriages were necessary
for many reasons—for none stronger than that when a
mother, lying on her death-Led and about to leave a
young family behind her, whom would she so readily
choose as her own sister? The Learned Member
for Sheffield admitted this, bat he said that if they
allowed this Bill to pass the feelings of the aunt would
in many cases be merged into that of a stepmother.
He (Mr. Cockburn) did not believe that. He doubted
if it were possible for a young unmarried female to
live in the most familiar intercourse with a
young widower without occasioning some remarks and
censure from the world ; and would any Member of that
House be ready to put any of their daughters and sisters
in that condition? That House could not create the
feeling of brother and sister where it did not exist,
nor could they legislate to prevent the rise and growth
of those feelings which were natural to every man.
Within the period since the passing of the law in 1835,
which they now sought to abrogate, as many as 1,500 of
these marriages had taken place within a very limited
district, and if they were not legalized the con-
sequence would be endless litigation with respect
to the rights of inheritance. Experience showed
thatl none of the evils alleged to arise from
marriages with a deceased wife's sister had any exist-
ence, and he thought it ;would be absurd to attempt by,
any legislative measure to put fetters upon those pea-
:ions and feelings which concerned the happiness of
mankind. Our own experience, as well as that
derived from other countries, clearly showed
that such a measure as the present might be
adopted without the slightest fear as to the eonse•
quences, either religious or moral, and on that ground,
as well as for the other reasons he had mentioned, he
should give it his suppot t.

Mr. SLIEIL said he did not know whether his Hon. and
Learned Friend (Mr. Cockburn) was a member of the Es-
tablished Church, but from the speech he had delivered ho
should conjecture that ho was " a Christian unattached."
—(Laughter.) If he (Mr. Shell) were a member of that
Church, he should have treated its canons which pro-
hibited marriages within certain degrees of affinity with
more profound regard and deference than that
manifested by the Honourable and Learned Gentle-
man.—(Hear, hear.) He did not intend to enter upon
what he called the dogmatical part of the question, that
having been amply dealt with by the Hoc. and Learned
Members for Abingdon and Oxford, and would simply
inquire what the effect would be, if this Bill were passed,
upon the wife of the husband, and on the prospective bride
whose path to the altar would be across her sister's grave.
The wife received her sister with open arms, cherished
for her a truthful and a beautiful love, and watched over
her interests with a care almost paternal, and though
she might pass hours, days, and weeks with her hus-
band, yet not a doubt, not a conjecture
was permitted to cross her mind as to
her sister's chastity. But if the wife enter-
tained any doubt or suspicion, and with a view to
°W any impressions which
watched every feature and
masicgehrttainbet the
atreuethuopronfalshietyr,
movement of her sister, it was inevitable that her feel-
ings would undergo a powerful alteration.—(hear, hear.)
The worst of all passions, jealousy, would twee
possession cf her feelings, and every glance
and look of the husband would be interpreted.
So much for the wife. Now fur the husband, who is
• ,good man. The only regard which he now enter-
tains for his wif,'s sister was a sentiment purely pla-
tonic, unsullied by an unholy wish ; but if ha were
taught by his Honourable and Learned Friend the
Member for Bute, to look
and a change would be
i °e wife's proximity,t e
sister.rup a t u r
SherP
upon her as an ob-
ject of probable pos essior, the woman will ba
producedplaced
passed n
e in
to P—(Cheers.) lie
now looks up to
her sister's husband as her protector, her friend, for
in tehreti h moralus
whom she enter tuns a moral respcct, but no impassioned
friendship or love; but if she be taught to look upon
him as her contingency—or, he might almost say, if she
be taught to believe that she has vested remainder, under
the auspices of so astute a lawyer as the Honourable and
Learned Member for Bute, in the pillow on which her
sister's cheek will be coldly and lifelessly laid—or if she
learn to associate her wedding garment with her
sister'sshroud—he was afraid the s• 'e of
pus_
wickedness would take possession of her breast, and a
wide field would be opened to her future conjugal specu-
lation.—(Hear, hear.) He was afraid the character of
her intercourse with her husband's sister would be en-
tirely changed, and instead of entertaining high moral
feelings and sentiments towards him, she would have re,
course to all ordinary sources of womanly attraction
to enchain the mind and passions of the husband.--
(Cheers.) She would study every attitude and gesture,
every look and action which woman could so readily,
nay, almost instinctively, assume in accomplishing her
ends to obtain an influenee over the husband.—(Cheers.)
These considerations inducod him to think that the
measure was unsdvisable.—(Cheers.) If his Hon. and
Learned Friend's Bill raised, where was it to stop 7
(Hear,
.hear)—where could they limit the :prohibited
degrees 7—where would the Hon. and Learned Gentle-
man pause 7—(Hear, hear.) If a man marries his wife's
sister, why not marry his wife's daughter ?—(Cheers.)
Where was the limit to be fixed.—(Hear, hear.) lee
had promised not to touch upon the dogmatical part of
the question, and thus far he had fulfilled his pledge;
but he might still venture to state thus much, without
departing from the regulation he had laid down for him-
self, namely, that the religious feeling of the vast
majt thy of the people of the three counties aas
against this measure. The woman of England—
the wives and daughters of England, who were
the best judges upon a subject in which their
own happiness and) that of man was involved—were
against this measure.—(Cheere.) The vast majority of
the clergy of the Established Chunch, ho believed, es ere
against the measure.—(Cheers.) The people of Scotland
were against this measure. The Lord-Advocate
had told them, had used the forcible expression that
the Bill was abhorrent to the people of Scotland, and as
for the people of Ireland, he could take upon himself to
say that they were against it.—(Hear, hear, and
choers.) Tie Catholic clergy of Ireland did not
desire that their dispensing powers should be extended
to the consecration of nuptials from which the Irish
people shrink with shame.— (Cheers.) Although no
amount of prejudice or passion would induce him
to do wrong to any man or any set of men, yet
he would not run counter to the religious
feeling of the country for the sake of an inno-
vation which breaks down some moral defence
that now protects our homes, and against which Cal-
vinistic and austere Scotland—Catholic and dispensing
Ireland—and the majority of the people c f England—
half Protestant and half Catholic, though wholly Ca-
tholic upon this question—were decidedly opposed.
Mr. ANSTEY wished the Honourable and Learned
Gentleman had altogether avoided tho dogmatical part
of the question, because he could not agree with the
opinion which the Hon. and Learned Gentleman had sat
down with. He supported the Bill, and ridiculed the
idea of a wife's sister ever resorting to the assassination
of the wife fur the purpose of enjoying the husband.