The Sun.
London, England, 1842-03-09 00:00:00

come when it was necessary to legislate on this subject.—(Hear,
11.,!1,.) He thought no one would dispute that the health of
e cumtnunity and the decencies of civilized lib required
that
, a space for burying the dead in should be appointed without
tne walls of cities. He could not see what danger there was that a
monopol
9 could result from an inquiry, as the Hon. Member for
`flshtary apprehended, for thaugh an enactment was necessary, he
J. Graham) did not pledge himself to adopt the legislative
Measure which the Report of the Committee might recommend.
The measure which might be passed must be first well considered,
42'4. It ought to be preceded by inquiry, and he was sure Isis Hon.
a'nend would be careful in formir.g the Committee.—(Hear.)
M A CKINNON explained. His object was to ascertain the
33.: Is 51' the clergy, the extent of the injury done by the present
1",, and then what sort of legislative measure might be ne-
c'etsary.

LAW OF MARRIAGES.
lea Lord
FRANCIS EGERTON rose, according to notice, to ask
serest bring in a Bill to amend an Act, intitu led an Act to render
• •
,tai tans marriages valid, and to alter the law with respect to cer-
. 4,,!°idable marriages, and to define the prohibited degrees of
atß
s„ "itY• If be could think, that after showing the necessity of
' '"ale Measure on this subject, the House would give their sanction
"Mg his Bill on the table, without pletsging themselves to
ass
' adoPtion at any future stage, he would be content
os,"t'l that prospect, and would compress his introductory
"ervations as much as possible. But he feared his Bill would not
The allowed to be laid on the table without serious opposition.
tmeretore he must beg leave to go back a little, and he hoped his
rts would direct the attention of lion. Gentlemen from party
LOORICia to a measure of the most serious intereSt, and of most uni.
Lerkil importance. He must, therefore, carry them back to a period
en Years since, as, since that time, three general elections had
• . -'4l sed more than an average amount of changes into the comp°.
• scs eition
. of the House. It would be in the recollection of most Hon.
tleMen that, in the year 1835, a most important statute was
Se by • the House under somewhat peculiar circumstances, and
'itS!,‘"la"attslY Without that deliberation such a subject demanded, and
I,si '"dl-rt that measure affected a material portion of the marriage law of
„!„..P.,tstioteviciaalurtrityh. A considerable portion of that measure was retrospectiv e.
the prospective part of that Act that. he came forward
deal; and he should freely confess that if, at the time the mea.
re'suerei::: been Passed, he had been in possession of the knowledge
330 had since acquired, however much he might have concurred in its
object that of preventing litigation in families—if he had
s in Possession of full information on the subject, he did not think
he shouldhad have approved of the measure in the form in which it
received the sanction of the Legislature- The Act had been
Passed in the year 1835, at the latter end of the month of August,
Without a careful deliberation on all its bearings, and with an ins-
'l'ed Promise that at an early period of the following Session the
attention of Parliament should again be called to the suhject.
r 'even years, however, the question had lain dormant.
ItH
• 'night be asked why he now undertook to bring forward such a
sutee•st• In replying to such a question, he would pass over any
considerations as to whether a person like himself, unlearned in
the, law, and destitute of influence and authority upon such a mat.
'et, was entithA to undertake its introduction to Parliament. He
would only say that particular circumstances had induced him to
accede to the wishes of those who proposed that he should submit
the
question to the consideration of that House.—(Hear, hear.)
lie
would not undertake to say that the House ought to pass the
-.."'u30, which it was his intention to introduce; but he would
saY that it was not only discreet, but that it was absolutely neces.
larY that the attention of the Legislature should be directed to the
subject in all its bearings. Tina law of 1635 had not gone forth
to the country, with the sanction of a law duly and attentively
considered; and it did no. therefore carry with it that
weight to which it might have otherwise been tntitled.
It had consequently been evaded by many pasties who could not
be considered profliga6 or professed lawbreakers. He believed
he might say it had been evaded by persons of education, and by
Persons
had no other moral slur or taint upon their characters
than an evasion of a law which they considered unjust and un.
might be expected to leave. That was alone, in
'°at)s °Pinion, a sufficient reason for reconsidering the subject,
• order
that the object of the measure might be attained, namely,
prevention of much domestic unhappiness, and of expensive litiga-
tion an respect to the rights of inheritance. He did not think the
Proposed object of the Act had been attained. He found that per-
'Mrs resorted to Scotland in order to evade the law ; and he did not
t telieve that lawyers were agreed as to whether that evasion should
be considered successful or nst. He belie. ed that there
was no subject upon which such widely different opi.
''ions prevailed among the highest law authorities in the country.
„Vie should, therefore, think that it was desirable the matter should
oe settled. They should not sit quiet because the subject was a
delicate one. He had documents before him, which, however, he
should not quote in detail at that late hour, for the purpose of show.
tog that lawyers of eminence were every day consulted as to the
means
of evading the present law in some of its parti
stars.s The solicitors of London and of other towns
"ad petitioned in considerable numbers, not for the Bill
rUch he proposed to introduce, but for a remedy for the uncers
n"inty which now prevailed upon the subject. He thought
that the ,pinions of solicitors were entitled to great con-
sideration upon such a question. They were, probably, better
aceuainted with the course of society, and with the current
_
the stream of life in this country than any other body of men,
and they might be considered in some respects as the con-
-4
''ors of families.—(Hear, hear.) He did not think that
IheY could be suspected of being influenced by motives
Of Personal advantage in petitioning against the existing law, as
hey
were thereby acting directly in the teeth of their professional
interest. Ile remembered a story of two fox.hunters who bad
fallen into a quarry, where they were lying disabled ; upon which
doe of them told the other to lie still, and they should soon have
°°inpanicins in misfortune. Now, that could not be said to be the
ease with the solicitors in the present instance, because the exist.
tog law could only tend to produce a plentiful crop of litigation.
'se ventured to say that such would be the result of the law, and
that result it was his object to prevent. Without entering into the
uetails of the measure he proposed to introduce, he might state
Ittltsat, "e of its principal provisions, and the one perhaps most
likely to lead to discussion, wasrthat a widower should be allowed
„iitzraernr:t e sister of his deceased wife. Now that was a very
-,mPortant subject, and one upon which he was aware great
• Peon of op,inion might prevail. It might be looked
th. two points of view—it might be looked upon
stl;s4, sti a religious point of view, and secondly in I egard to its
-14,5 a7,esisal expediency, or what he might ca. It ft.s. consequences,
12°11 s;,u° ,t this side the grave. With regard to the religious part of the
sd .1j
8.11.""tion he felt that he should tread highly upon such sacred
t(ltas°and in such an assrinbly as he 'was then addressing. He
°TIIY endeavour to show the House that he had seriously
''S
31
s `"'sdered that part of the matter. He hoped the House would
hial credit for sincerity when he stated, that if he considered
'4Vj ,:a!, innseded by the revealed Word Of God, whose authority
;ti114,.,..„ he -se acknowledged, from bringing forward such a proposal,
snould never have said a word upon the subject.—(Hear )
%4 e belieieal the objections were principally derived from a parti)
{X ' -
• ,2"ar Portion of the Old Testament, contained in the book of Levi.
'eui• He Vowed that, upon carefully considering that very difd-
'4l cult d •t eared to him that the law contained
,oya an abstruse passage, app
In that part of the sacred volume was not binding upon them under
:t1 flab. the Christian • dispensation, so as to influence their legislation in this
prepared ultimately,
-"s. ! natter. That was an opinion which he would be
if necessary, to defend. He was fortified in it by the circumstance
"sslhat Protestant communities in general had acted upon the assump.
that There was nothing in the Word of God to prevent such an
teed tea tie; allianCe. He had no reason to suppose that that body to whose
ttijtt ;;e 14,..thority he should feel himself obliged to bow, the clergy of the
'ittt o c slaturch of 'England, would oppose the measure on that ground.
1.f..„ft4 their opinion been expressed against the proposal, he
.7°llld have considered himself bound to observe reverential
'hence upon the subject. He came now to the other question—
that of expediency, and of consequences on this side the grave.
.IoW his view of that was, that there was nothing in the probabi.
4ities of the case which would entitle them to interfere with the
choice of mature age—tl.at liberty which abstractedly every man
°f mature age and understanding ought to enjoy in so solemn and
serious a
matter, as that of choosing a partner for life. His
°Pluion was, that the balance of advantages would be in favour
the. Permission to 'a widower to marry the sister of his deceased
Life would interrupt that intimate intercourse which now existed
een parties so interested. In some cases it might be difficult
cal. elate the precise effect of the measure. Some monster
'flight exist who would deliberately attempt to seduce the sister of
• his loving wife, with the idea of marrying her after the latter's
eat--11 and there might also be some wives who would harbour
eflintis and suspicions of the most injurious character. He con-
ceived, however, that it was impossible to legislate for such mon-
strous cases. It had been supposed that a measure of that kind
night diminish that sincerity which was now supposed to exist in
•leld e sister of the living wife. It appeared to him that there were
egress or. shades of turpitude in the most licentious transactions,
,-o.s,t';sssail'd he would be the last to diminish those distinctions ; but it
:71,4 • :.and
to him that they depended upon the same sort of
't • •e, on which the law punished a domestic servant,
th 0 robbed his master, with peculiar severity. It appeared to hint
• .heirs
.sto at depended they depend upon considerations totally independent of any
~ h
-ss
, . e which might be enacted upon the subject, though he was
ot ut
d;
s 'tps., jai "Posed to say that for those additional shades of guilt it
At not be advisable to provide by penal statute. There was an-
,:;:tses‘t,:* 74°,.r...ca5e. which had been mentioned with regard
. to the inter.
. sss. yea 4 which was supposed to subsist between the sister of the de.
attraction
werectiors
wife and her husband. Take the case of two persons of
ore either side, who ;might be expected to marry if they
lowed enabled by law to do so. If two parties so situated were al.
t° marry they would derive advantage rather than any pre-
, : frorn an enactment which gave them that power. But
ta he
had before observed, these were matters which could not be
pow! into consideration ; when legislating on that subject a case of
teti:e Pediency must be established to entitle the Legislature to in.
kvedrer,e Ile had taken upon himself to state ttat this statute had been
ease", and that it did not meet with that respect which was paid
ete ties of consanguinity. He believed that four or five
tioh of evasion had occurred at Manchester. That would enable
law iitt/drebe. rs to form some opinion as to the extent to which the
"sled to excite respect in this country: He thought it
' It ;ore likely to be evaded in the lower classes than in the uppder.
' • theWea not always easy to put themselves in a position to consider
of
' • Blab and feelings of individuals . There was one argument
tiirnp°lyP Jewel on this subject to which he would advert. It was
fretitints—° The world is wide, and there ate other pee-
-1 befor whom you may choose a wife." "Ihe . world
Pses ("Meet e them where to choose.° But what consolation did
:issi awam and variety of choice bring to them when they saw the
'‘ilist,7is. eq..' °f the angel flourishing over the gate which was closed for
411 w against their Did they not feel that to them the
,N, odd return
"ass a desert ? If in such cases the yoke of
It hS,w as silent, was it for man to speak out
l e ;
ttieleas Lard to pronounce what change of scene—what length of
'hk• Was „fl'llght mitigate regard, or deaden the affection of one who
1 "llallY °f
M. - half an age when, as Mr. Burke said, " passion had lost
4i. tions
whi
rev
andch grossness but not half itsed power "—one who felt affec
rekrninided t°
wards
haw year en crush by domestic afflictions,revived
1.4 .orth san object, legitimate in his conviction, and
ho y
pea „' 3ns warmest regard. If they would and must blast the
an individual in a position such as he (Lord F. E.) alluded
they conceived it to be demonstated to be socially expedu nt
• saf God more if they thought that Revelation and the law
' • *Pa enjoined them to adopt such a course, let them at least
re w
ess, , tob ,ss• oo their cold and insulting consolation. Let them preach
ss s ss
••• "iey would, let eM reason with him let them threaten him. If
lethem tell him of Basil, Theodosius, and the Cour,
• their !night obey their dictates ;he might perhaps submit to
'stfe: • Would W but he (Lord F. Egerton) feared that hr
Ist Suet,
ettresort to every expedient to evade the law.
,3/41. Which he and wine as theirs would but fester in the wounds with
' 's View whichWas afflicted. Cases daily occurred to strengthen the
-114. he (Lo d s Untemis r . Egerton) took of the subject. In a com-
. amtsaoldleinann
IsientsooeTtrich he had received from an Holt, Friend there was
, ••• Profs.., e case of a gentleman of character acid reputation in his
ion, who
• had received from the lips of his (lying wife
Injunction to commit her six children to the wedded
. •
of
betty
hthtziamp, ouyfstthswaeayssistthneaorttait om the leftbeheinntdir.el If, then, the ease
f;ctiexpedien,
11,,_lilch he ha:l demonstrated to their satin_
to coine
it was a frightful responsibility
trneeaeolvteodwhom he had just referred and the injunction
• "et *Liu from the death.bed of his wife. This was a sub-
' a • °sight
ectiow _ _ not to be treated with haste; it called for mature re-
tie°, it
jannotholehbetation, and they were not entitled to legislate
though at the manner in which they had in the year 1835; al-
, • but elime it was confessed that the legislation was not final,
- •• s t ° °Lanus
• had bro
• Ai on on all the bearings of the. case,
priolr ;light them before the House. He did not
2k It •
stratute of 18315 of hose °iv duty to go
Which
ethecanons
tnarriagek into the history of the law
ons were enacted against the contracting of such
0 well
3 known that, up to the period of the
hose prohibitions rested merely on the authority
tibisho„ , which embraced the prohibitory decrees of
Effect of • The Only legislation they had confirming the
'thel.ean; weoucals.l":i was
thswe andpromhai the enactment of 1835. The' Bill
statut tL"°l F. Fs pro
• lallgUlrlilv posed would remove the effect of that
forth in the schedule the degrees of con-
all:ea.' affinity, which he wished on every
inituained. It should be his object to
rtes''
tt°hatbeby
in a spirit of ;Ines strictest distinct
~. as possible. He
careful consideration—by dealing with the
that
which the, wish justice, they would strengthen
reeling which ion every
to maintain—they would fortify that moral
n ISS:!ry ground they were bound to support.