Star.
London, England, 1822-06-19 00:00:00

•
pia* systeta. If; 'best Alt iiimeerve
calmer, some private pride *Rotes'
COlkid. it be more no* gained Malt bit ming
the errors and law of ale great laird Hardwick.?
Lord STOWELL urged the necessity of caution in
altering a law which had for such a length of time
received the general approbation of the epuntry.—
Bills similar to the present had for the iast Tour years
travelled up to that House, and though they had ex-
perienced modifications up to 'their very last star,
yet they had constantly failed. He should be gWI
if this Bill should be more fortunate than its pre d1;1
cessors ' • but it was not necessary only to chew the
evils of the existing system, it must be proved that
the alterations proposed were likely to remedy those
evils, before he could give his consent to the measure.
He conceived that the marriage contract was a mat-
ter that came entirely within the civil jurisdiction.—
Before the existence of laws, the contract might be
formed before the,Divinity ; but in a civilized coun-
try, where law existed, that law must be adhered to.
Society was then left by the CREATOR to establish its
own regulations, and if individuals did net conform
to those regulations, what had society to do but to
visit them with penalties and punishments? Before
the Reformation, an obligation was imposed upon
Courts of Justice to consider marriage as a sacra-
ment. The consequence was, that a third party had
no right to interfere, and that the consent of parents
or guardians was not necessary to render marriages
valid. Since the Reformation, the subject had un-
dergone frequent revision; and Bills had been passed
in 1677 to prevent marriages without the consent of
parents.; and in 1691, to prevent clandestine mar-
Tiages. Still they were insufficient ; and under
George 11. the grievance of improper marriage rose
so high, youths of the best families being seduced by
outcasts, and the facilities afforded by Fleet mar-
riages to du that in a moment of passion or intoxica-
tiou, which they could not undo during the rest of
their lives, that a remedy was universally called for.
A Bill, framed by the industry of learned persons not
having been received, the subject fell into the hands
of Lord'Hardwicke, who brought in the present Mar-
riage Act, which made the marriage of minors by
license, without the consent of parents or guardians,
null and void. And certainly, without such a consent,
whatever passed in the Church with respect to minors,
was a matter of form and ceremony signifying no-
thing, and binding no one. The Act, thereto: e, did
not create the nullity and illegitimacy of those mar-
s •
nages, but it only declared the existence of that nul:
lity and illegitimacy which previously existed. The
Noble and Learned Lord then examined the various
provisions of the proposed measure,. and trusted that
their Lordships were not inclined to have one matri-
monial law for the rich and another for the poor. He

PARLIAMENTARI' PROCEEDINGS.

HOUSE OP LORDS, JUNE Is. •
Mr. Tames, f the Treenry, preowned en Account of
the gaseeity Of -Gold Sad atrilimpeltted Jute thb coun-
since tbe 59th of George the ThirLo-Laid on the table.
The Wm of MONTROSE presented a Petition from the
Corporation of Weaven in Glasgow what the Catholic Peers'
BiU.—Laid on the table.
Viscount SIDMOUTH read dal Ifidergi.of CHESTER pre-
seined similar Petitions from the Borough of Hungerfordi Ind
from the Parish of St. Saviour's, Southwark.--Laid oa the table.
The Bankruptcy Joint Commisslohs Bill was read a third
time, and passed.
The Bankrupt Laws Amendment Bill was read a second time.
The Colonial Trade Bill, the West India and Aisseks Trade
Bill, the Ancient Commercial Statutes Repeal 1114 Mg the
Importation of Goods, and the NaTigatim Laws •A•101.1111618t
Bilis, weot respectively through Committers, and were ropers*
The Bishop of LONDON presented Petitions front die
Clergy of Sion College, in the City of London; and the Parish ot
St. Botolph, against the Catholic Peers' 11111.—Laid on the table.
The Bishop of ST. DAVID'S presented ten Petitions to the
same effect, (mm ;Deaneries within Ms Diocese. Laid on the table.
The Earl of DARNLEY moved for Copies of an Corre-
spondence with the Irish Government, relative to the supply of
Stationery to the Public Offices in Ireland.—Ordered.
The Duke of RICHMOND • presented 'a Petition from Ar-
thur Chichester, Esq. against the Mirrbge Act Amendment
Bill.—Laid on the table.

MARRIAGE ACT.

The Order of the Day having been 'read,
Lord ELLENBOROUGH moved that the House
resolve itself into a Committee on the Marriage Act
Amendment Bill, which was agreed to without any
opposition.—The Househaving resolved itself into a
Committee,
Lord ELLENBOROUGH said, that he rose with
a degree of anxiety which he had never felt before,
though it was in some degree lessened by the convic-
tion that there were many Noble Lords present, who
were able to supply what he should omit, and to dis-*
play in their .true light all the miseries arising from
the present system. The Petition which had just been
received induced him, before he proceeded further,
to-observe, that the Bill now 'before the House was
n.:t introduced to operate on the particular case to
which the Petition alluded, or on any particular case.
It was not the first time that it had been submitted
to their Lordships. Four times had it passed the
House of Commons, and two years ago their Lord-
ships had decided in favour of the principle, though
the Bill had been lost in consequence of the lateness
of the Session ; and he also feared of his want of abi-
lity in modifying its clauses. The Noble Lord then
described some cases. in which marriages had been
&dared null and void after subsisting• for many
years, because some accidental omission had occurred
at the time of their taking place. 'Their Lordships
must see that wider such a system not one of them,
however distinguished his rank or his services could
be sure to transmit his honours and his property to
his descendants. Some accidental omission, against
which no one could guard, might not only be found
to invalidate his mairtage, but that-Of his father and
his grandfather, so as Co bastardize himself and his
children, and to throw his property into other hands.
It was unnecessary for him to point out the miseries
produced by as system under which the happiest mar-
riage, crowned with children, and subsisting for a
length of years, might in a moment be dissolved by
the person himself, whose perjury had obtained it, or
by the heir at law's discovery of some accidental
omission. It was a system the tendency of which was
to set wife, husband, and brother, against each other.
It influenced them to set aside all ties of honour and
affection, to obtain that property which it never was
the intention of the original owner er of the law that
they should have, but which was given them by the
accidental operation of the latter. When so many
efforts were made to corrupt the morality of the
people, it was of importance not to hold out rewards
to 'crime, and instigations to acts of dishonesty. From.
suffering the Bill to go into a Committee, as they bad
dime, be hived that their Lord.thips felt that the law
could not stand as it was, and he trusted that they
would approve of the changes which it was now
ptoposed to make in its
.provisions. The clause
which required the consent of parents for the mar.
:lase of minors was retained in the Bill, and the
principle was further extended to marriages by
banns, to which it did not at present apply.—At
the same time a certain period was allowed for pa-
tents and guardians to attempt to nullify the unau-
thorised marriages of minors, which became valid if
tliat time was suffered to pass without any steps being
taken for that purpose. If he were to follow his own
opinion, he should be willing to throw as many diffi-
culties in the way of the marriage of minors as pos-
sible, but once made he would maintain them, and
only admit of their dissolution for the crime of adul-
tery—(lkar, hear, from all sides of the House)4 The
Noble Lord then defended the retrospective effect of
the Bill. It was not a novelty in*legislation on this
very subject, for in 1781, 1804., and 1808, three Acts
I:ad been passed, without any opposition in that
Douse, to legalize three anterior marriages. In fact,
it seemed to him that the present Bill did not go far
enough, for lie did not conceive why, if existing mar-
riages were to be made good, others that had taken
place at a more distant period, should not be also le-
galized. When their •Lcirdships protected their chil-
dren, why should they not protect themselves? The
More the advantages held out by the existing law: to
bad men became
,known, the more carefully would
the danger be guarded against. This was not the
case when they had neither been discovered nor
used ;'fewer precautions were then taken, and more
accidental omissions occurred. It was therefore still
more important to give a retrospective than a pro-
spective 'operation to the Bill. It was proposed at
the same time, thht whatever course property had
hitherto taken in consequence of.the existing system,
it should remain as. it was at the time of passing the
Bill. - 'The only interest which would be effected,
woutdc'thpefore be the teversionaryinterest, -which
was i :right, but a mere eipectation, a specula
ti on, lusble.:likeoll. iathers,.to he disappointed. Theis
Lordshilat-wo.uld--do ' if they maintained the
rightfrasilegi*O.crty,.. 'in'iiiplation' of .those of
nattire;;:lionappi. sAigtim; lie now left. the Mr
in their hailer- hoping that. the Noble and Learned
Peeri.whowsientefiesrand understanding unraielled,
all the distottfeiwithOiv;*uld exert that acute-
ness *and underozil in diSCoiiiing the
touts and objectionable expressions of the Bill, but,
is them. Let him extend his claims to
love, and veneration, by enabling
to frame themeasure, prospectively
Yi as to remedy all the evils of the.

up wither matters to soften
would effe4t nothing less than that all marriages
which had been by law null and void, should bekome
valid and legalised..But as he held it to be necessag
that the retrospective clause should be separated fro. '
the other clauses of the Bill, he would consideqf
their tendency and effect, and put it out of his v.
altogether. He deemed k much better that part -
entering into the marriage contract should know who:
they that contract were binding or not, than that
should be. left in the situation in which this Bill wo
place them. There was a prcrrition in the first cl
which, he thought, no man could support whose heart
was in the right place. He alluded to the po*et
given to parents and guardians to obtain a sentence
of nullity of marriage contracted by minors before
they attained the. age of twenty-one. It generally
happened that clandestine marriages were contracted
by the parties, and particularly by the females, at a
very early period. Suppose the wife in such a case
to be fifteen, the father, under the present Uill,would
have the power of leaving the parties together as
man and wife until within a week of the latter be-
coming of age, and then declaring the illegality of-
the marriage and the bastardy of the children. It
might be said' that this was- examining the Bill too
critically ; but he would state his objections in ano-
ther point of view. It proposed that, in case of the.
death of the father, the power of declaring the nul-
lity of a marriage should be vested in guardians of
his appointment, by the mother, or by guardians ap-
pointed by the High Court of Chancery. With re-*
'gar(' to the latter provision it go happened that,* iirt
ninety-nine cases out of a hundred,' the guardian of
the Court of Chancery was appointed upon the Feti-.
lion of the infant. Supposing himself and the Noble 1,
Lord who had brought forward the measure, to have
eacha daughter who had married clandestinely; and
supposing he were to die a week after the marriage,
and the Noble Lord lived (as he hoped he would do
for the benefit of his country) some years afterwards;
undei the 'proposed law,'if he had not' made his ob-
jection to ttie marriage during the sytie.kaSle one mar-
-1 ifige would be valid,while the other contracted under
the same circumstances might be set aside. In ano-
ther case, let their Lordships suppose a marriage to
which the father might think proper to agree after
be had discovered it, and then that he should die
whilst the child continued a minor. It would
lie
afterwards it the power of the mother or the guar.
dian to nullify a marriage to which the father had
consented. Another objection to the Bill was, that
if either of the parties died- before attaining the age
of twenty-one, they could not have been legally mar-
ried: He also considered the clause respecting licenses
to bleak in upon the freedom of marriages, and to be
one its which he could never agree. That with regard
to the publishing of banns was still worse. It should
be remembered that, by the old. laws, banns not
being duly published was not visited by a nullity of
marriage. The Bill required amendment upon this
point, if nowhere else, and its necessary postponement
was therefore obvious. He did not mean to say that
there were not evils in the existing laws which called
for some new legislation, but these objections re-
quired to he removed before the 'present Bill should
be suffered to pass.
The Earl of LIVERPOOL said, that he might
agree with his Noble and Learned Friend in thepro-
priety of waiting till another Session, until the Bill
should be-more properly digested, if he did not re-
collect how often the subject had already been before
their Lordships, and the vast importance which at-
tached to it. With this reflection, he thought they
ought not to put off a full consideration of the ques-
tion. They should' take the Bill 'under their discus-
sion clause by clause, and when they had given their
minds well to thesubject, it would be for their Lord.
..hips to say whether the whole should be.adopted or
not. He agreed with his'Nobliand Learned Friend
who spoke last, in the expediency of keeping. a clear
distinction between the prospective and retrospective
operation of the measure; and'he believed there.was
we) dissentient voice in their Lordships' Muse as to
the necessity of some prospective amendment. in the
existing laws. Without giving an opinion upon the
different clauses of this measure,. he should certainly
wish at; far as, possible triTemove the means of void-
ability, -.if he Might use the expression; in all mar-
riages whatever. With to the power to be
given to parents and guardians for annulling them,
he should say, that as a principle, if such a Bill
'could be concocted, a marriage, once solemnized,*
ought never to be annulled. • He was of opinion that
the best way now to proceed would be to take the
Clauses separately, and to discuss their separate met its.
Lord HOLLAND concurred in the view taken by
the Noble Earl as to the course their Lordships
should pursue in discussing the Bill.
-It was accordingly agreed to consider the Bill
clause by clause.
Lord REDESDALE did not mean to oppose the
first clause ,for preventing the nullity of marriages
prospectively, for it was in conformity to what-he
had always thought upon the subject. But the sub-
sequent clauses he consideied to be most mischievous.
The Earl of HARROWBY had no objection to the
first clause. • He considered it to be a just principle,
that where a party obtained marriage' by means of
&lie affidavits, and afterwards invalidated such mar-
' riage, the sentence .of nullity. should operate _upon,
that.party as a conviction for perjury. •
7 'The clause was than agreed to without a division.
' Upon the second clabse being put,
Lord HOLLAND rose to. support*. The Noble
Lord referred•to the_ancient'laws , to shey, that mar-
riages voidable in themselves-mighti be afterwards.
confirmed' by the parties. •He contended that the.
'clause was drawn _in .tonforthity with the law 'as it
stood before the Marriage Act. • •
The Earl of- LIVEIIPOOL • disapproved of The
Anse as it then stood • but: be thought it might be
*wended, so as tol.maite if free from abjection. •He
would propose -that a *sit Xor,,annulling.i'mitriage
should be instituted witbin.twelve months after the
marriage. He thought the consideration of the clause
might be postponed.
Lord ZIALMBOROUGH thought it better, iuthc

urged the danger of improper marriages, contended
that the'new clauses Would give an Advantage to a
vicious oser a virtuous woman, and trustedlhat the
humanity of the House would prevent it.from pass-
inta measure, which, as it stood, would place the
country in'a miserable state. He then examined how
it would affect marriages in which the parties wcre
of different religions, and maintained that it would
leave them in a doubtful and imermediate state,j
which might hive unfavourable consequences. Ile
lamented that this Bill had been brought in at so late
a period of the, Session, which afforded no opportu-
nity to.xonsider the subject properly, and he recom-
mended that it should be allowed to stand over till
next year, and then be taken into consideration at an
earlier period. . .
The Earl of WESTMORELAND defended the
Bill. Their Lordships must be aware that those
atrocious acts of rubbery and injustice which bad
taken place under the Marriage Act during these
few years were increasing, and would continue to
increase, unless they put an end to that course of
iniquity and adultery. No system was so dangerous
to morality, and the security of property, as that
under which the country was now suffering. The
Bill proposed no new law, lint merely the restora-
tion of the ancient law of the land, of which the Mar-
riage Act was an alteration and subversion, as ad-
mitted by Blackstone himself.. The effect of this
Act, which was intended to prevent clandestine mar-
riages, had been to destroy real ones. For even
clandestine marriages were only null and void after
trial, and when made so-by sentence of Court. They
were not de facto null and void. The Marriage Act
was repealed for every good purpose, and only
existed fur purposes of robbery ; for it could be
eluded by going to Scotland, or- to France, or by
having banns in secret. Marriages thus contracted
were confirmed, and no provisions in the Att could
invalidate them. And even in cases where it was
operative, if the marriage of the .parties had been
dissolved against their consent, they might marry
again whenever. they pleased, and the only effect
would be to render their first children illegitimate,
and to legitimatize the second. The Noble Earl then
put several cases to shew that even after every kind
of precaution bad been taken, it might be found that
some accidental omission had • occurred, and' mar-
riages drat had subsisted. forty years might be dis-
solved, and the settlement of the property disturbed,
even in the hands of those to whom it had been trans-
ferred by Vale. By the provisions of the present Bill,
all interests were consulted; no property was touched;
but all remained as it stood, and the only interrup-
tion was that of certain expectations, which were not
property. He called their Lordships attention to
the various Marriage Acts upon record, down to those
now proposed to be repealed. It was said against
the present gll, that it was setting up nullities, and
'taking away Men's right,lo bring actions in particu-
lof cases. But he contended that this had been done
repeatedly by their Lordihips, and that it formed so
thlistantial objection to the Bill. - What would, their.
rdships say, if heshewed them. that they had done
the very same 'thing, even .in the present Session ?-4-
He held • in his hand the Common Indemnity Acti
Which had been passed this year. Attornies had
..140
,'been liable to certain' disabilities, if it should be found
that there were irregularities in the deeds necessary
for their qualificktion.' I'lie4Bill staled that .mucls
inconvenience. and Injury huiaxiSen to infants from
-this lavrf. and it enacted that'such.disibilities • shOuld
be reinoved..- With-respect to cues -at issue, .. he
-thetight those who "hid entered- into •thrniarriage
contract in the face of the Church, were not -jutly
entitled to relief. For these reasons he should sup;
port the Bill, and he hoped that these who now voted
against it, would not,heronfters either in their own

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LLLC I lON.

IF

a void one.
The LORD CHANti,..._
the clause. •
The Earl of CARNARVON objected to the hold-*
ing out of a hope which might afterwards pfove
lusive. It was offering a temptation to females. He:
'certainly considered a voidable marriage more dam:-
germs than one which was void: lle was'
decidedly against the clause.
... Lord REUESDALE also opposed the clause, and
said he did not think it would be assisted by any 4..-
teration as to the time to be limited for instituting:
suits. 'lle thought some provision might be rotde'
for ensuring evidence that persons to be married IT
license, and profelsing to be of age, were actually so.
The Earl of LAUDERDALE suggested the post-
ponement of the Committee.
The Lord CHANCELLOR then moved that the
Chairman should report progress, and ask leave to
sit again to-morrow.
Lord ELLENBOROUGH bad no objection to
withdraw this clause; but if the House desired he
should do so, he trusted their Lordships would go
into the next clauses.
After a few words from Lord HOLLAND, the Earl of Ma-
*Mir, the Earl of LADDEMBALE, the Earl of 1-trearoot., the
[Alan -CHANCELLOR, and Lord • Itanrstrost.a, which were ex-
changed across the table, the House resumed. The Noble Chair-
man reported progressrand obtained leave to sit again.
The clauie in question was the prospective clause, which
gives to parents and guardians the power of atoiding the
marriage, in the case of a minority, until the minor shall attain
his or her age of twenty-one years.
The House adjourned at Ten o'Clock untino-morrow.
HOU6E OF COMMON.
At four o'clock, hut thirty-seven Members being present, the
House adjourned till to-morrow.

itittortly against

TRIUMPH OF SOUTHWARK, AND PulaTY

The Independent Electors of Southwark, friends to
Parliamentary Refoim, celebrated the fourth Anni-
versary.of their Independence at the ilornsTitvera,
Kennington, yesterday, Sir ROBERT WILSON, M.P.
in the Chair.

At half-past five o'clock, the Hon. C!IAIRMAN en-
tered the great fOOM,uccompanicd by H. G. J 3 .ET,
Esq. M.P. J. G. LAMETON, ES-I. M.P. J. C. 110B-
liq. M.P. JOSEPII Humr, Esc. M.P. C. H.
Eitacnlssow, E,q. M.P. S. C. WatTE::E.I.o,. Esq.
M.P. Baion de STAEL ; Alderman WooD, M.P. Al-

Berman WAITIIMAN, They were glteeted wits
most fervent appliuse. Sir Fa ANcis Bennzrr was
prevented from attending by a tit of the gout.
Between two and three hundred re,pectable Elec-
tors sat down to dinner. The cloth being r-empved,t!:e
CHAIRMAN proposed,
' The King; and the principles which placid his fotni!y on As.
Throne," with three' times-three. Tune—" Con save the
Toast—" The People, the only true source of le,sitimate puwe:.".
with three times three.- Tune—" Ye Gentlemen of England."
Tuast—The Liberty of the Press," with three times tht,e, and
enthusiastic applause. Tune—" Hearts of Oak."
Toast:—" A speedy and effectual Reform in the Commons
House of Parliament," with three times three, and long co,a.-
nued cheering.
When silence was obtained,

Mr. Worrreaseoox rove and said, he was called oa
by.the Stewards to.give to *the asseMbly a toast, and
when he informedlliem thatit was the health of their
worthy Chairman, the Anniversary of whoseelec:icn
they were about to celebrate, he had na3laubt that
they would receive it with all those:demonstrations
of respect and attachment. which it had heretofole
coinmantled:- (Applause). . Loirking to that flag
flag 401**ot-the lOWer end of the room, and inscr
with theslate.of Sir Robert Wilson'sreturny7it would
appear that they ought to celebrate the important
event which had called them -rcrgether on-the 29,d of
June, that .being.tixe day .onvhieh. the Electors of
Sotithw.ark pitied their. freedom,l4 trinaphlitiover
a p-owe!ful- 'faction, thatwould. -have continued to
hold then]. in thraldom, if they had not resisted their
efforts :and frustrated`their intertioris-(2lpflanse).
But the & ofJune falling on' Saturday, the most
inconvenient day in the week for such a Alerting, it
Was deemed advisable to celebrate their triumph oa
the present day, beingthe anniversary of the day cm
which they commenced that glorious struggle,
he hoped, had ended in the annihilation of the party
who oppretsed them, so far, at' least, as political
power was concerned—(Applause). Reverting to tl:e
period when Sir R. Wilson was first introduced to
the Electors of Southwark, that gallant .Pificer could
not look back upon it without sensations of satisfac-
tion; and the Electors, in reflecting un,-it,:.could not
but feel
.the greatest pleasure in having Zlettetl a
Man who was every way worthy .of Re-
presentative. He came amidst them as' stranger.
They knew nothing of his politics but,byripOrt.
however, pledged himse'lf to a spec* ii9e,of politi-
cal conduct, on which, he-dechredor4onld-always
act. He pledged himself, in,, the ars; (nkrince; to
support Parliamentary Reform, in the widest. sense
of the expression ; he pledged himself .to advocate
'economy and retrenchment in every department of
the State; he pledged himself, whenever ,the iiOts
and liberties of his fellow-subjects were invaded, that
he would, in the ,House of Commons, use the best
energies of. his chid, to frustrate the intentions of
those Who made such baneftil attempts, Who mani-
fested such wicked. intentions—(Cheeturar 'That he
.
bad redeemed the pledge thus solemnly given, no
person could. be hardy enough to deny ; .sand it any
thing were wanting to prove the purity of his inten-
tions, and the Undeviating temour of his exertions, it
Would be supplied by the presence of those illustrious
Gentlemen who this day honoured the Meeting with
their 'company, and 14 their appearance bore testa-
. moony. to. the merits of:. their .honottrable,ltcpresenta-
tive—(Cheers). Although .he had said that the pa.-
of Sir Robert Wilson were• at first
only known to the Elector's of Satithwark by report,
there was, another -.character. in which they..kliew
him well—he meant as the -great defender. of. .those
lifho were suffering -under oppressiori-4Applawsel-
Vey knew at the timethat lie was only just emanci-
pated from a French priion for having given way to
the belt ;Lad noblest feelings of the human heart—

in removing them,
pidAic confidence,
their Lordships so u
turospectively,

.•..• . . , .
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_
• „ ,
his Per" .
11,1Fi* tl;o1 • mill‘balik mitt ;danced state of the iissijoi a itroceed
pn),, pent thaenese bad , . ~..
~ .-;,- withint delay. He approved of the suggestion of
ing TheLOIRDCH N R flawed hisifinnion the Noble Earl who had spoken last; buttithought
ke? that the Rit;dught to be dieldect into two thparitif it woul# be preferable/to-forme the 'clause so as to
nin Bills, Mathat the retrospective *Ms* ought to rya give twelve months lei the institution of a'stiltafter
the discovery by guardiags or parents, of a voidable
inn or not upon its own manes. As it-now stood it car-
very marriage. He, on the whole, thoughtthat indefinite
tainly looked like ecimeihing that wits considered
r.— 'diffictilt to swallow, and which required to be mixed
fore did not think a voidable marriage wotse- than hope was better than definite despair; and P.e there.
can H., with aster matters to soften its taste. This clause I