The Statesman.
London, England, 1815-06-02 00:00:00

tions rested on two grounds-Ist, That this was only
doing what the law already did, if any one chose to
enforce it ; and '2 1, that even the remedy given to
the injured.busbaielp by en:ailing him to marry ag;iiii,
wouht be endangered by the insertion of such a
clause. Before addressing himself particularly to
these objections. he could not help observing general-
ly, that in his opiuion it was much to be regretted
that in these cases the remedy must be sought by sp.
plication to Parliament in each individual case. It
would be much preferable, as he thought, that a ge-
ment law should be established in this as in all other
cases, by wiikh the parties would be enabled to see
the whole consequences which must follow from their
actions, and that this law should be administered in
The ordinary way by the- Judges. As it was, how.
ever, they had only to consider what was proper in
each particular case, and do that which appeared to
be just and proper under all the circumstances. Then
with respect to his Noble Friend's first objection to
the clause, declaring the marriage illegal, if it was
fitting such a marriage should be held illegal, ft was
in his opinion necessary that it should be declared so
in this Bill. Under the existing law, matters of this
kind were left to the Ecclesiastical Courts; and he
understood that it was only under particular circum-
stances, and at particular times, that the object could
be attained. The parties by living abroad and out of
the jurisdiction of the Court, till the death of one
of them, might render it impossible to annul such a
marriage, and by this contrivance the issue might be
legitimized. He was informed also, for he could on.
ly speak from information, that a sentence of nullity
might be avoided by a species of collusion, not very
creditable to any Court of Justice, by setting up an
informer, and in this way preventing such a question
from ever being fairly brought to issue : and after the
death of one of the parties, the legality of the mar-
riage be understood could no longer be questioned.
With respect to the other objection of his Noble
Friend, he admitted that a general measure would be
much more preferable, and on that head he still re-
mained of the opinion which he had given when that
measure was introduced into that House, but which
had unfortunately, as he thought, failed in the other.
He was of opinion, that such marriages ought to be
declared void by a general law, as contrary to sound
morals, to the law of the land, and to the Scriptures.
When the general measure failed, this Standing Order
was made : but he could not agree with his Noble
Friend as to the object and view with which it was
made. His Noble Friend who then sat on the wool.
sack, and who had introduced it, knew too well the
nature of the British Constitution,and had too great
value for it, to do any thing so subversive of its
principles, as to attempt to legislate by the authority
of this House only. The real object and design of
that Standing Order he took to be this : that, as the
leitislature could not agree in passing a general melt.
lute, it was desirable that the morals of society
should at least have this secarity, that the propriety
of laving such a clause introduced should be brought
mu& r consideration in each particular case. There
had been instances, accordingly, where, upon consi-
deration, the clause had been dispensed with; and
though he should have preferred a general measure
declaring all such marriages void, yet since they were
compelled to look into the state of each particular
case, there were some of those instances in which he
thought the clause had been properly dispensed with.
But it was of the utmost importance, in his opinion,
that there should be a general law on the subject,
apprizing the parties beforehand of the consequences,
for he was convinced, that the hopes of marriage
with the seducer, in many cases, encouraged the
crime ; and as there was no such genenil law, their
Lordships ought at least to consider well before they
dispensed with the clause iu any particular case: and
if it was important that such a clause should ever be
introduced into such Bills, surely in this case, of all
others, it ought not to be dispensed with. It was
for that House to do its duty ; and he did not believe
that in the other House the remedy in this case would
be at all endangered._

Lord ELLEN BOROUGH.—The observations of
very much anticipated what it
lave submitted to their Lord-
-Ith respect to the settlement,
properly stated, that when the
dissolved, that the contracts
,n of it, and with a view to its
fall with it. The Noble Earl
a Bill of pains and penalties
thus setting aside the settle-
?as no evidence to justify it :
evidence given at their Lord-
had been guilty of a crime which
`ion of the marriage, a crime
circumstances, nothing short
Could be more atrocious. Let
however, that he placed her
i that of her seducer. His was
flagrant; but though he was
offence as of a milder cha-
,doubtedly such as rendered it
Mow the settlements to stand.—
Toble Friend, that it was diffi-
upon which to found this al-
.hich was generally made on
Is the practice had prevailed,
lined to comply with it to a
ipecially when he considered
means of enabling the wife to
plunging herself in still further
ble -karl said, that the law did
In end to the provision for the
it the only provision which was
lure these marriage settlements
lower, was completely at an
of such an ()Once. The fact
with an adulterer might be
lower, so that she remained
crime had left her. With re-
. declaring any marriage be-
sties illegal, he had suggested
ich the Noble Earl had advert-
adjudged appeared to render
'a Judge necessary to the ille-
It was fitting that such a
is Act be declared illegal, be-
stated by his Noble Friend,
not afford an adequate se-
. in the opinion that a general
been preferable to annul mar-
yendiug patties iu all such cases;

.. ~~

JJUIU 1..,4•11.41',11..141%.%
his Noble Friend had s
was his intention to ha
ships on this case. Wi
it had been justly and
marriage was to be i
made in contemplation
continuance, ought to
had said that this was
against the Lady, by ti
f meet, and that-there WI
' but it did appear from
ships' bar, that she had
called for the dissolutio
than which, under the
A tk• of the higher felonies at
it not be imagined, Is
guilt on a fooling with
unquestionably more f
disposed to consider -he'
ratter, yet it was and(
j highly improper to alio
He agreed with his Nol
cult to find a principle
lowance of aliment, wl
these occasions ; but as
he should be rather incl
certain intent, more es;
that it might be the met
avoid, if she chose, plu
guilt. When the Nob!
I • ' not in these cases put at
) wife, he had forgot that
fixed for the wife hero,
cattle in use, that of do
end by the commission
of her having eloped
.
pleaded to bar of the dc
F bare and naked as her ci
• • spect to the clause for
14, tween the offending par,
the amendment to whit!
, eel, because the word at
1 a previous sentence of a
$ gality of the marriage.
l• marriage should by this
cause, for the reasons s
the law as it stood did
curity. He concurred i
• measure would have het
singes between the of en
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