Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-12-21

il was and read from the lgtl, chap and i6tl,
verse OF Leviticns--ssrhou shalt not uncover
1.-The naIsedness Os thy brothers wife: It 10 thy
brptlicr's nalScdness.r He acknowledged that
III Deuteronomy, twas required of brother, in
particular cases, to marry his brothers. widow
hut tins was particular rcqasilion, and to meet
a particular end: II was not a general rule, and
ceased on the coming Of the Messiah. These
marriages were not only prohibited i'm the Old
Tc tament, but also under the christian ,lispen-
sation. Mr. w. read from ST. Matthew. -
Pursue, said Mr.. w. the course Of reasoning
employed to Justify such arrages, and we slia n
be conducted To the copclusion that all restraints
upon the conduct of man rc,i,npropcr and on
pressivc, and THAT tlcy ought to he repealed.
The arguments of the friends of the bill tended
inevitably to shake the foundation of morals. and
if this bill passed., he s!,oul not be surprised to
hear II claimed matter Of right that man
might marry his grandmother.
Mr.. UpsHuR, of Northampton, took The floor,
and addressed the Speaker, as follows :
MIR. Speaker: As chairman of the commit
tee by whom tho bill! now before you was re-
ported, ii seems TO be considered INV more i'm
mediate duty to commence the argument ia sup
port OF 1t. II will be remembered that i'm ask
ing leave to bring in that bill, l asked il in
compliance with the unanimous request of two
successive grand jurics of Northampton who
while they felt themselves bound tn take no.
tice of offenders against that provision of the
existing law which it is now proposed to repeal.
presented the law, itself, as unjust, oppressive
and opposed to the sound principles of civil IL
berry Such request, coming from source
so respectable, would at all times he consider
ed sufficient Justification for any measures
which might adopt upon this floor but am
happy that IN the present instance, act under
the additional motive of my own conscientious
convictions. These convictions sir, are moi
those mere impulses, such as have led the eren-
tieman from Gooclland to look with so much
horror upon the principles of this bill, but they
are convictions produced by calm thought and
laborious enquiry, with single view to the
truth. However the feelings of that gentle
man may have been t'shocked,n mine have re-
manned tranquil. The institution of marriage
presents problem in politics, always important
and never without its difficulties. II is the first
and principal of the domestic relations, and the
source from which all others spring. Whilst il
is of the utmost consequence. therefore, THAT we
should guard il against all those abuses which
may ter>l to corrupt the public morals, we
should be equally careful not 10 subject il TO
unnecessary restrictions. This truth is felt and
acknowledged in all regular governments but
it is still more important in free states and most
OF all important in free states that are yet in
their infancy. Tie hill now under consdera-
ton, derives additional claims TO our calm at
tention, from the fact that il involves the dear.
est interests Of many respectable citizenship
less sir, than the validity of their marriage vows,
the Legitimacy of tilcir offspring. and the peace
and happiness of their lives. Under these views
OF the subject, II becomes us TO treat it with
that dispassionate GOODNESS Which belongs 10 the
Character of the Legislator, AMI we should not
permit ourselves 10 inlulge in an, OF those APP
peals TO passion or prejudice, which arc suited
only to the bar ola criminal court
1t was not without regret, Mr.. Speaker, that
l witnessed the smile in which the House in
duigeh, when the gentleman from Gooc!rland in
trohuced the holy scriptures authority in ttis
discussion. Itisneccssary that should follow his
example, but il will be with all that solemn res.
pect and reverence for the sacred volume which
the occasion demands, and which is felt alike
by every one who hears me. This course is
rendered necessary By the fact that one of the
strongest objections TO the present bill, is found
in an opinion very generally prevailing, that a
marriage such as the bill contemplates, is pro.
inblted by the lcvtical law In this idea, our
Legislation upon the subject had its origin. In
l $50, our colonial Legislature enacted the pre-
sent prohibition. The title of the act reci.cs its
object 10 be. to prevent s.narriagcs which arc
prosI*ited by the levitical law and by the law OF
England
aimed only to tread in the footsteps Of the pa
rent country. and TO give the force of positive
statute, 10 what was already considered pre-
cept of religion. In 1880 when We no longer
followed this servile system Of Icgisaion all the
prohibitions of the act 0f $50 were re-cnactei,
but without any reference TO the levitical law,
| or to that of England. The same system was
adhered TO- at succeeding rcvisions and the pro.
; iribition continued as one of those eslcepinr
llpns" OF our cole, which no ono telt disposed To
rouse, and no one feared while it slept. Mar
riHges. within the degree in question: were
every day occurring, but they excited no par.i-
cniar attention, because no considered them
wrong. Al length, however, Che celebrated
case of BrOadilus came before the public. He
belonged to respectable sect of processing
Christians; lie was an officiating minister Of the
gospel; he was respected! FOR his talents and
Tor ms superior power OF doing good in his vo.
cafion; aud was justly expected of IN tina, he
| should set an example Of moral and religious
confuct worthy the respectable church o
which, he was member. Upon the death of hi:
VIE, he married her sister, but with indecent
haste. and under circumstances calculated tt
| draw on him the severe censnrcs of his -owr
church, and re decided reprobatIon of society
at large at the instance of that church. q
prosecution was commenced against bin, before
the Superior Court of Charcery for the Fitch
mond District; the court decided that the lau
then IN force was unconstitutional an apppa
was taken TO fhe Court of Appeals: tie appea
| was dismissed because that court had no inris
dction III crirninalcascs, and thus tic sentence :,
| the 'hancery conrt remained nnanutilled. These
events occurred almost al the close Of session o
the Legislature. gentleman who was then :
| member oft!Iat boIv. an who is no tnoge--bu
! ms memory can never be revc - to witi,on