Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-12-24
DEBATE ON THE "MARRIAOE BILL.n
IN NE House IF Deiegates-T Tuesday, Dec. ID.
Ma. UpsHuR,s. Sp,rcu

DEBATE ON THE "MARRIA0E BIrI.n
IN NE House IF Delegates Tuesday, Dec. ID.
Ma. ursHUR's NEUTRALITY-SUSPICIOUS..
The rcasonings, sir, which l have TINS had
the hoaor TO submit, derives complete coniir.
mation from the provisions of our own statute
book; THERE'S not a law in our code exceot
only tins under consideration, which recognises
the wiie's sister as 4 relation of the husband
is She entitled To share i'm his personal estate
um,er The statute of distributions, Can She in
MERIT lbs land, or claim TO be his administrator
IN what part of our laws is she recognized nc OF
Inn to the husband And ifth,s be the general
principle OF our Jurisprudence, what reason is
.ncfe 10 Gepart from il in the particular case
before you! In all questions of mere pronertv
tins relationship is not acknow lodged, and soil
tary exception TO the rule is found in that staieo
'seng between the parties, which is of all other
the most pure, aud the most deeply interesting.
In this case alone, rule is 10 be a,L,ntel
with M view, it would seem, sir, but to restrain
| the freedom of choice and opinion where alone
That freedom can be essential to the happiness of
thcparties, ana under condition OF things which
evolves no important interest, except what ia
! peculiar 10 themselves. Why should we cam
NIT such an absur'lity in legislation; why suffer
oar statute book 10 exhibit this stratr.. mixture
OF hostile and opposing principles Ii there be no
! relationship, there can he no incest and the
tabiished principles, without one good reason
d, IL Justify or pallatc ii. |! looks, Mr.. Speaker
ASH the legislature had st'lousiy travelled OUT
! VI thelr way, to break ~ upon the sanctitv of
the domestic relations, and aim a mortal stab
| at the happiness of individuals.
! trust, Nj. : % Ike, tia. have succeeded in
/, demonstrating that the Prohibition contouIcI
Dr, is where to be found in the express law of
II lily writ. aui thai il cannot DC >,iar,,,sl FINN
that INV by any Legitimate inference. a,n pleas
ell nat can here DISMISS this branch Of the ar
! gumGnt, which am but too conscinn.. has al
| ready been extended TO a flt..,uinr length.
fi,erc are, however, other objections To the nre
'cnt oill, Of Character little less interesting.
am a'tho' some ofthe,nilayc no. yet been urged
| in debate they reasonably be anliciosted
| and ought. there; re to J., met.
IL IS SAIL that the marriage IN question. wbe-
| her 1t violate the divine law or not is mt least
IMMORAL. There is something sir, So indeter
inmate and fugitive in this idea, that nv mind
Cannot readily lay hold of it. What is the mn
rlilaw, and where Shall find il so accurotov do
Ined, as To enable us 10 enact positive staiutes
in support ofit' 1, sir, cannot define. or shonIJ
rather say desli3 e II in better mod. than tLis.
Religion respects on. duty to God; morals our
duty to society; religion is co evaI will, man and
co-cxtensfve with the world; morals are the crc,
lures o civil institutions, and vary ACCORDING 70
the various forms of society. What is moral
v, i'm
moral m another age and another country In
Sparta, it was not only moral but highly neri,o
IIous, to steal, provided the THEFT were dexter
o"siy concealed: III Rome, il was not immo, al
To borrow Your neighbours wife, of which s,,c;ee
oil accommodation, Cato himself was an EXAM
pie In some OF the eastern nations il is not i'm.
moral TO cast an aged parent into the Ganrcs
because II Is confidently believed that all such
are borne upon lis waters, To The very gates of
in -fap "A
more which might be adduced, are absolutely
opposed to every feeling and opinion upon the
subJSct, Which prevails 4oug the civilized M
lions of the present day. Thence, the moral
law IS rs various as the forms and nstitu,io,s
OF society. Religion 1t IS true, bears on the reia.
lions oil man with ;nan, and consequently il
Ir'yofccs the moral law; bus Society alone d Ans
IT. If this be correct view OF the subject
whatcvoris injurious to society, is prohibited he
the moral lay, and whatever is not iy;ur;ous f.,
! society that law permits
! IL is,truo sur. is general principle. that f.,
prevent IGJury to society, is within tie !egiti
mate ana ordinary province Of legislation; bui
tl'' Is not true rs an ,1tiCcyS.l Dri.c:.,.e T!,s
:''acr who ho-les mp his guncas and keeps ti,,.n
ON circuiation the Iiler wii ,ylt,oIls his h.
ppir ron livestock o dtunai Industry; the i,ie,t
Wh'rcarS M offspring ~ contracted and false ,gn
cip!es andoPia!ons; all these AMI ,iii,,,ie,n
lar Instances, are III nigh icgr..c. ,nl,-iops r..
society; and yetitnever occurred 10 any ono
That they were prD2ct Subjects i pl,iiiva Ip.r;s
aiion The onlr correct rule uno;, lie su,,;'c,
IN i'ce states IS t'i!s: Every law lyduil.cs m :,
greater or less degree, our natural oe.ly IL
;hcl the benefit witch society is to derive fro,n
any given measure, Is sufficient TO couuterba
iauce ITS attendant evils, and IL Compensate for
the loss of SO much of our natural liberty as that
measure takes away, the measure itself is nro
per; otherwise it is not. To bring the present
rtIo finn tot i,ofr al
| essy ask, what possible injury can resui, from
Inc marriage OF man With t.e sister OF l,s wiz :,
such marriages, even if they we're WRONG in
themselves, are Of too rare occurrence tn eyo,,
any influence the morals or manners ofi
society. Every married man does not neecss,
riiy become a wii0wer; ever, vido,yer ia, mo-,
a ssffr-in-law, and even those who have f.,o
perhaps would bedIsposed to Jif.rthenselycs an,
S,iii fewer would he objects of preference
! ne number oil such marriages in ar,y one f.o.n
munity, Is too inconsideranle to be ma Re tho
"uoject OF particular legislation, and. Ct that
5'1aii number, orc half at least will he f,u,1
IN the humber walks of life, among that Gle
"i men VINO are content to- pursue stle eve,, TO-
nor OF their way" IN tie unostcu; tjous riv.c,
OF The domestic circle without either Inc viii
or the power to influence the habits Of socio,,
1t IS scarcely worth while. sir. To hunt ~,
with such persevcring hostility, this incopsidcr.-
Die class OF the cOm'auniiy. aai TO make tbeo,
The SUBJECTS of a prosecuting policy. ,yt,b
breaks APP the peace of tic fircsidc. wuh,nt .r,
possible object of public: rood.
we MAJ derive valuable lesson mon n,;s |
subject, SIR from the example of the Jews > n,o
pic WHO, l lament 10 say, are too i,nperfectlv
understood TO DC correctly appreciated There