Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-02-14
MIR. DouTHAT,s SPEECH

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MR.. DOUTHAT's SPEECH.
ME- oPeaker-I desire to offer few remarks upon
this SUBJECT am urged more by my feelings as n
member oil society, than member of this House
mus 10 intrude myself upon your attention hone 10
receive indulgence for very few moments
when called upon in any character, sir 10 give our
voice Tor the change of old and established custom
apparently founded on dccency and morality snnnorted
through SO many ages by law aid acquiesced in until
OF late without nurnur, only in our own beloved
an but in that country ALSO which we derived our
existence nation, and from which we have mt bean
ashamed tn borrow laws our rules of moral oc
toni say SIR, when called upon change us,on thus
established and thus sanctioned, may be excused fr
hesatng long, before yield our consent 1t reou;,e
IN my Judgment, hoder than he, (auded to v the
gentleman from Northampton who bold as 10 at
TACK the principles ct Arsotle-aye, sir, much wiser
man, to cntcc us from those social habits which have so
ong contributed TO our happiness which have mainly
enabled boast that our people are among the MOS,
t"ous on earth ndecH sir, must pouler long before
yield 20 the assertions that OF the rules of this social
order was founded III ignorance and curruptiom and had
lis origin i'll lust and misuSed power.
Iacknowledge, Mr. Spea krr my entire Ignorance
anguage cannot translate sentence of the ancient
language have never read tie Mishnaf Have never
made aughts the well heads of our great
brew scholars Much less, Mr. Speaker do now o Soy
mon arca, otherwise called Solomon Yarkev the pro,,,
eia'on of whose name first inclined INC n assign him ha
iaon IN Africa But, Mr. Speaker the author;,,
ot Solomon iarca, oppose the authority of Lord Coke ami
Sir John Vaughn; and will enciea YOU, 10 sunnor ho,
from me pages OF histery, TO which
northampton shah not object if he has troubled himself
of late to consult riiug authority as Hume which
rather suspect he has NOT done
The gentlemen has FIRST attempted 10 show that IL we
eei ourselves bound by the law God upon, this subject
may marry his yviic's sister because the re e mo ,r
Ee as sSan'ine this question upon aatburiiyand
mere, Mr. Speakers must bs permitted to saw thar the t
thor'cs of wise belonging TO a christian con,mnnt
eight To- weigh with than the authorities Of ali
the kabbies since the time of Moses The book which!
hold IN my hand, is lSt CokeS Institutes: al base I29
note IL, will Gnd the reading thus--viz There aro
several dsees which although expressly named in the
eFsoa raw are yet by parity of prohibited by
at iawan by Stat 80, Henry 9Th, c. 33-and uron This
rule By parity of the pr ohibon against
ymg wife sIster-and upon Exc parity of reason saws
Burn, m case OF " orty and " Hkinson- one had
married me daughter q the sister "i his former wife, it was
held TO be in the same cgr Of proximity the nephew,
ms fathers brothers wife, which is prohibited by
In The of Hui and Good reported nv Sir John v,r
the same mode OF reasoning is pursued; and under the
head OF 'Iitc Ijird General Tac the repor rocc eds
man is prohibited from yng his wife taush,er and
her son dadgte OF her daughters because thew
arc her near kinswnEeu. None the wife's near knS
women arc here clearly instamced but her daughter
Not her mother her sister, who are e0uay her
reason of it, well daughter: for the reason Of ro
btng these persons nsanced in beng because they are
the w'fe's near kinsvoaen, evident that the wife mo-
her and the "ifcs by same reason are proIib
ed for they arc her near kinwomen ia the srctest sense
Of the word
This report frequently refers the doctrines of The Ka
aI knbhes as supporting this exposition Of eyiticus
know what weight opinions arc entitled ~
only speak Of them as end them
But sir, ha We been told that this ,,Io md ,, ,
ons consequent upon il, grew of the vile LUST md lih
nous desires of Harry the 9h Let US enquire for
nient how far the influence Of this powerful and base
arch extended III obtaining from learned Universi.s
OF Europe the decision which denied the right of man tn
marry his wiies sister, admitting that Henry MARRIAGE
'th Cahaune gave rise 10 the question. According 10
Itune not only those OF France Paris Boueges Toulouse
Anglers which certainly under the influence oI
Henry, bur, sir, those of Italy, Venice Ferrara Pata
and even Bologna itself under the immediate confront o
Pope Clement, gave their opinions against the decision nj
the Pope The Universities of Oxord and Can,bridgo
alone, dssented from this opinion, and thew sir were inn
medlstey under the conoul OF Henry. Bot their oniu
ions were under restrainihe growing influence Of Ibe
Tlsnsm alarmed them for their safety; they will
ling to cling TO Tie and protection Of the Pope; and
yet under these impulses they obliged declare the
truth, aud IN the face Of the world proclaimed an opinion
contrary the Popes. Thus was this question settled nv
the learned of Euope and upon this decision and its
reasoning have followed the decisions which have quoted
from Vaughn and Coke. Are argue, Mr. Speaker
from this of facts, that the decision was obtain
ed through the wealth and power Of Englands king
Who is there blind to the truth of history, doub,
the then comparative power of Henry and the Pope
that power be exercised Universities OF
/ Europe? If there undue infuerce-if power and
wealth to predominaieis il rot matter Of wonder
tina tine weaker power should prevail Sir, il uucs-
ton OF interest learning, and believe was decided
without any regard to the power Of Cemen the loves
! Of Henry.
But Mr. Speaker the constructions Of Jewish Rabhies
the decisions of learned and the quarcls loves
Henry tine 9Th arc avail shadow in the decision Of
this question: compared to the great question Of policy
Arc to-day, unhnge the social order of country
To- break into and interrupt the hormoy and kind inter
Of families tear asundsr the ties Of affinity and
oF affections merely the qualification Of few ladis.
and gentlemen who have particular fancy for this kind
Of indulgence Such will DC the result sir, If this Law
should passfor remembers sir, IL when We
first legsIacd this subject. Then public sentiment ac
infucnce-but now, repeal this law, and give lees
laiye sanction the matrimonial crion beteen ih
man and his sisterinaw. In vain will you plead thu
force of public opinon In vain may you nveigh aeains
the unnatural and indecent conjunction You will be toll
we have law for it. But sir, told by the gentleman
from Northampton that If be any thing inherea
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