The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-01

OApT. WILLIAM HENRY BEREspoRD va MRS. EMMA
CATHARISE BEREsFoRD

0APr. WILLIAM HENRY BEREsYoRp va. MRS. EMMA
GATHARISE BEREsFORD
ouKsEc, April 10, 1853.
BIZ Passed 10 Third Reading in the Legislative Council
arguments for and ugainet the Measure
The Bereford is not oay Of Importance as respects
the parties who to bs ultimately affected by the bill
becoming law but because the question of jurisdiction
hes been mooted by the Speaker of the Council and voted
upon by him adversely expressly that ground This
Is the third instance in which application for divorce
has been made to the Legislature of this Province and in
two out Of the three the parties have not been CanAd
fact highly creditable to the social and moral
character of that people, and which probably not with
out its effect upon the minds of those gentlemen who
were from conscencious principles opposed to the
1t not little remarkable that so astute law
yer the Speaker should have commended that the Legs
ature here could not pass bill involving dissolution
of the marriage tie when the standing instructions to the
Governors recognize the existence Of such power by
requiring thatany such bill that may be passed. must
have attached to it suspendng clause to prevent its 60
ing into effect before the royal assent shall have been OBJ
tanned In the first of the above alluded to- this
refused the ground that the parties not resi-
dents Of the Province but in the second it confirm
ed, and separation and other relations ensued.
On Wednesday last the bill again up for a second
reading when the counlel for Captain Beresord
adduced in support Of the application He maintained
that the legislature had competent powers to pass the
bill before the Council and besougb those members who
entertained conscientious scrupes the subject to ban
sh them from their minds and to perform act of JUS
tice to Protestant fellow subject.
The further consideration of the bill then post
poned till yesterday when several members addressed the
Council for and against the measure, the Hon. Mr..
Boulon who introduced it originally taking Abe lead in
advocating the BILL and active part in the proceed
ings The Hon. DR.. Tache went into history of the
French revolution and the appalling to which it
led He traced its progress to its final consumaton
when the religion of the nation prostrated and the
Goddess OF Reason elevated its altars-when the
Gregorian calendar abolished and another establish
ing the decade substituted for the purpose of des
troyng the of commemoratnghe creation and the
deluse, unit, finally extensive system of divorce was
introduced which, penetrating the sanctuary of private
life inflicted fatal blow upon the social condition and
domestic happiness of mankind. He then adverted
to the difficulty that exists in obtaining divorce
in England which only be efre cted by act of
Parliament, and procured by the wealthy; and con.
trasted the state of the law there upon that subject
with that of the United States where man who is the
inmate of a log hut and who lives on Indian corn and
hard cider obtain divorce for twenty collars He
said he looked upon the prevalence of divorce in that
country as worse than the institution of slavery,
lous affection in the body polite that must terminate in
a universal cancer, which result would have happened
before now, were 1T not Tor sort of safety valve which
west affords that enables people who are 50 disposed to
emigrate in that direction and possess themselves of
many wives as they can afford 10 maintain After refer
ring to the vrtuous and happy state of society which
exists in Lower Canada he concluded by expressing his
deter mnation to vote against which could not
have good moral tendency but in its effects must prove
injurious to the best interests Of the country.
The Speaker, Hon. Mr. Carron, followed. Notwithstand-
ing he speaks French uenty it is his native dialect
hn In IN M hnl
he esides in English in which language he delivers him
self with great purity Of expression and clearness Of
diction. He said when similar case before the
Council in ls44 the parties being as in this instance
Protestants, he DESTROYS of complying with their
wishes and on that occasion expressed himself fully
than he should do at present. because owing to the
strucon of the Council, it easy to perceive what
would be the result of the present discussion and that
the bill would pass by large majority He commended
that Colonial Legislature does possess the power Of
egsatng in cases OF divorce and that in that Of Harris
referred the rvy Council advised the refusal OF the
royal assent not only because of the absence of par
ties, but on the ground of want of general jurisdiction
but even If it possesses such it did not become
eaid that in England the right grant divorce il
exercised by the House of Lords, ia virtue of the
judicial authority with which that body is possessed,
must originate in that body; but the legislative coun
ellis in the colonies have no such judicial power. In
the neghborDg provinces of Nova Scotia and New Bruins
WICK satisfied they OF this that they had passed
acts constituting tribunals for trying divorce cases.
which had been approved in England and had become
CD constituted such tribunal and in the other the or
nary courts Of the country He was therefore, satisfied
possess the power which they called upon to
else that day and which, his opinion well founded
would place Capt Beresord in condition than he
is at present. for should the courts in England at any
future period decide that such constitutional power
had been delegated to the colonies the effect would be to
ileet%a:,ise the children By subsequent marriage
render the party himself liable to charge of bigamy
The present case he continued had been proven be
one Of the worst that could be imagined Here was q
person. who had unfortunately lived as good citizen
ought not to live yet who had subsequently done all that
could be expected from honest man, to repair his
faults and who was ready to sacrifice his comfort in the
the performance Of those obligations which he considered
necessary for egmatiziDg the children which had been
born The petitioner Therefore had his sym pathy but
unless he we're satisfied that btu OF divorce would be
valid one he could not vote for It, He would 20 further
and if convinced that the Legislature had that
question. In coming to this conclusion he said he was
not acuated by religious preudices, and reoiced that
ne lived in country where every man might be guided
allow to others that liberty of conscience which he enjoyed
HIMSELF but he opposed to the passage Of bills of the
nature Of that before the House, because in this country
in the circumstances which 1t is placed there exists
necessity for such law; aud in England he
tended that the ecclesiastical law in force there
posed to any other description Of separation than that
bed and board His position, he said was that there is
general law in England for eectng divorces and that
individual desiring it, must apply to the supreme
Legislature of the country in which that extra judicial
power vested and which must exist where in the
lowed in the other States and the British provinces ad
joining it is permitted by law bat in England there is
general law authorizing divorces but every law that is
passed is . In Canada also, there law
the subject and its legislature not bound either to
grant refuse From 1871 to 1882 divorce had
been asked for in the province and in 1869 the first
of divorce occurred in England Since that time though
the supreme authority had undertaken to deal with the
subject yet due respect had been paid to ecclesiastical
authority and sentence from ecclesiastical Court
or the judgment Of judicial tribuda, required
the basis which to found this exercise of
power Since 1869 Of divorce had been very
England and he necessity for introducing them
into Canada There marriage he ssid in which
clouds might not intervene and interrupt the harmony
coniugal life but when people find there is escape,
they viii perceive the bad effects of yielding to evil pro-
pepstes and indulgipg in other than kindly feelings
while the other hand If they knew they could
TO a complainant legislature, and procure a separation
the worst effects would He had read account
not long since of woman meeting in company two
whom she had formerly been married. and who at tina
time had third husband. This took place in the Unite
States and resulted from the facility with which divorces
could be obtained in that country.
The Speaker concluded by assuring members. that on
opposing the passage Of the bull he not acuated by
religious and preudices but solely by the