The Vancouver independent. (Vancouver, W.T. [Wash.]) 1875-1910, 1883-07-26

was occasioned by leaving them on this
doubtful footing. A man, for instances
at the age of thirty might marry his de-
ceased wife's sister, and the children of
that marriage might not know for forty
years or mOre-not, in fact, till the death
Of one of their parents-whether they
we're legitimate or not. This is the rea-
son given in the preamble of the act, and
this was the argument relied upon by the
promoters of the measure in parliament.
1t was not, however, denied that there
was an alternative method of overcoming
the difficulty.
The object of the act was to do away
with the uncertainty attaching to such
marriages. But this might have been as
serted by declaring them absolutely
valid, as we'll as by declaring them alb
sOlutely void; and as the former course
was not to be thought of, in consequence
Of the strong religious feeling which pre-
vailed in the country. the Legislature was
compelled to fall back upon the latter. it
an acknowledged and crying evil was to
be remedied at all
The immediate occasion of the legisla-
ton of 1925 was the question raised as
to the legitimacy of the late Duke of
Beaufort, who was u son of one of these
voi1able marriages. An act was intro
duced by Lord Lyndhurst into the
House OF Lords that year to remove all
doubt as to his position, and the clause
was inserted in IL making marriages
hitherto effected legal. but all after mar
riages illegal. The new House of Com
mons protected and refused 10 pass the
bill, but very late i'll the esslon it was
| pushed through. 1t was accepted by the
| House of Commons Oh the plea that 1t
was needful to settle at once questions
which affected the heirshi p to title and
great estates; and that the whole ques-
ton of the law of marriages OF affinity
| should be reopened and reconsliered
| The pledge thus given was not kept, and
the law which makes these marriages
illegal still remains on the statute
| book.
AS early as 1912 agitation against
Lord Lyndhurst's act" had attained to
very respectable proportions, for, on the
10th of March of that year the House of
| Commons refused leave to Lord Francis
EdHerton to introduce bill to legalize
the marriages of widowers with their
sisters-in-law. But five years later
May -, 1S47-Mr. Stuart Wortley OBJ
taiued commission to inquire into the
operation of the existing law, which, it
may be added, came before the public
still more conspicuously in November,
when the Chadwick case was heard in
the court of the queens bench. John
Chakwick's wife. Hannah Fisher, dying,
he married her sister, Ann, whom he
deserted to marry one Eliza Bostock. He
was thereupon indicted for bigamy, but
| ,,looIal that HE caolcl
null, and his third consequently non
| bigamous. This plea was supported by
the courts, and consequently the rascal
got off.
The agitation was kept up actively,
and by the 9th of March, 1850, the COM
mons had become convinced of the
necessity of some reform, and passed
the bill to second reading by 1872 to
100. In his speech on that occasion Mr..
Beresford-H Hope declared that if the
measure was passed it would be neces-
sary for the legislature to recognize old
marriages contracted in violation of the
law, and then went on to give sou-e Curl
sertion that such marriages we're only
common among the humber classes.
Though the bill passed the commons. it
was OppOSeu 81 stIcuuOusiN III tuo uOuSe
of lords that the earl of st. Germans
had to withdraw it July 25th, and on the
25th of February, 1851. when it was FIRST
brought to q vote in the house of lords,
| only sixteen votes were recorded in its
favor, while fifty were cast against it.
The sixteen Affirmative votes represented
the full strength of the party, advocating
| Its passage, which has been growing 30
steadily that last year it lacked but three
votes Of An actual majority of Q rather
full house.
So strong and deep is the feeling on
the question, that two associations have
been formed for its express considera.
rion-the Marriage Law Reform Associa-
ton, organized in 1851, conducting the
agitation in favor OF the bill, while the
Marriage Law Defence Association was
organized in 1860 to combat measure
declared to be "fraught with great dan
ger and injury to religion. morality and
family life." Lord Dalhousie and Lord
Houghton have been the especial cham
pions of the bill Of late years, and three
years ago they were reinforced by DR..
Bickersteth. the bishop of Ripon, and
the year before had the assistance, for
the first time, of the prince of Wales.
Since then it has been the custom for
the prince Of Wales and all his brothers
to 60 up to the house Of Lords on the
day when the bill is to como up and to