not see any weight or shadow of reason in the argument, that Scotland
must necessarily have a registration act, because England has already
submitted herself to such a measure. On the contrary, they are not fond
of uniformity, because, under that pretext, many inroads have of late
years been made upon laws and institutions which hitherto have worked
well, and against which, intrinsically, it was impossible to bring
any tangible ground of complaint. Nor is it without some reason that
they view with jealousy that endless multiplication of offices which
the Whigs seem determined to effect. No doubt it is convenient for a
political leader to extend the sphere of his patronage; but the public
have, at the present time, too many stringent motives for economy,
to acquiesce in the creation of a new staff as the indispensable
consequence of every ministerial bill. They do not want to be visited
by a fresh flight of locusts, whose period of occupation is to be
everlasting, whenever it is thought expedient to make some change
in the form and not the essence of our institutions. And therefore
it is that the Registration, apart altogether from its connexion
with the Marriage Bill, has been regarded as a measure not strictly
objectionable in principle, but exceedingly ill-timed, inconvenient,
and unlikely to produce any results commensurate with the cost which it
must entail.
We believe that the above is a fair statement of the public feeling
with regard to the Registration Bill; but, notwithstanding all these
objections, it might very possibly have been carried had it stood
alone. The ministerial phalanx in the House of Commons would probably
have regarded the advantages of uniformity as a thorough answer to the
arguments which might be adduced on the other side; and English members
might naturally have been slow to discover any valid objections to
the extension of a system already in full operation within their own
domestic bounds. But the promoters of the bill had, at the very outset,
to encounter a difficulty of no ordinary weight and magnitude. That
difficulty arose from the peculiar position of the law of Scotland with
regard to marriage. There could be no mistake about births and death,
for these are distinct contingencies; but how to register marriages,
which required no legal formality at all, save consent, to render them
binding, was indeed a puzzle, which even the wisest of the innovators
could not pretend to solve. There stood the law as it had done for
ages; not demanding any ceremony to render the deliberate consent of
contracting parties binding; shielding the weaker sex against the
machinations of fraud, and interposing an effectual barrier to the
designs of the unscrupulous seducer. There it stood, so merciful in its
provisions that it left open a door to reparation and repentance, and
did not render it imperative that the birthright of the child should be
irretrievably sacrificed on account of the error of the parents. At the
Public-domain text, read in full here on John Shaqi.
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