Bigamy is beyond all dispute a crime of a heinous nature. Its
consequences are so obviously calamitous, that no power of oratory can
make them appear greater than they are; and we should rejoice to see
any legislative measure introduced which could render its perpetration
impossible. But, unfortunately, the eradication of bigamy, like that
of every other crime, is beyond the power of statute. It may perhaps
be lessened by decreasing facilities, or by augmenting its punishment,
but we cannot see how it is to be prevented altogether by any effort of
human ingenuity. But if the marriage law of Scotland is to be assailed
upon this ground, it is incumbent upon its opponents to show that it
really tends to promote bigamy. If the wrongs so pathetically deplored
have a real existence, let us be made aware of that fact, and we shall
all of us be ready to lend our assistance towards the remedy. No paltry
scruples shall stand in the way of such a reformation, and we shall
willingly pay even for registration, if it can be made the means of
averting an actual social calamity.
But here again we find, on examination, that we are dealing with a pure
hypothesis. We are told of horrible private injuries that may occur
under the operation of a law which has been in force for centuries:
we ask for instances of those injuries; and, as in the former case,
it turns out that they have no existence save in the imagination of
the promoters of the new bills. If the present law of Scotland has a
tendency to promote bigamy, surely by this time it would have been
extremely fruitful in its results. On the contrary, we are told by
Lord Campbell that the Scots are a very virtuous people; and certainly,
in so far as bigamy is concerned, no one will venture to contradict
that opinion. One case, it appears, has occurred, in which a man of
high rank, having previously contracted a private marriage under
peculiar circumstances, married a second time, and that union was
found to be illegal. The case is a notorious one in the books and in
the records of society, and it occurred forty years ago. "About forty
years ago," said the Dean of Faculty, "a gentleman of high position in
society, so far forgot for the time what was worthy of, and due to that
position in point of honour, and truth, and observance of the law, as
to marry a lady in England, while he had a wife living in Scotland--and
so he might have done if he had had a wife living in France or Holland.
In short, he committed bigamy. And this one case of bigamy, forty years
ago, without even an allegation of any similar case since that time,
is brought forward at the present day, as a reason for now altering
the law of Scotland in regard to the constitution of marriage." The
individual in question lived and died in exile, and the case is never
quoted without expressions of deep reprobation. It is the only one
of the kind which can be brought forward; and surely it cannot be
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