taken as any ground for altering the established law of the country.
But does registration prevent bigamy? Unfortunately it is shown by
numerous instances in England that it does not. In that country,
registration is already established, but, notwithstanding registration,
bigamy is infinitely more prevalent there than in Scotland. It is,
indeed, impossible by any means of legislation to prevent imposition,
fraud, and crime, if men are determined to commit them. Registration
at Manchester will not hinder a heartless villain from committing
deliberate bigamy in London. The thing is done every day, and will be
done in spite of all the efforts of law-makers. Why, then, make the law
of Scotland conformable to that of England, since, under the operation
of the latter, the very grievance complained of flourishes fourfold? We
pause for a reply, and are likely to pause long before we receive any
answer which can be accepted as at all satisfactory.
Under the Scottish law, it is admitted that there is far less
seduction, and far less bigamy, than under the English law, which is
here propounded as the model. And having come to this conclusion--which
is not ours only, but that of the witnesses examined in favour of the
bill, all evidence against it having been refused--what need have we of
saying anything further? Surely there is enough on the merits of the
question to explain and justify the unanimous opposition which has been
given to the Marriage Bill by men of every shade of opinion throughout
Scotland, without exposing them to the imputation either of obstinacy
or caprice: indeed we are distinctly of opinion that the promoters of
the bill have laid themselves palpably open to the very charges which
they rashly bring against their opponents.
Public-domain text, read in full here on John Shaqi.
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