We cannot, however, take leave of the subject, without making a few
remarks upon the evidence of a noble and learned lord, who was kind
enough to take charge of this bill during its passage through the
upper house. Lord Campbell is not a Scottish peer, nor, strictly
speaking, a Scottish lawyer, though he is in the habit of attending
pretty regularly at the hearing of Scottish appeals. But he is of
Scottish extraction; he has sat in the House of Commons as member for
Edinburgh, and he ought therefore to be tolerably well conversant with
the state of the law. Now we presume it will be generally admitted,
that any person who undertakes to show that an amendment of the law is
necessary, ought, in the first place, to be perfectly cognisant of the
state of the law as it exists. That amount of knowledge we hold to be
indispensably necessary for a reformer, since he must needs establish
the superiority of his novel scheme, by contrasting its advantages
with the deficiencies of the prevalent system. But in reading over the
evidence of Lord Campbell, as given before the Committee of the House
of Commons, a very painful suspicion must arise in every mind, that the
learned peer is anything but conversant with the Scottish marriage law:
nay, that upon many important particulars he utterly misunderstands
its nature. Take for example the following sentence:--
"With regard to this bill which has been introduced, I am
very much surprised and mortified to find the grounds upon
which it has been opposed; for it has been opposed on the
ground that it introduces clandestine marriages into Scotland.
I think, with deference to those who may have a contrary
opinion, that its direct tendency, as well as its object, is
to prevent clandestine marriages. I may likewise observe, that
I am very sorry--being the son of a clergyman of the Church
of Scotland--to find that it is opposed, and I believe very
violently opposed, by the clergy of the Established Church of
Scotland. I think that they proceed upon false grounds; _and I
am afraid_, although I would say nothing at all disrespectful
of a body for whom I feel nothing but respect and affection,
_that they are a little influenced by the notion, that a
marriage by a clergyman who is not of the Established Church,
is hereafter to be put upon the same footing with a marriage
celebrated by a clergyman of the Established Church_: but I
should be glad if they would consider, that they are placed
nearly in the same situation as the clergy of the Church of
England, who, without the smallest scruple or repining, have
submitted to it, because a marriage before a Baptist minister,
or before a Unitarian minister, is just as valid now as if
celebrated by the Archbishop of Canterbury; and I should trust
that, upon consideration, they would be of opinion that their
dignity is not at all compromised, and that their opposition to
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account