THE SCOTCH MARRIAGE BILL.
We trust we have no blind or bigoted admiration of our native institutions, and we willingly allow that the marriage law of Scotland is not incapable of amendment. Any measure, therefore, professing to have that object, would receive our attentive consideration; but we should expect it to be framed with a care and caution corresponding to the grave importance of the social relations which are to be affected, and in a spirit congenial to the deep moral and religious convictions which have always been cherished among our countrymen, and which, on this subject above all others, it is important to preserve unimpaired.
The Bill recently introduced into Parliament "to amend the law of Scotland affecting the constitution of marriage," appears to us not to possess the recommendations which we think essential to such an attempt. We consider it, though well intended, to proceed on a partial and imperfect view of the subject, and to threaten us with the introduction of greater evils than those which it professes to remedy. We regard it as calculated to destroy or deaden the sacred character of the conjugal union, and to diminish the solemnity of its obligations; to give new and dangerous encouragements to precipitate and improper connections; and, more especially as regards young persons, to create formidable temptations to imprudence or immorality, and fatal facilities to the designs of adventurers who may seek by marriage to obtain wealth or advancement.
As the Bill is short, we shall insert it as the text of our observations:
"A BILL to amend the Law of Scotland affecting the Constitution of Marriage.
"Whereas it is expedient that the law of marriage in Scotland should be amended as far as the same affects the constitution of marriage in that country; be it enacted, by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that from and after the last day of March, One thousand eight hundred and Forty-eight, excepting as hereinafter excepted and provided, no marriage to be contracted in Scotland shall be valid or effectual unless it shall be registered by the parties contracting the same, in terms of an act passed in the present session of Parliament, intituled, "An Act for registering births, deaths and marriages in Scotland," by the said parties appearing in presence of the registrar, and then and there signing before witnesses the entry of their marriage in the register, and having the same otherwise registered in the manner provided by the said act, in the case of the registration of marriages by the parties themselves contracting marriage; upon which registration only the marriage shall be held to be contracted or valid or effectual to any effect or purpose whatever; and it is hereby declared that such registration shall of itself constitute marriage, and such parties shall thereafter be held and deemed to be married parties to all effects and purposes whatever.
"Provided always, and be it enacted, that nothing herein contained shall affect or be held or construed to affect the validity of any marriage where the marriage has been solemnised in presence of a clergyman, or of a party professing to be acting as, and believed to be a clergyman, or, in the case of Jews, has been solemnised according to the rites observed by persons professing the Jewish religion, or, in the case of Quakers, according to the rites or form observed by persons belonging to the Society of Friends commonly called Quakers.
"And be it enacted, that the word 'clergyman' shall include all clergymen or ministers of religion authorised to solemnise marriage, whether belonging to the established church, or to any other church, or to any sect or persuasion by whatever name or denomination known.
"And be it enacted, that this act may be amended or repealed by any act to be passed during the present session of Parliament."