Blackwood's Edinburgh Magazine, Volume 66, No. 407, September, 1849. Various
p>Blackwood's Edinburgh Magazine, Volume 66, No. 407, September, 1849
THE SCOTTISH MARRIAGE AND REGISTRATION BILLS
About two years ago, we found it necessary to draw the attention of our readers to certain alterations which our Whig rulers, or at least a section of them, proposed to make in the existing law of marriage, as applicable to Scotland. We stated our views moderately, not denying that in some points it might be possible to effect a salutary change; but utterly deprecating the enforcement of a bill which was so constructed as to uproot and destroy the ancient consuetudinal law of the kingdom, to strike a heavy and malignant blow at morality and religion, and which, moreover, was regarded by the people of Scotland with feelings of unequivocal disgust. So widely spread was that feeling amongst our countrymen, of every shade of political opinion and form of religious faith, that we believed this ill-advised attempt, once arrested in its progress, would be finally withdrawn. Popularity, it was quite clear, could never be gained from persisting in a measure so unpalatable to the whole community; nor had England, save in the matter of Gretna-green marriages, any visible interest in the question. It is just possible – for self-conceit will sometimes betray men into strange extravagancies – that a few individual legislators had more confidence in the soundness of their own opinions than in that of the opinions of the nation; but, even if we should give them credit for such honest convictions, it still remains a doubtful point how far individual opinions should be allowed to override the national will. There may be parliamentary as well as regal despotism; and we are much mistaken if the people of Scotland are inclined to submit to the former yoke, even at the hands of those who claim honour for their party on the strength of traditionary denunciations of the latter. We think it is pretty clear that no private member of parliament would have attempted to carry through a bill, the provisions of which had been encountered by such general opposition in Scotland. No ministry would have lent its support to such a case of insolent coercion; and we confess we cannot see why the crotchets, or even the convictions, of an official are to be regarded with greater favour. In a matter purely Scottish, it would, indeed, be gross despotism if any British cabinet should employ its power and its interest to overwhelm the voice of Scotland, as fairly enunciated by her representatives. That has not been done, at least to the last unpardonable degree; yet, whilst grateful to Lord John Russell for having, at the last moment, stopped the progress of these bills, we may very fairly complain that earlier and more decided steps were not taken by the premier for suppressing the zeal of his subordinates. Surely he cannot have been kept in ignorance of the discontent which has been excited by the introduction of these bills, three several times, with the ministerial sanction, in both houses of parliament? Had a bill as obnoxious to the feelings of the people of England, as these avowedly are to the Scots, been once abandoned, it never would have appeared again. No minister would have been so blind to his duty, or at all events to his interest, as to have adopted the repudiated bantling; since, by doing so, he would have inevitably caused an opposition which could only terminate in his defeat, and which, probably, might prove fatal to the existence of his cabinet. And yet, in the case of these bills, we have seen three separate attempts deliberately made and renewed – first in the House of Commons, and afterwards in the House of Peers – to thrust upon Scotland measures of which she has emphatically pronounced her dislike. No wonder if, under such circumstances, when remonstrance is disregarded, and the expression of popular opinion either misrepresented or suppressed, men begin to question the prudence of an arrangement which confides the chief conduct of Scottish affairs to a lawyer and judge-expectant, whose functions are so multifarious as to interfere with their regular discharge. No wonder if the desire of the Scottish nation to have a separate and independent secretary of state, altogether unconnected with the legal profession, is finding an audible voice at the council-boards of the larger cities and towns. Of late years it has been made a subject of general and just complaint, that the public business of Scotland is postponed to everything else, huddled over with indecent haste at untimeous hours, and often entirely frustrated for the want of a parliamentary quorum. This arises from no indisposition, on the part of the House of Commons, to do justice to the internal affairs of the northern kingdom, but it is the natural result of the system, which virtually leaves Scotland without an official representative in the cabinet. Every one knows that Sir George Grey is not only an able, but a most conscientious home-secretary; but, in point of fact, he is home-secretary for England alone. It is impossible to expect that, in addition to the enormous labour attendant upon the English home administration, any man can adequately master the details of Scottish business. The fundamental difference which exists in the laws of the two countries would of itself prove an insurmountable barrier to this; and consequently, like his predecessors, Sir George Grey has no personal knowledge either of our wishes or our requirements. He cannot, therefore, take that prominence in a Scottish debate which his position would seem to require; and the duty which ought to be performed by a member of the cabinet is usually intrusted to a subordinate. In this way Scottish public business receives less than its due share of attention, for the generality of members, observing that cabinet ministers take little share in such discussions, naturally enough attribute their silence to a certain degree of indifference, and are careless about their own attendance. All this, which involves not only scandal, but positive inconvenience, would be cured, if a return were made to the older system, and a secretary of state for Scotland numbered in the roll of the cabinet. The want of such an arrangement is positively detrimental to the interests of ministry; for, during the last session, they have assuredly gained but few laurels from their northern legislation. Four or five bills, purporting to be of great public importance, have been withdrawn, and one only, which establishes a new office connected with the Court of Session, has been graced by the royal assent. Among the lapsed bills are those which form the subject of the present paper; but they have not yet lost their vitality. On the contrary, we are led to infer that, in the course of next session, they will again be introduced, in some form or other, before parliament.
This mode of treatment is so unprecedented, that we cannot pass it over in silence. It may not be unconstitutional, according to the letter of the law; but if it be true, as we maintain it to be, that the people of Scotland have already protested against these measures, it does seem rather tyrannical that for the fourth time they should be compelled to organise a resistance, and to make themselves heard through petitions, lest the very absence of these should be held as an intimation of passive acquiescence. This kind of reasoning has actually been resorted to; and a very pregnant instance of it is to be found in the reported speech of the Lord Advocate upon the third reading of the Marriage Bill. "With respect to the dissenters in Scotland, there was not a single petition from them against the bill; therefore they were to be taken as being in favour of it!" This is a notable sequitur. In the first place, it is quite a new doctrine to maintain that because men do not organise meetings, or go out of their way to petition parliament against any measure, they must therefore be held as assenting. In the second place, it is rather a startling thing to find that men are expected to petition in a religious rather than in a social character. If this view be correct, no individual Anabaptist has any right to express his political opinions unless he petitions along with his congregation. No member of the Episcopal Church ought to have a voice in a secular matter unless he goes along with his diocesan. We are almost tempted to ask the question, whether congregations in Scotland are to be regarded as mere political clubs, or as associations for praise and worship? The town-councils of most of the large towns of Scotland have petitioned against the bills – are there no dissenters at any of those boards? One hundred and thirty parishes have separately recorded their detestation of the bills, not one parish has made the smallest demonstration in their favour, yet, according to the logic of the Lord Advocate, those that are silent must be held as acquiescing! It is remarkable, however, that if these bills really tend to confer such inestimable boons upon the people of Scotland, that stubborn race have been singularly reluctant to acknowledge the extent of the benefit. Nay more, it is certainly a most striking fact, that notwithstanding the religious divisions, which are more numerous here than elsewhere, it has been impossible to procure one isolated testimony, by an ecclesiastical body, in direct support of these singularly unfortunate bills. Lord Campbell, in his evidence given before the Committee of the House of Commons – of which more anon – indicates an opinion that the clergy of the Established Church of Scotland have been actuated in their unanimous and decided Opposition to the Marriage Bill by the desire to preserve a monopoly of celebrating formal marriages. If so, how is it that