§ The EARL of ABERDEENsaid, he had observed from the Votes of the House of Commons yesterday, that Her Majesty's Government had abandoned the Scotch Marriages and Registration Bill, which wore sent down from their Lordships' House some time ago. As he was one of those who took a very decided part in opposing those Bills, and ventured to protest on the Journals of the House against their passing, he could only feel satisfied with such a result; but his object in rising at present was, to state that, although he much deprecated the alteration that had been proposed in the law of marriage in Scotland, he was yet fully sensible, and had always admitted, that great evils arose from the difference of the law on this subject in the two countries. He considered what were called "border marriages" disgraceful to any country, and was especially anxious to see a remedy applied to prevent the evasion of the law of England by the natives of this country. Now, if his noble and learned Friend near him (Lord Brougham) thought fit to reintroduce a Bill on this subject next Session such as he had proposed some years ago, he (the Earl of Aberdeen) would have great satis- 289 faction in supporting him as far as he could; or if some other noble Lord, more competent to deal with the subject, took it up, which might easily be the case, then, also, he (the Earl of Aberdeen) would be most happy to acquiesce. But if neither of these alternatives were adopted, he (the Earl of Aberdeen) would himself next Session lay before the House a measure having for its object to remedy the great evil that had long and most justly been complained of.
LORD BROUGHAMquite agreed with his noble Friend who had just spoken, that it would not be difficult to find a person more fit than himself (Lord Brougham) to bring in a Bill on this subject. But he would, certainly, most willingly support his noble Friend in bringing in his Bill, if he would undertake the responsibility of the task. His (Lord Brougham's) Bill of 1835 was highly approved of by his noble and learned Friend opposite (Lord Campbell), and was fully explained at the time; and he did not know, but hoped that his noble and learned Friend would undertake to bring in a Bill next Session himself Be that, however, as it might, he (Lord Brougham) would pledge himself thus far, that if no one else would relieve him of the charge, he would himself give their Lordships another opportunity of doing their duty with regard to Scotch marriages.
LORD CAMPBELLdeeply deplored the loss of these two Bills this Session. He had had twice the honour—once during a previous, and also during the present, Session of Parliament—of proposing a change in their legislation with respect to the Scotch marriages; but he hoped that the cause would prosper better under the auspices of his noble and learned Friend (Lord Brougham). He (Lord Campbell) had already used his best exertions to improve the marriage law of his native country; but now he would wash his hands of the subject, and give it over to his noble Friend.
LORD BROUGHAMbegged his noble and learned Friend not to follow his example, and because he (Lord Brougham) had given over the question to his noble Friend near him (the Earl of Aberdeen), transfer the charge of bringing in a Bill to him (Lord Brougham).
§ The EARL of ABERDEENsaid, the two noble and learned Lords were condoling with each other upon the untimely fate of this most detestable Bill; but he main- 290 tained that if the Bill had not been withdrawn by Her Majesty's Ministers, representative government would have been rendered a mere farce; for the whole Scottish nation were unanimously opposed to the measure. And what or who made the Government withdraw it? Did he? Certainly not; but the fact was, that out of the thirty-three or thirty-four Scotch Members of the other House, they almost all to a man voted against it, and they were, therefore, compelled to withdraw it.
The EARL of MINTOhad looked at the petitions that had been presented against this Bill, and certainly found that they were not petitions against the measures that came before their Lordships; they were against anything rather than them—they were against the grossest misrepresentation of the Bills as they actually stood. He considered the present state of the marriage law a disgrace to any Christian country.
The EARL of HADDINGTONnever thought there was a more general concurrence of public feeling than had existed against this Bill; and he would ask the noble Lord who spoke last whether the religious denominations of every description in Scotland were not adverse to the measure?
LORD BROUGHAMsaid, he should present the two Bills in one, and his Bill of 1835, next Session, for the purpose of effecting a complete reform in the Scotch low of marriage.