The Marquis of Sligo conceived that the clause would be productive of general good; because it would show those who engaged in an adulterous intercourse that their conduct would undergo a severe scrutiny. As to the charge of the immorality of the times, he was afraid it was too just. The Marquis of Buckingham, in moving | he said, had been sanctioned by the unito agree with the committee in the said form practice of the last century. amendment, enforced his former arguments. The prospect now held out to the woman, of her being able to regain a respectable rank in society after the loss of her virtue, he considered as a dangerous weapon in the hands of the seducer. He would not say that there was less morality in the present than in any preceding age; but he thought that the opinions which had been propagated of late on the subject of the matrimonial contract, and the facility which the increased wealth of the country had given to the attainment of divorce, had diminished that horror which had been formerly felt at committing the crime of adultery. The Duke of Clarence expressed his dissent from every position laid down by the noble marquis. He did not believe the law proposed would have the desired effect. He was the more inclined to think that it would be grateful to the wily seducer; who would thus feel himself relieved from the claim which the unfortunate female had upon him, and be left at liberty, after he had drawn her from the path of virtue, to abandon her to prostitution and despair. His royal highnes dwelt with much force and feeling, upon the deplorable situation these credulous women would be thrown into, should the principle be adopted. The Earl of Suffolk objected to the clause on the ground of its operating ex post facto, and thought that the fairest mode of proceeding would have been to bring forward the principle in the shape of a general law. The Earl of Westmorland thought, that the frequency of application for divorce was more to be attributed to the increased wealth of the country, which afforded a greater facility for making such applications, and to a nicer sense of honour, than to any depravity of morals compared with former times. The other House had rejected the principle of the clause, when put in the form of a bill, and it was scarcely to be supposed that they would assent to it in its present shape: the consequence would be, that if their lordships persisted in maintaining it, Mr. Taylor would be deprived of that relief to which he was entitled. He then argued against the clause, on the ground that marriage was merely a civil contract, the dissolution of which left both parties at liberty to marry again, a principle which The Earl of Carlisle argued against the clause. What our Saviour said on the subject of adultery, he considered had no prohibition against the future marriage of the parties. It would best serve the interests of morality, if the terror of matrimony was impended over the seducer. He strongly objected to the clause, on the ground of its being of the nature of an ex post facto law. His lordship next animadverted on the argument, that it would bring scandal on the church, and do an injury to morality, if the reverend seducer and the lady seduced were to be permitted to marry. But even this he did not consider would be productive of so much evil as filling the public prints with proceedings of courts on trials for adultery and applications for divorce, which found their way into most houses, and tended to injure the purity of the female mind. The Bishop of Rochester entered into and elaborate explanation of the constitution and customs of ecclesiastical law. The canon law had been adopted, under certain restrictions, at the time of the Reformation; and so far he considered this code as composing part of the common law of the land. He stated the opinions of cardinal Bellarmine, and other eminent casuists, in favour of the indissolubility of the marriage contract; and observed, that this was the uniform opinion of churchmen and canonists from the time of Constantine to the days of Martin Luther. He stated the reason of this doctrine being called in question at the time of the Reformation, from an idea entertained of its being connected with the popish doctrine of marriage being a sacrament; and, after censuring what Melancthon, Selden, Milton, and others had advanced on this point, his lordship minutely explained his idea of that passage of Scripture in which Christ conversed with the Jews on the subject of adultery. The opinion advanced by arch bishop Cranmer he considered to be a mere quibble; that because marriage, in He could not agree with the right reverend prelate, that the canons of the church were a part of the common law of the land, and stood on the same footing, The canons of the church, before the Reform cases of adultery, was dissolved, there- Lord Mulgrave said, that this clause was to do that by a side wind, which, if done at all, ought to be effected by a direct, and open measure. It was not the means of obtaining justice. It was risking the peace and comfort of an injured man. The Commons had rejected the bill of last year, and if they should reject the present clause, their lordships would be placed in the aukward predicament of undoing what they had done, or of injuring still farther a man sufficiently injured already. Noble lords had con sidered it great scandal to suffer this adulterer and adulteress to intermarry. But would it not be much worse that they should continue to live together in a state of open adultery, or that the woman, driven to despair, should fly to a life of prostitution? Lord Grenville said, the clause was nothing more than an effort of that House to promote, as far as in them lay, the cause of virtue and morality, by doing even in a partial way that which they had agreed to more generally last year. With respect to the mischiefs arising from the publication of such discussions as these, he perfectly agreed, that they tended to injure the morals of every pri. vate family, and particularly of females. Such was the licentiousness of daily publications, that trials at which the judges in the courts, forbad all women to be present, found their way into the apartments of private houses, and were read by all kinds of people. He denied that any fair conclusion, could be drawn by anticipation of the probable conduct of the other House in respect to the clause. If they rejected it, that was no reason their lordships should not sanction it, in the first instance. This House had been considered as a tribunal not the best calculated to try these questions; and to this opinion he most cordially assented. The Earl of Clare said, that if such a clause was adviseable, it ought to have been made the subject of a general law. § were the contrivance of the popish priests, the children of the see of Rome; at the Reformation, they, in common with all other parts of the rubrick of the church of Rome, were of course annihilated-subject, however, to one special exception. By order of Henry 8th, commission was issued, directing an inquiry to be made into the canons of the church, and to report what part of them might be adopted without prejudice to the king's prerogative, or injury to the laws and constitution of England. A report was made in favour of adopting some part of them, in particular those that referred to matrimony and other ordinances of the church; and, by the 2nd of Henry 8th, it was enacted, that the canons of the church should be in force to a certain and limited extent; as much of them, consequently, as were of authority, derived that authority from sta tute, and not from the common law of England. He denied the right reverend prelate's assertion, that marriage was vinculum indissolubile, and of divine autho rity. He quoted the canonists to show that it had been so laid down by them, but was contradicted in the writings of many celebrated theologians and learned commentators, who all agreed that marriage was vinculum dissolubile. He would not, however, give much authority to the canons of the church in contradistinction to the law of England; on that and that only he rested, and that law, and the practice under it, in respect to divorces, plainly showed that marriage was with us regarded as a civil contract merely, and nothing more. The ecclesiastical courts took upon them to inquire into cases of jactitation of marriage, and if the case was made out in a satisfactory manner, they proceeded to pronounce a sentence of divorce, à mensa et thoro; but they would venture to go no farther: and thence the practice obtained of applying to that House by petition, and substantiating by proof the marriage and the criminal facts, in support of the petitioner's prayer to be allowed a divorce à vinculo matrimonii. This course of proceeding could neither in the instance of the practice of the ecclesiastical court, nor in the usage and view of the legislature, be right, if the bond of marriage was considered as vinculum | adultery, or, was it not more likely to en indissolubile. Being only a civil contract, courage the commission of that crime? the moment that contract was dissolved, and, was it just and candid to put the it was dissolved wholly to all intents and petitioner in the injurious situation in purposes. With regard to the doubts which the clause would place him? He that were said to have been entertained contended, that the clause would operate as to the validity of the marriages cele- as an additional punishment on the most brated subsequent to a divorce had and innocent party. The party most to be obtained from the legislature, and the reprobated was doubtless the adulterer: legitimacy of the issue of such marriages, and yet the clause would cover the wolf he never heard of any such doubts, before in sheep's-clothing, instead of branding last Thursday, he never had entertained him with infamy. a doubt on the subject; and he was convinced that there was no ground for any doubt whatever. With regard to the clause, it would operate as a favour and a bounty to the adulterer, who would be freed from the terrors of matrimony, and encouraged to carry on his trade of seduc tion. Lord Auckland said, that if it was once established as a general and practical position, that the offending parties might intermarry with each other, the consequence would be, that men of gallantry would make proposals to married women, for the eventual purpose of marrying them, with the same ease and effrontery that they would pay their addresses to an unmarried girl. If the proceeding really tended to such an extreme of profligacy, he should be more than ever confirmed in his opinion respecting the unfitness of parliament to give divorces by a legislative interference. If the courts of common law, or if the ecclesiastical court, or if delegates from both were legally authorized, after a solemn and judicial trial, to pronounce sentence of divorce in cases of adultery, he should prefer such a tribunal to the partial and unequal interference of legislative assemblies. The noble earl was much mistaken when he described the bill of last year, as a sickly infant deserted by its parent, and left to expire on their lordships table. That same infant had been introduced to the House thirty years ago by the duke of Athol; it had been adopted ten years afterwards by the present bishop of Durham. In both instances the House of Lords had passed the bill without one dissentient voice. But neither the fate of the last year's bill, nor the probable loss of the clause now under discussion would affect an opinion which he solemnly believed to be founded in immutable principles of morality and religion. The Duke of Bedford said, that the question appeared to him to rest on two points: Was the clause likely to check The Lord Chancellor said, that with regard to marriage being a civil contract, it undoubtedly was a civil contract, but it was, in the whole view of it, and even in the ritual itself, declared to be a divine ordinance, and had ever been so considered by the ministers of the church of England, and by all polemical writers. The House divided: Contents, 29; Not Contents, 56. The clause was therefore rejected. The Earl of Suffolk's Motion respecting the Paper Currency of Country Banks.] March 30. The Earl of Suffolk rose to call the attention of the House to the Circulation of Country Bank Notes, and said :The present, my lords, is not a political question; and I am therefore, somewhat sanguine in my hopes, that what I shall ultimately propose will meet with general concurrence. Public motives alone actuate me in trespassing on your attention, for personal ones I have none. I trust that I am free from all suspicion of avarice! and ambition, since the late severe blow that I suffered in the loss of my eldest son, has been completely dead within me. It may by some be supposed, that, as a military man, I must be uninformed on the present subject; but perhaps, some little credit may be thought due to the opinions of one who, in the eighteen years since he came to the estate attached to his peerage has doubled its value, after having laid out at least 20,000/, in repairs, and made the best of roads in a country that before was scarcely passable. Hav ing no power to raise money on mortgage I have done this, out of my income, be sides realizing a personal property of at least 20,000l. without debts or incumbrances, I do not speak this from egotism or vanity; but to show that I am not al together without pretensions to an ac quaintance with the subject before the House; and if other peers would follow my example, instead of scrambling for es and pensions, their characters | purchase now the same quantity of necesld probably stand higher in the coun- saries that they would have purchased at -My lords: Among the causes of that time. Dr. Smith justly observes, high price of provisions, I should be that the affluence of the few always supto consider, 1st, The present pro- poses the indigence of the many; whatcted war. The consumption and waste ever enriches one part of the society, carrying it on are incredible. The num- without increasing the whole amount of of persons employed in the navy and the riches, must necessarily impoverish my may be estimated, at 400,000.; and the other. Indeed, my lords, nothing hink myself warranted in saying, that appears more surprising than that ever it e provisions furnished on their account could have been supposed that a man uld maintain 1,000,000 in time of could double or increase his own fortune, ace. 2dly, The enormous taxes that merely by writing his own name on a bit Ave been imposed for carrying on the of paper, without robbing the other memontest. 3dly, A partial scarcity in the bers of the community. I agree with Mr. ngle article of wheat. 4thly. The duke Boyd, that the great source of the evil is Portland's letter; which I consider as the stoppage of the bank of England; and aving tended to double the price of grain. that the resumption of payment in specie, thly. The grand evil of all, paper credit. gradually introduced, would gradually On this subject, let us advert to the opi- reduce the circulation of country banks to ions of Dr. Adam Smith; who says, that its natural and proper limits. In what I he real wealth of the banker is exactly have further to state, I shall confine myequal to the quantity of his money or self principally to the issue of paper; and paper for which he receives interest. In 1st. It would be very proper to ascertain proportion as he increases either, he really the number of country bankers which increases his wealth; but as the increase have been conjectured to amount to about of his paper by no means increases the 400. There are frequently many persons national wealth, the increase of his parti- in a firm; all of them living in great afflucular wealth must be at the expense of ence: and at whose expense do they so? the nation at large. The power (says he) Why, at that of the artificer and labourer, acquired by wealth, is the power of pur- while their whole labour is wholly unprochasing a certain command over all the la- ductive to the state. It might not be imbour, or produce of labour, in the market. politic to oblige these persons to take out The banker, by increasing his money by licences at 50 or 100%. each, a measure means of paper, increases his wealth, and which would at once ascertain their numconsequently, his power over the market; ber and aid the public revenue. 2ndly. but, as his power is increased, the power These banks have their agents in every of all others who come to the same market town and district to circulate their paper; must be diminished. First (says he), the of which, supposing each firm to issue but banker would never issue paper but for 30,000l. and taking the number of banks a his own advantage; consequently of the at the low estimate of 400l., the nominal tax that is levied he will have a principal value of this kind of paper in circulation share. Secondly, the merchant who bor- must be 12,000,000l. 3dly. I observe, rows the paper does it only with a view to that two acts of parliament (15th and profit; therefore he, too, must have a 17th Geo. 3rd) prohibiting the issue of a considerable share. Thirdly, and lastly, notes under 5l. have been expired these if the labourer has any share, it can only 15 or 16 years. These ought to be imbe from that part of the interest which is mediately renewed, or others framed for applied to increase production. But by the like purpose of restriction. 4thly. far the greater part of the increase is em- The country bank notes should be numployed in buying and selling; consequently bered to ascertain their quantity and exwhatever trifling advantages he (the la- tent. I may be told that this paper cirbourer) might have had from the advance culation is a private transaction with which of wages, will be more than counterba- the legislature should not interfere; but my lanced by the advance in the price of lords, wherever private transactions tend commodities. Whoever will take the to public injuries, it is the duty of the trouble to compare the rate of wages and legislature to interfere. 5thly. Let me price of provisions 30 years ago, with what suggest the propriety of imposing a shilthey are at present, will find, that although ling stamp duty upon every pound or wages have been raised, they will not guinea value for which any country bank [VOL. XXXV.] [4 M] note should be issued; which would either have the effect of abridging the circulation or, out of the immense profits of these bankers the public purse would share 5 per cent. Is it not strange that we can restrict the issue of bank of England paper yet that the circulation of country bank notes shall be unlimited? 6thly. An expedient which I should think likely to be attended with beneficial effects in reducing the price of corn, would be the establishment of public granaries. I am told that his grace of Athol has adopted them in the Isle of Man; and the noble duke will probably be good enough to inform the committee as to the effect that they have produced. 7thly. A general equalization of weights and measures ought to take place throughout the king. dom. At present, one Carlisle bushel is equal to three Winchester ones; and, not unfrequently, there is great variance between the measures even of the same county. 8thly. With respect to the sale of corn in the metropolis, it is clear that the best effects would result from the having two general markets instead of one; which would excite competition, and in a great measure defeat the machinations of the monopolist. Further to prevent combination and forestalling, it would be desirable that all the markets throughout Great Britain should be held on the same day, and, as nearly as possible, at the same hour. 9thly. With regard to fish, which might, with great advantage, from our insular situation, be called in aid as a substitute for other provisions. A private individual, about 35 years ago, reduced for some months the price of fish in the metropolis one half, by his single exertion I must again repeat, however, that the price of provisions cannot be lowered till the quantity of paper currency is lessened If government will not apply that remedy which, in my opinion can alone correct the evil, I shall entreat your lordships, instead of receiving as now you do ninetenths of your rents in country bank paper, to forbid your stewards and agents to accept of any payments but in bank of England notes, or in specie. I shall now take my leave of the subject, with moving, "That it be an instruction to a committee of this House to inquire into the extent of the Paper Currency issued by Country Bankers, in order to ascertain what effect it may have had on the High notes, he should only observe, that under the present system the country had grown to unprecedented greatness; and before he would consent to alter that system, he must be sure indeed of the efficacy of the proposed measure. The Earl of Warwick supported what had been said of the pernicious effects of country banks, and stated some instances which had fallen immediately under his own observation. Lord Auckland said, he should confine himself to a few remarks on what had been insinuated respecting the effect of paper credit and of the country banks, in contributing to enhance the price of grain and of the necessaries of life. It was dangerous to ascribe a popular calamity to a public cause ill understood by the people. It is natural for those who are suffered to listen with credulity to rash and ill-judged offers of advice. And if what had been alleged that night of the mischiefs occa sioned by the country hanks should gain a general belief, it might produce a sudden and fatal explosion of the whole fabric of our national wealth and greatness. The subject of paper credit is peculiarly open to misconceptions. It is not generally understood, and yet it is undoubtedly true, that gold and silver coins in their relative proportions, are not more valuable than so many pieces of paper purporting to be current for a cer tain denominated sum of money, and circulating at that value without deprecia tion. One of the noble lords had talked contemptuously of the country bank notes as so many bits of paper with stamps upon them. But he must entreat the noble lord to recollect that those bits of paper are issued for a specified value in consequence of an equivalent received, and that they are all payable on demand in notes of the Bank of England, or in guineas. And therefore the country bank notes are not liable to be depreciated, and can never remain an hour in circulation if the quantity issued should be beyond what the demands and industry of the community can keep afloat. Our unpa ralleled expenditure has been maintained by the aid and effect of our paper If that credit were carried too far, the remedy would present itself, and the bills issued would be returned to the banks which issued them. Without the aid of the country banks, the cultivation of lands would be checked, the industry and inge Lord Hobart said, with respect to banknuity of our manufacturers would be sus» Price of Provisions." credit. |