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fined in most cases to individuals who have the least claim to any indulgence. Let us suppose that a woman shall have betrayed the best of husbands; that she shall have broken and destroyed his happiness; and shall have brought dishonour and distress into his family; a woman without excuse or palliation for her misconduct! Such a woman is sure to have the benefit of our special interference, beCause we cannot hesitate to give relief to her injured husband, and she is allowed to avail herself of the terms in which that relief is given. But take the other case: let us suppose that there are many circumstances of extenuation; that the unfortunate female has been made to live amidst scenes of debauchery and profligacy; that her husband has connived with her seducer; that he has sold her person; that he has driven her from his house and protection. Such a husband cannot obtain a divorce bill (at least our "liberality of construction," our Christian charity," do not yet go quite so far). In this case, the woman, though hardly criminal, has The relief, but wanders an outcast from society, to be laughed at by the gay and splendid adultress, whose aggravated guilt shall have secured to her the means of marrying her seducer.

I protest, my lords, that this whole proceeding is so repugnant to my feelings, and at the same time so absurd, that I listen with astonishment to those who defend it. I see no grounds on which it rests, except on an unprincipled claim to favour a certain class of society; to “fashion wickedness by law;" and to ele

vate crime into contract.

And all this

(in the instances especially where the
crime is attended with the greatest aggra-
alion) contrary both to moral principle,
and to the practice of other nations, from
the remotest antiquity to the present time;
Contrary to the express law of another
part of the kingdom at this day; and even
contrary to our own subsisting law: for
all the arguments used respecting the al-
ternative in which the woman is said to
be placed, apply as
strongly against di-

a paramount duty to look also to the tendency of the crime, and to the necessity of example. We must not tamper with the essential principles of social order. It has been urged, however, that in several instances the intermarriages to which I object have been followed by a course of life well entitled, in every point of view, to esteem and respect. My lords, I know, and I admit, that such cases have occurred within the observation of us all; but I know, also, that a wise legislature will not wish to form and multiply a sect of individuals, whose fall and subsequent rise in the estimation of mankind can tend only to give a false estimate of principles. Unfortunately, it would be a sect not content with the exclusive enjoyment of the privileges which itself had obtained, but, like other sects, would be naturally active in multiplying the number of its proselytes. It would consist of persons, the elegance of whose manners, and whose attractive habits of life, would be well calculated to fascinate and corrupt the pure minds of others, and to create an opinion that there is something worthy of indulgence and admiration in the practices and consequences of a steady, grave, and wellregulated adultery. It would be actively and necessarily at work to subvert every sentiment of conjugal fidelity and female chastity, and would corrode and extend itself like a cancer over the fair bosom of civil society.

My lords, I feel anxious to resist any imputation of rigour. God forbid that we should adopt the harsh laws of other countries! The Mosaic law directed,

that, "both the adulterer and adul

tress should surely be put to death." And the same severity extended itself over Asia and Europe through many centuries. The punishment of adultery by the Roman law varied at different periods, but was frequently capital. In the Digest there are provisions similar to the clauses which we are debating. The strictness observed on this subject by our ancestors the Germans is well and forcibly described by Tacitus: "Ergo septâ pudicitiâ agunt

vorces à thoro et mensá, as they do against nullis spectaculorum illecebris, nullis the restrictions in the bill which we are conviviorum irritationibus corruptæ. Paudebating.This is not a question to be cissima in tam numerosâ gente adulteria, decided by sentiments of indiscriminate quorum pœna præsens, et maritis percompassion. Hard, indeed, must be the missa. Publicatæ enim pudicitiæ nulla heart which can be insensible to the dis- venia: non formâ, non ætate, non opibus tresses of a woman, whatever may be the maritum invenerit. Nemo illic vitia ridet: cause. But, in looking with an eye of nec corrumpere et corrumpi sæculum pety to the sufferings of a criminal, it is vocatur." Tacitus, who was of the con

sular rank, alludes here, and with just indignation, to the vices of the higher ranks, and to their affectation of justifying habitual outrages to decency as being the fashion and ton of the day," corrumpere et corrumpi sæculum vocatur." He felt with his cotemporary Juvenal who had exclaimed:

Velocius ac citius nos Corrumpunt vitiorum exempla domestica magnis

Cum subeunt animos auctoribus." But these investigations serve only to show the mildness of the system which we are pursuing; it is not even proposed by this bill, as at present constituted, that the female offender should be subject to any punishment. All doubtful provisions have been avoided; and therefore also the question has been left for future consideration, whether the means either of prosecution or of divorce should be given to the injured wife?

I have omitted to state a dilemma to those who object to the clauses in question. Will they go so far as to argue, that in all cases of adultery it is right and expedient to facilitate, or even (as some have said by way of sarcasm and epigram) to compel the intermarriage of the offending parties? The easy interchange of wives prevailed during two or three years, in that distracted country, whose terrible example we have had before our eyes; and it became no exaggeration to assert, that the ceremony of marriage resembled the intercourse of "brute beasts which have no understanding." There is not an individual in this House, whose mind will not revolt against any propositions of such a tendency. Is it, then, the wish to take the other branch of the dilemma, to confine divorce bills within the present bounds, and to give permission of intermarriage between offending parties to the opulent only? My lords, this is a position which will not bear the light; it becomes a code of adultery for a privileged cast; it holds out, in many cases, to the adultress, the means of acquiring a great advance in rank and property by her crimes. In the place of contrition we see triumphant and bare-faced. vice. The compassion of all moral men changes to indignation when such things happen.

Having disposed of the adultress, let us now turn to her seducer. "With respect to him," say the noble lords, "the clauses in question cannot fail to operate as a premium and encouragement

to adultery. You release him from his bond, when you refuse to release the adultress from hers. You release him from an honourable obligation, the foreknowledge of which now deters and restrains him." What, then, is the nature of that supposed obligation, by virtue of which, in the event of detection, or in cases of bargain or collusion, the adulterer is to come to this bar by counsel for the adultress, to act the part of a defendant smarting under penal damages, in order to forward the divorce bill, which is to enable him to marry the adultress, and honourably to share her dishonour? The mere statement of the question shows the corrupt nature of the transaction, which is weakly defended by unsound reasonings resulting from unsound reasonings. As to the adandoned seducers, and those who seek only to multiply the victims of their profligacy, I will rather trust to the chastisement of law than to the influence of fashion. But, admitting that there may exist in the breast of others that anomalous sort of honour which is here adduced, that non-descript plant in the pleasure garden of modern morality, I should infer, that a man possessing sentiments which have a relish of honour, would rather be deterred than encouraged by the reflection that he can no longer make any reparation. Is it not this hopelessness of marriage, the honourable necessity of which is not extended by the fashion or practice of "this good-natured age" to the seducers of unmarried women; is it not this very hopelessness of all reparation which continues to make seductions so rare in that class of life, in which the seductions of married women are so frequent?

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But I cannot comprehend the sort of honour which would be influenced by the obligation contended for, and yet would proceed coolly and deliberately to debauch a married woman: to entail a sense of shame on her innocent children, to deprive them of their natural protection; to give offence and disgust to society; to rob a friend of his happiness; and to destroy the fair pride and domestic peace of a whole family. I cannot comprehend this strange casuistry, this sophistry of sin, as applied either to the woman, to whom the noble lords wish to secure the means of deriving benefit from her crime; or to her seducer, who is to be discouraged by the implied obligation which I have thus analyzed. In favour of

encouragement of a crime which they abhor. I have repeatedly explained that the subject of this bill (which I support, because I think it right, though it did not originate with me) was first brought into discussion by those whose arguments I have endeavoured to answer. Such is the wisdom of parliament, such are the right feelings of the public at large, that whatever may be proper to be done will be done at last, though temporary misconceptions may prevail. And here I submit the whole to that venerable bench, whose duty it is to maintain the purity of religion: to the great and learned characters, whose duty it is to maintain the purity of law; and to your lordships in general, who are interested and disposed to maintain the purity of married life, and of domestic happiness.

such doctrines I cannot, with my incompetent knowledge of the world, frame any argument which would not tend to bewilder my own understanding and the understanding of others, in a vain endeavour to palliate vice, and to countenance the vicious. It is a sort of threatening letter in behalf of crime, when we are informed, that, unless the seduced and seducer shall be permitted to have their vices of the precise colour and tint which they prefer, we must expect them to commit vices of a deeper dye and enormity. We cannot compromise with wickedness; all morality would be thrown off its hinges, if such arguments could be used with effect; they are of a nature to undermine the whole fabric of justice with respect every crime that can be committed. But the new clauses which I have this day introduced, will furnish the best answer to those who are apprehensive that the bill may operate as an encouragement to adultery. When your honourable men of gallantry shall have perused these clauses with attention; when they shall have well considered the impending prosecution and its consequences; when they shall see, fairly balanced, the different parts of the bill; I do not believe that they will feel themselves encouraged.

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My lords I really am ashamed to have dwelt so long upon a subject which is so clear and so plain in all its views and bearings. I have done so from respect for those from whom I differ. I have no want of a right charity in favour of the infirmities of our nature, on the other hand, I have no pretensions to enforce against those infirmities any strictness of correction beyond what is equally wished by the noble lords, who oppose me. We differ only as to the means and the necessity of employing them. I have little confidence in the accuracy of my own opinions; but certainly on this occasion I derive great confidence from the support with which I am honoured, and of which I should be unworthy, if I did not exert myself in a cause so supported. I now leave the bill to its fate, but with an opinion deeply rooted in my mind, that, if it should not ultimately be adopted, a severe and serious wound will be given to the good order and well being of society. And let me not be told by those who oppose the bill that I have placed them in a dilemma between the acceptance of a law which they disapprove, and the resulting

Lord Mulgrave said:-My lords; be fore I address your lordships in answer to the arguments urged in support of the bill, I feel it incumbent upon me to take some notice of the general style and tenour of those arguments, because they seem to imply an impression on the minds of the noble lords who adopt them, that all those who are adverse to the provisions of this bill must be protectors of vice and favourers of the crime of adultery. And although a noble baron has in terms admitted that it would ill become him to deny the same rectitude of intention to the opposers as that which distinguishes the supporters of the bill, yet even in the general tenour of his speech somewhat of the same impression manifests itself; else wherefore those trite and obvious censures of a crime, the immorality of which nobody palliates, the evil tendency of which nobody denies; wherefore that question of astonishment, "How can it happen that a body of men so constituted can exhibit a great schism and diversity of opinions respecting a question dependent on the evident and immutable principles of justice, morality, and religion;" but because the noble baron cannot separate a difference of opinion upon the wisdom of his proposed alteration of the law as it stands, and a difference upon the immutable principles of morality and religion? Indeed, the noble lord goes a little further in his implication when he speaks of a public depravity of morals, which may be imperceptible to the visual nerves of a chosen few, and no euphrasy or rue that he can administer will bring the object within their contem

plation." In support of this figure the noble lord reads to the House a long string of verses, containing, not only an exaggerated misrepresentation of the general morals of the country, but a coarse and unfounded libel on the dignity and conduct of this House. I give the noble lord credit for having been dazzled by the brilliant clothing of sonorous words, and misled by the favourite name of a distinguished poet, or he would not, I am convinced, have addressed to your lordships that which, if it should have been offered to the public in the plain shape of a prose paragraph, with no greater sanction than the name of a printer or publisher of a newspaper, would have brought the author to your lordships bar, and justly subjected him to a rigorous punishment for a gross and criminal misrepresentation of this House of Parliament. What, my lords, is it in these times, and in this parliament that we are to be told that "the senate seems convened for purposes of empire less, than to relieve the adultress from her bond?" Is it to a house of parliament, whose vigilant wisdom and dispassionate energy have been so constantly and so effectually exerted in contributing their full share to those greatest purposes of empire, the preservation of the state, the maintenance of the constitution, the support of his majesty's auspicious government, and the general security of the people, against the formidable attacks which have been made upon all those vital objects by the active principles and destructive machinations of foreign and domestic Jacobins, that such an imputation is to be applied? The other member of the poet's aspersion comes also but ill from the noble lord who brought in the bill, as addressed to the majority who have hitherto supported it; for they at least appear at all events, determined not to relieve the adultress from her bonds: and it is upon that point, and not upon the nature of the crime, that those who oppose the provisions of the bill as objectionable, are at issue with those who think them salu

tary.

My lords, I most cordially assent to the principle of the bill, and it is therefore that I object to the provisions of it; because they appear to me to counteract the professions of the preamble, and to usurp the title: the bill would be more properly described as an act for the more effectual promotion of adultery, and for

the better propagation of bastardy. I object to it, because it is the reverse of what every penal statute ought to be; it is impotent for prevention, but oppressive and impolitic in punishment. The principal ground upon which the supporters of the bill recommend the provisions against the marriage of the woman after divorce is, the assumed fact that a promise of marriage is the great means of seduction on the part of the man, and the principal inducement to the commission of the crime on the part of the woman. To justify a law pregnant with such evils, as I assert this bill to be, the ground on which it rests must be assumed not as partial and occasional, but as general at least, if not universal: such an assumption, however, in this instance, would be repugnant to reason, and contrary to all experience. It is reasonable to suppose that a seducer will commence his attacks upon the virtue of a woman of a cultivated mind, and in a respectable situation in life, with detailing to her the circumstances of disgrace and degradation which will be superadded to the shame of detection? Would it be consistent with common sense to hold forth the probability of that detection as the natural consequence of her compliance? He would be indeed a clumsy seducer who should submit to the consideration of a woman, in the first instance, the unequal balance between the measureless sacrifice he was urging her to make, and the poor, degraded, and secluded reparation which he could offer to her wounded reputation. Unfor tunately, the arts of seduction are too well understood, to be so conducted; less palpable and more ingenious modes are pursued: and I entertain too high an opinion of the delicacy of feeling, even of those unhappy victims amongst my country women who are artfully seduced from the paths of virtue, not to be convinced that such a broad and brutal proposal of speculative disgrace would be their best protection, and that they would spurn at the prospect with contempt and horror. Put the same supposition into a different line of seduction, and in a less cultivated and refined rank of female life, and the fallacy will be manifest of the only ground on which this bill can be instrumental to the prevention of the crime of adultery.

If I were to introduce to your lordships a bill for the suppression of the Magdalen Hospital, and to render all such institu

tions illegal in future; and if I were, in support of such a bill, to argue that the shocking depravity and disgusting misery of the swarm of unhappy prostitutes who infest our streets, had arisen entirely from that impolitic and over indulgent institution; if I were to state that idle and dissolute fellows made that retreat the means of seduction, by stating to the innocent girl whose virtue they were attempting, that although the act she was urged to commit would be followed by detection, by disgrace, by the loss of the esteem and acquaintance of all those with whom she had been accustomed to live, and by separation from her family for ever; yet that all this would be amply compensated by his having sufficient interest to obtain her a situation in the Magdalen Hospital, where she would learn an honest mode of gaining her livelihood, her character be retrieved, and that she might perhaps be even restored to her parents; and should I further argue, that he might with truth add, that this was no idle speculation, because near three thousand unhappy women had been retrieved from vice, and restored to honest industry by that institution; would any one of your lordships receive this argument as a sufficient ground on which to build a law for the suppression of that charity? Would any one of you believe that such an argument ever did, or ever could influence a woman the most ignorant and depraved, to sacrifice her chastity? And if the supposition be shocking and absurd in the less delicate and less refined class of females upon what ground of reason or common sense can we conclude it to be ordinary and habitual amongst those who have more enlarged ideas to guide them, greater and more apparent sacrifices to check and deter them? I confess I cannot discover any difference in the two cases; and I do not believe that, in any instance, the prospect and intention of future marriage has preceded the seduction, or influenced the attachment of a married woman to her This conclusion, however, is denied by paramour. If, therefore, the mode of se- a right reverend prelate, and he has told duction be not such as the bill presumes, your lordships that there yet remains a it will not operate as a prevention, as far resource to the woman divorced for adul-' as it attaches upon the woman; but, on tery, to which she may look with confithe other hand, it will operate as an en-dence, if her subsequent conduct be decouragement to the crime, and as an act cent, reserved, and exemplary :-" The of indemnity to the unprincipled man of bill," says the right reverend prelate, intrigue, whose study and occupation are wisely and justly precludes the adultress principally engrossed by the arts and from contracting marriage with her parapractice of seduction. He will be re-mour; but there is nothing to preclude lieved from the impending dangers of her union with some third person, who [VOL. XXXV.] [S]

matrimony in the event of detection; the law will be his excuse for abandoning the woman on such an event; and the legal infliction of fine and imprisonment will be light in comparison of the penalty of matrimony, which they have now to apprehend from the tribunal of public opinion.

The effect of the law will be different with men of a different description. Many, who, urged by the violence of their passion, and a reprehensible attachment, have violated the laws of morality and religion by the crime of adultery, may notwithstanding have feelings of tenderness and sentiments of honour still remaining, which will naturally urge them to make every reparation in their power to the disgraced object of their illicit affection: marriage, as the law now stands, constitutes that reparation; and has, in fact uniformly operated a reformation of morals in the woman, and produced an exemplary wife, atoning (as far as atonement is possible) for her former crime, by a rigid propriety of conduct, and a ready submission to that exclusion from the gay circles of general society which her former misconduct has incurred. On the other hand, all those who have not been married to the man of their affections, for whom they have sacrificed their honour, have become the most dangerous and scandalous of prostitutes; dangerous from the advantages of polished education and elegant manners, which enables them to engage the attachment of young men first entering into life, to withdraw them from serious and honourable pursuits, and plunge them into dissipation and extravagance; and scandalous to public morals, by a bold and brilliant ostentation of affluent vice. The effect, therefore, of the bill, if it should not operate as a prevention of the crime of adultery (which I have already argued that it will not), must, in my conception, be, to add to the number of the latter description of women, by totally putting an end to the former.

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