BLACKWOOD'S
EDINBURGH MAGAZINE.

CONTENTS.

EDINBURGH:
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BLACKWOOD'S
EDINBURGH MAGAZINE.

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and form of religious faith, that we believed this ill-advised attempt, once arrested in its progress, would be finally withdrawn.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.