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to bribeyit mil be as difficult to keep the two apacfc a&M "they were Eyraums and Thiabe . S& ? William Molesworth can only argue thai th ^ collective bribery , more precarious fchafc the individual bribery , will be opea to large capitalists aloaev and wijl be less inviting fckan tire present plan . It may have that fceitidency , but it may also set going a new syatem of Tinderstaaadings , and may open to the invention of the cleverest political elass in thecountry new plans for arranging : the *
electiofffi of Bftembeua-with money in . their purses . If the body politic is corrapt , the product of that tody politic -will be corrupt ; if the dasa-which furoishea candidates is . wil 3 ing t *> 3 > usehft 80 seats by a ^ eeies- of politick smug- ' ^ j lirig ' , tb « a at all events therfe is a matffcet for ihe illicit aale of « eata . If the electoral class js-coarrupt , there is no reason why the electoral -daas should not be Tepreseoted by ^ sorrup t members . To prevent it by caetigatk > n or « eeresyvmll' be i&eifectu&L There are * j&oX fl iiwo , methods of euriiigsueh a condition of the body politic , ^ hoe i » , by infusing healthier JfVUIhdffc « l .. tfl mm It'iil I llW ' afl It T \ AJsAtlA W ^ JVS * TlA . >^ 7 rw «> k ^ L ^ .. &l * ** » mvavdtc majj Lfv ? vivww ?
c jkF&vn * Wj |>« unfc' vu « v ^ n u ^ ^^ vuc ' other by setting an example , making a com- ; j nenoemWt j in letwrning to ^^ a more patriotic : ton © = of mbral feeling . , It is assumed in--deedj , nritih' the gTosseat injaiatice , that the ¦ n « fi ^ 4 aHiMHi ^^ iB ^ y ^ ipvi » a * frr < v « lfl not diflfer "from the ren&uacliiBed , Aoi that they would be a ^ open *<* bribery * Even : if it were so , fehOr ^ Aiffictd < Jy of tho briber would be increased byrextendin ^ the field of bribery . The man wJ ^ aifiii&lit , ^^ n&d' > ilTfaiUnSusiilt > to furocuce * the money Jfrr jpmv
TfthramgHtfiFen ^ fehdiifwnd . Bufcthere is , indeed , nofrthe ^ flligbtetfit proof thiatihe ^ unenfraiichised > elase share the corruption of the electoral classv 33 iey are upon * he whole infinitely less ^ comaseeeia ]^ and io uoi , to so great an eitent ^ partici pate in the -vices of the trading spirit . { 3 ? hey hasp * tproyect on numberless occasions a greater-poetical sagacity , which is id itself » con 5 ecfcive of iowr vice ; bub-also a mace ipatriotic and generous regard for public interesfcB above their ovm . There is a &r
greater prrobabilifcy of purifying the elected body by infusing new blood aato the electoral body . While-therfranchise is a trust , as Lord Palmerston calls it ,- —a privilege as the electors : caH it , it ^ possesses a marketable value . Uender it general , and by the very act the exercise of the franchise becomes in itself a national and not a class business . We heairtil y agree wibb , Sir "William Moleeworth , therefore , that the argument of Lord Palmerston is impotent , except as a strong argument , drawn from the practical state of things , in favour of a national franchise .
The claim for the ballot , however , rests upon two grounds , which we regard as perfectly iuuesistiblei In the first place , we have great respect for those " reformers whose only reluctance to adopt a national franchise originates with tdmidity , who desire to reform % degrees , but wish to exhaust remedial measures before taking 4 hat laat step . We hare respect for them , because amongst them are many who have really acted with a perfectly single mind , disinterestedly and bravely , at a time when it wlis not easy to be either disinterested or brave . The ballot ia
the last quiver in their arrow , and \ re would willingly let them have ifca flight . It is the last attempt to remedy the evils of the present electoral system , without fundamentally altering that system . Lot it be tried . But there is another reason still more conclusive —the electoral classes wish to have the
ballot , and tho ' unenfranchised classes also wish to have it . This is quite sufficient . One speaker said that tho only ground for conceding a measure of the kind would be its tendency to elevate tho people ; hut we conceive that tho people themselves must bo judges of their own self-elevation . The
multitude , whether enfranchised of unenfranchised , desire the ballot ; and there is no reason for refusing compliance with their desire except the naked fact that the multitude retain , in their hands neither influence nor power to enforce their wish . A . disr > armed and disfranchised people * the ^ English public must suffer its will to go for nothing ; and the Home Secretary can dismiss one of the moat distinct claims ever pub forth by the EfigMsh ipublie for arranging the- way of their own voting in the manner that they yneh themselves , with a jaunty tissue elf transparent sophistries .
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TSHE © IVORGE DJ 2 BATE . Ix * foolisbztssa were not vary hard of dymg , we anight reckon that eooiparativaely few years will pass before the moralist will contrast our social condition in matrimonial affairs with the debate in the House of Lords on Tuesday last . Htmitrht b © supposed from _ " _ 90 _ . 49 _ X i .
tnat debate , perhaps , that the sole thing which haunts the marriage liome is the dearness of * he law proceedings connected with divdrce , or th » cttmbeasooie and exclusive natufe ^ of theju ^ iBdictaion ; that , at all events , the ' first wanty . according to ^ the Lord Chan * cellor and the Beexs who debated on both
mdes , is atbetter procedure at law in matters of divorce . Not an . ex £ eBsiDn < of the divorce law ; no , that is left exactly as it was . . Dtaroree is to be gtoated for one cause-alone , * as if these © were- only one cause which rendered it just and necessary . The future student of our social morals who shall choose to look back upon the ugly picture , , willibe surprised to see us surrounded by causes which render the 4 wartikiuan « e of the
marriage bond an outrage oo . common justice and decency , . and yet' to discover that we , in the midst of it all , ' could see one alone . That we are blind is not bjecause the causes are invisible r some'of them are flagrant in the police records of ? the- day , in ; many forms of aifcrocious ctrueli ^; but , passing , from the police courts to the marriage courts , our'Studentwill learn that treatment which makes the blood run cold
with horror at the mere story , is refined down in the statements of civilians until * they have great difficulty ia retaining a perception of cruelty at all . The most revolting excess of brutality may not amount to Xl legal cruelty . " In these courts they do not discuss questions between man and man , or man and woman , with the living creatures before them ; they only in part discuss the question with their own living tongues . In a corresponding
spirit , they treat the coses not as matters upon which the tranquillity , and the welfare , and the life of their fellow-creatures hang , iDut as abstractions depending entirelyupon mere technical or philological constructions of ancient books and almost as antiquated judgments . It is the studvr of the profession to exclude the sens < 3 of the feelings—which are the very life and Bubstanee of the matter in question ; they oarry on great portion of each discussion b v sitting apart and writing
quaint articles to each other . If you see a case proceeding in . a court of law , —where the parties are brought forward ,- —wherewitnessea tell their feelings as well as the facts , —where judge and jury cannot help themselves from laughing or from weeping , —you will see that with much absurdity , much technical perversity , much denial of justice , still , in the main , the strong feelings of our naiture have their sway , or if they are thwarted , the law that tliwarbs them at least extorts its own
amendment . Put the man and woman into the marriage court , —let the lawyers talk about them like men as well as antiquurianB ,
and something of tbe flesh and blood © f tike matter will be taken into the account of gus * tiee ; and law will begin to perceive , after its long dream over the pandects , that warily there are things to be consulted bosides antique texts , or tbo ^ unintelligible usages of obscure courts . The smallest approach towards reetkig th © judgment of this question upon reafitiea , rather than abstractions and assumptions , is
a genuine step towards a more searching reform . At present the lawyers lo © k not at the TeaJiities , but at the facts generally re * fleeted find : studiously distorted in a medisBval mirror .. Society itself breaks the \ mr by wholesale , and breaks it with impunity , so long as it manages to keep outside of the ^ Kcospeet which that mirror * t&kes in . A man may be < aB brutal as he pleases , -until he com * mi&s legal cruelty—cruelty that is which caa
be reflected in the mediaeval mirror . He may be totally faithless to the law of marriage , and we suppose that a large proportion of husbands are so ; but if his wife breaks the law in one particular manner , then , and thea alone , the penalty descends not upon hius , but upon her . We have been accosed of exaggerating thecaae of infraction , but let us point to the argument agamst relaxtti ^ the strictness of the divorce law ; which wa »^ used by ILordi Ohancelor ^ ranworth .
< m& ( ba& nc » t proposed ^ cdmmiBsicwxeTs-liaa not recommended , that the wife should have thesarae remedy on account of the adultery of the husband as was ^ iven to the busband pa account of the adultery of th « wife EEe knew tha * primft facie tTife seemed a tery unjust distinction , but let lihelrlordships observe what it would lead to if adultery < on the part of the blisbftnd were to eptitle 3 um > to a divorce . If he wished to obtain a divorc ^ he would
only have to multiply acts of adultery ja order to attain bis object . It was the fact that a husband scarcely lost caste at all , or , at any rate , only to a very slight degree , l ) y committing adidtery , while i&ie wife whacommitted that offence entirely lost her station in sopiety , and , although in point of morality and religion , the criminalfcy were the same , if adultery on the part of the linsband was made the ground of divorce a profligate husband might get lid of his wife when he pleased . "
So Lord Chancellor Cranworth objects to dissolve the bon . d of marriage , if the bosband commit the same offence as that which annuls the marriage for a wife , because the offence is so common that it ceases to be regarded as an offence , and lie dares not trust men with the opportunity of committing it in order to escape trom their obligation . We hear sometimes t > f men who publicly commit
a larceny or an assault , in . order to get into prison , that they may be saved from starvation ; but nobody proposes to shut the doous of prisons , lest starving men should enter in such numbers as to constitute themselves a burden on the state . Yet so it is with husbands at large . Lord Craaworth tells us so . ; and as to women—look at our streets , look down the areas of our houses : let us recollect
that in practice and in fact ,, among the customs of our country , marriage appears to have as its accompaniment and complement thaffc hideous institute called " prostitution . " In marriage-law affairs half of our practice consists in . the flagrant breach of the law , and the other half in a very indifferent attainment of its genuine objects .
It is on the ruass of presumption and indirect legislation , which compose the larger half of the law , that tho hardship and mischief of the present law rest . In past times , when views of morality werfc totally different from our own , men presumed thab certain things were necessary to proper conduct iav life . The men ^ ho laid down those regulations could not obtain obedience in thenown day ; but , by one of" the strangest perversities in our social hitstory , fcUoy havo handod down the impracticable morals of fcho middle ages to secure obedience at a time when the grounds of those rules a » c denied .
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¦* mm THE LEADER . LS * tu * i * a y >
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* In tliifl paper , a « in others , wo shall utmally employ tho word "divorce" to moan divorco A vinculo malrivwnii —• release from tho bond of marriage ; mid " separation" for tho divorce k mensd et thoro—divorce from bed and bourd .
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Citation
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Leader (1850-1860), June 17, 1854, page 566, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2043/page/14/
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