It is a point on which the most eminent lawyers of
the present day are by no means agreed. The spirit of the clause in that
bill undoubtedly was, that no apparent or presumptive heirs to the crown
should form a matrimonial connection with any one who should own
allegiance to a foreign power, and that spirit was manifestly
disregarded if a prince married a Roman Catholic lady, even though a
subsequent law had enacted a conditional invalidity of such a marriage.
We may find an analogy to such a case in instances where a man has
abducted a minor, and induced her to contract a marriage with himself.
The lady may not have been reluctant; but the marriage has been
annulled, and the husband has been criminally prosecuted, the nullity of
the marriage not availing to save him from conviction and punishment. A
bigamous marriage is invalid, but the bigamist is punished. And, apart
from any purely legal consideration, it may be thought that public
policy forbids such a construction of law as would make the illegality
or invalidity of an act (and all illegal acts must be more or less
invalid) such a protection to the wrong-doer as would screen him from
punishment.
Whatever may be the judgment formed on the legal aspect and merits of
the case, the conduct of the Prince could not fail to give the great
body of the people, justly jealous at all times of their national
adherence to truthfulness and honesty, a most unfavorable impression of
his character.
Pages:
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223