LEGISLATIVE COUNCIL. Thursday,September 2,1847.

New Zealander, Volume 3, Issue 132, 4 September 1847, Page 3

LEGISLATIVE COUNCIL. Thursday, September 2, 1847.

MATTHEW WHYTLAW.

Present—The Governor, the Colonial Secretary, the Attorney General, the Colonial Tieasurer, Mr. Brow n, and Mr. Merriinau. The-Minutes of last ineeliug read and confirmed. | The Colonial Treasurer presented two petitions, one from the Ministers and Office bearers of tbe Wesley an Church at Auckland, and the other from Matthew Whydaw, merchant, praying that the Marriage Bill might not be allowed to pas 6. The honourable member said, that as he concurred in the prayer of both petitions, he would move that they be read. Petitions read accordingly, and ordered to be printed.

To His Excellency the Governor of New Zealand, and the Members of thy Legislative Council, now assembled. This Memorial of the Ministers and Office-bearers of the Wesleyan Methodist Church, worshipping in Auckland, on behalf of the Wesleyan Methodist Churches and , Congregations in this Colony: Sheweth— 1. That the Ministers of .the Church to which they W.oug are allowed in England to perform the ceremony of Marriage, in virtue ot their Ordination, and without further authority from the civil power. 2. That a just concern for their privileges as a religious community, compels them to express itheir dissent from the principle on which the Marriage JJill, now before your honourable Council, is framed ; viz., That there exists a Religious Establishment in this colony. 3. They therefore pray that any Bill relating to the celebration of Marriage in this colony, that may be adopted by your Excellency in Council, may be framed on the principle of an ' Order in Council,' given by her Majesty the Queen, in September, 1838, for tho regulation of Marriages in the West India Colonies, and securing to all Christian denominations their just rights, as follows : — " It shall be lawful for any Minister of the Christian Religion, ordained or otherwise set apart to the Ministry of the Christian lleligion, according to the usage of the persuasion to whiph he may belong, "to publish banns, &c. &c &c." to which ■ document we beg to refer your honourable Council, And your Petitioners will ever pray, &c, THOS. UUDJ)LE, Wesleyan Minister, and Others.

Unto' His Excellency the Governor of New Zealand, and the Members of <the ' Legislative Council, now Assembled. i This Memorial of the undersigned, Matthew I Whytlaw, Merchant, residing. in Aucklund^-most , jrespectfully.shcweth ;•«- j That your Memorialist .has observed with , surprise j .and concern, that a Bill has been introduced , to the) Council, for regulating the law of Marriage ia New '

Zealand; in .which the principle is laid down, that one denomination of Christians should enjoy superior privileges to others, with refeience to solemnizing the rite of Marriage ; by which, not only Ministers of the Free Church of Scotland, of which your Memorialist is a member, who may reside in this colony, but those of other denominations than the united Churches of England and Ireland, will be deprived of the piivileges they enjoy in other Colonies, as well as in Great Britain. That as marriage involves in it not merely civil but religious obligations, which will be seriously affected by the said Bill, if passed into a law — your Memorialist humbly contends, that to legislate in any way with reference to the latter, belongs exclusively to the Church of Christ : and that this principle has been fully recognised in Ihe bill recently introduced to Parliament, to " Amend the Law of Scotland affecting the constitution of Marriage," where it is declared that registration, according to the previsions of an act passed in the same session of Parliament, " shall, of itself, constitute marriage," — leaving the religious rites and ceremonies to be performed according to the practices of the Christian Churches of " every sect or persuasion, by whatever name or denomination known." That your Memorialist is aware that a very large portion of the community are opposed to the principle of the said Bill, and that if time were given, would express dissent from it. May it therefore, please your Excellency and the honourable Council, not to pabs the said Bill into law, aud your Memorialist shall ever pray,