PROTEST AGAINST THE MARRIAGE BILL.

New Zealander, Volume 3, Issue 140, 2 October 1847, Page 3

PROTEST AGAINST THE MARRIAGE BILL.

I protest against the passing of the Marriage Bill now before the Council, upon the following grounds : — 1. Because it violates the principle of religious toleration, by giving to a few religious sects (named in the bill) the privilege of performing marriage ceremonies, which is denied to all other sects j— thus creating inviduous distinctions, and arrogating a right of judgment in matters of religious belief, which does not properly fall within the province of the Legislative Council, and cannot be exercised without injury to the community. 2. Because the bill takes away from certain sects, privileges which have already been conferred upon them by a former local ordinance (sess. 2, No. 11—1842), whereby marriages are permitted to be solemnized by *' any minister of any Christian denomination." 3. Because marriage— so far at least as the State is concerned— is merely a civil contract— and ought not to be interfered with, beyond the requiring of proper evidence of the existence of such a contract— and the ensuring of due deliberation and public notification before marriage is entered into— requirements which never have been, nor can be objected to by any person or class of person? ; — whereas the present bill, without attaining or seeking additional security or advantages in these respects, is calculated to stir up religious animosities, without any good purpose to be served thereby. I further protest against the passing of this bill, in so far ai it prohibits all persons from marrying under 21 years of age, unless with the previous consent of parents or guardians. 1. Because the liberty of marrying, without such consent, now exists in this colony without any bad effects arising therefrom, and therefore ought not to be interfeied with. 2. Because such a liberty is the recognised legal right of a large poition of this communily—(Scotchman)— • it is not found productive of bad consequences in their country — and ought not therefore to be denied to them here, without some evidence of a necessity or propriety for so doing. 3. Such a restraint on marriage (if useful in England) is altogether inadapted to the circumstances of this colony— by reason of an earlier maturity here— and power of acquiring a subsistence and independence, and by the absence of that wealth which, to a certain extent, haf given rise to »he law in an old country, requiring the consent of parents to the marriage of their children under the age of 21 years. ' 4. Such restraints leads directly to immorality, by preventing young people from obtaining a legal marriage and an honorable status in society — thereby forcing them into clandestine marriage or dishonorable connections. Besides the restraint in question has a tendency to produce ill feeling in families by giving a legal right to parents to compel that obedience which ought to rest upon natural affection and moral suasion alone. Lastly— Because the Legislation, on the subject of marriage, ought to be based upon such. broad and obvious principle! of justice and. impartiality to all classes, so as to prevent the necessity of amending th» law at intervals, as other religious sects may ipring up and acquire sufficient influence and power to press their just claimi upon the government. ■

Independent of the obvious policy of founding all the laws of this Colony upon such general principles of justice and impartiality, there is a particular necessity for doing so in the present circumstances of the Colony, in the anticipation of its being separated, very soon, into distinct pi evinces, possessing separate Legislatures— whefein all laws not based upuli such principles of general application, will be subjected to discussion and amendment; and as the present measure is liable to the objections already pointed out, it ought uot to be passed, if" it is deemed a matter of any moment to preserve the same laws in the two provinces. And I have to request that this Protest may be inserted in the Minutes of Council, and a copy thereof forwarded to the Right Honourable the Secretary of State for the Colonies, for the consideration oi Her Majesty's Government. Wm. BROWN, Member of the Legislative Council. September 28, 1847. Council adjourned until Thursday.