The New-Zealander.

New Zealander, Volume 5, Issue 334, 28 July 1849, Page 2

The New-Zealander.

Be just and fear not: Let all the ends thou aims't at, be thy Country's, Thy God's, aud Truth's.

SATURDAY, JULY 28, 1849.

We, of course, have no means of knowing whether any alteration of the Marriage Ordinance for New Zealand is included in the Government programme for the approaching deliberations of the General Legislative Council ; but we earnestly desire that the Session may not be permitted to pass over without a modification of one portion of it, which we regard as glaringly unjust and impolitic in itself, and which, as we know from personal communication with various parties, is keenly felt and complained of as an oppressive and unmerited grievance by a. large number of persons whose

usual character is not that of " grievance-mon-gers 11 and murmurevs. We have heard several objections urged to the details of the Ordinance, but it is not our present puipose to discuss any of these. Some of them seem to us valid, others, we candidly say, rather fine-drawn and far-fetched. We are no advocates of laxity or latiludinarianism on this question. The evils resulting from clandestine and otherwise improper matrimonial connexions, and from disregard of the teachings of Scripture and experience in this matter, — (which however great at home would be likely to become yet greater and more extensive in a uew colony) — are stern and sad realities which we cannot disregard at the bidding either of a brain-sick sentimentalisrn babbling in the language of erotic novels and plays, or of a semi- infidel philosophy, undermining the bulwarks of our social constitution under the specious mask of enlarged liberality and philosophical enlightenment. As the formation of the marriage contract is in some respects the most important act of civil life, not only to the individuals primarily concerned but to others also, the State is bound to guard, as far as just legislation can reach, against such unions as would probably be productive of injury to its subjects. But, on the other hand, as it is an act with which are mingled strong emotions which in their due exercise should be respected and cherished,and which, when rightly entered on, should have the benediction of earth as it assuredly has that of Heaven, no unnecessary obstacle — no avoidable delay or hindrance— should be interposed to its accomplishment. In short we would array the maximum of stringency to which a Legislature may be warranted in going, against such alliances as ought to be prohibited, or postponed for the purpose of further investigation : — but, this being secured, we would have the minimum of State interference in everything else connected with the union ; no vexatious delay ; no imposition of a financial difficulty, no galling publicity ; no needless subjection to the caprice or convenience of any official j — in a word, nothing even annoying or disagreeable that could prudently be dispensed with. These are the principles liy which we should test the minor arrangements of the Ordinance were that our present object ; — but, as we have already said, it is not so. It would not militate against the views we now Avish to press upon consideration, were we to admit that the Ordinance is, in many or most of its details, the very perfection of legislative wisdom. The great and damning fault of the measure is that it has introduced and given legal subsistence and sanction to a religious disparity, the effect of which is to confer on two of the denominational bodies in the Colony powers and privileges, to the exclusive possession of which they have not a shadow of rightful claim ; and to depress other denominational bodies, in no wise less deserving of recognition and encouragement, into a position of inferiority which they must and do regard as an insult and a wrong. Passing by the forty -fifth clause in which provision is made for the valid solemnization of the marriages of Jews and Quakers according to their respective usages, we find in Schedule Ean enumeration of the " several bodies which, for the purposes of the Ordinance shall be deemed and taken to be Religious Bodies. 1 ' These are, " The United Church of England and Ireland ; The Church of Scotland ; The Free Church of Scotland ; All Presbyterian Congregations ; the Roman Catholic Church ; and The Wesleyan Methodist Society. 11 For our own purpose we may conveniently and more briefly classify them as the Episcopalian, the Presbyterian, the Roman Catholic, and the Wesleyan Churches. Here are four classes of religionists who are well known and long known in the Colony *• why should two be selected for especial favor in an enactment in which all are equally in • terested 1 What evil have the Wesleyans and Presbyterians done that they should not be permitted in such a matter as this to stand upon the same level with the Episcopalians and Romanists ? The Wesleyans have been amongst the earliest, most laborious, and most successful agents in. the diffusion of the blessings of Civilization and Christianity in New Zealand. In connexion with their Missionary operations large sums are yearly expended for the moral and religious benefit of both the Aborigines and the European inhabitants. Their numbers and general character also fairly entitle them to attention. The Presbyterian Church has a numerical and moral strength which is very considerable. We believe that their resident clergyman in Auckland can reckon up between two hundred and fifty and three hundred families within the district iof which he has oversight. It will not be af- | firmed, we presume, that the average of intelligence, morality, or loyalty to the Queen and her Representatives is so much lower in the Presbyterian and Wesleyan bodies than in the adherents of the Churches of England and Rome, as to justify their being legally marked with a brand of inferiority. And yet so it is in the Marriage Ordinance. Their Clergymen may not issue licenses to those who wish to be married according to the forms of their own Church, and are thus, so far as the Ordinance can effect it, lowered in their Ministerial office before the public, by being exhibited as men from whom the Government of their adopted country judges

it fitting to withhold privileges granted to others. The members of their Churches are compelled, if they would be married by their own Pastors, to pass through preliminaries which to say the least are tedious, irksome, and uncalledfor, and often are distressingly harassing, involving delay, publicity, expense, and (especially in the cases of parties residing in remote localities where there is no Deputy-llegistrar) serious difficulties and inconveniences, — all which the Law compels them to endure as the penalty for their conscientious attachment to Presbyterianism or Wesleyan-Methodism, in preference to Episcopalianism or Romanism. Why is this ? we again ask. If any particular section of the- Christian Church were established in the land, a reason — (a bad one, no doubt, but still a seeming reason) — might be assigned for it. But there is no Established Church in New Zealand ; and even if we were to concede that there ought to be one — (and we are not prepared to concede any such thing) — the erection of two, an Anglican and a Romish, would be an absurdity which we should smile at as grotesque, if it were not too grave a matter for pleasantry. That our representation of the actual operation of the Ordinance is not exaggerated, can be proved, if necessary, by entering into particular statements, and fortifying those statements by undeniable facts. Of this the Government here must he aware, as the subject has been repeatedly brought before them by Protest, Memorial, and in other ways. Every attempt to perpetuate the obnoxious clauses must bear legibly and broadly the stamp of intolerance; and must gradually combine into close co-operation against the^ measure, not only the parties more directly/affected by it, but also the friends of religious freedom and equality in other denominations. That there are many such we cannot doubt ; we should form a low estimate indeed of the members of the Churches favouied in this Ordinance, if we supposed them so illiberal as to grudge to their neighbours of other religious persuasions, a participation in equal rights and privileges with themselves on such a question as this. If we are not misinformed, the Ordinance may at present be said to be in a sense, in abeyance, not having formally received the Royal approval; a comprehensive Marriage Law, designed to be applicable to various other Colonies as well as New Zealand, being under the anxious consideration of the Home Government. If this be so, we urge no less decidedly on that account that, pending the 1 appearance of that measure, the offensive parts of the existing ordinance should be modified, so as to remove the deep and wide dissatisfaction which they have engendered, and which is likely to become only progressively stronger while they continue in force. We write thus in no sectarian spirit, and under no party influence. Were the positionsof parties reversed ; — were Presbyterians and Wesleyans placed over other communities instead of below them, we should, in the same unhesitating tone, proclaim the injustice of such legislation, and advocate equal rights and privileges for the depressed. The matter in question is important taken by itself, — but its importance becomes vastly augmented when it is viewed w&ageiminant principle of sectarian* ism and religious exclusiveism, which, if not checked in time, may yet bring forth controversies, contentions, and feuds permanently detrimental to the peace and welfare of the Colony. The Bodies who are aggrieved by the Marriage Ordinance, will have much and powerful sympathy, both here and at home, in their efforts to obtain religious equality on this point, if they should be obliged to " agitate" for it. But they are not usually public agitators, and we willingly anticipate that, so far as the Law of Marriage is concerned, they will be released from any temptation to become so, by a removal of the grievance against which they now so justly protest.