The New-Zealander.

New Zealander, Volume 5, Issue 346, 25 August 1849, Page 2

The New-Zealander.

Be just and fear not: Let all the ends thon aims't at, be thy Country's, Thy (iod's, and Truth's.

SATURDAY, AUGUST 25,1849.

Our Summary of the proceedings in Council during the last two days may be brief, as they consisted chiefly of details which will be best understood by a perusal of our regular Report. A Memorial was presented on Thursday from a number of Native Chiefs, addressed to " The Governor-in-Chief and the Meeting of Eldeis at Auckland," — (" with the aged is. or should be, wisdom") — praying to be allowed to dispose of their lands to the white people. We believe that the original Maori was really -written by aa educated Native, and have little doubt that on the land question it spoke the genuine sentiments of those who signed it ; but the internal evidence furnished by several sentences is quite sufficient, we think, to affiliate them on European advisers. The Estimates were finally settled, the Appropriation Bill being read a third time and passed. The Crown Lands Bill was read a third time and passed. The Crown Titles Bill was reconsidered in committee, both on Thursday and yesterday. In addition to various verbal alterations, the blanks for dates were filled up, and it was agreed that the sth clause should be so modified as to enact that the block selected by claimants, under its provisions, shall be as nearly as may be convenient of a rectangular figure, and that its frontage shall not be more than one half its depth. The last clause (postponing the operation of the Bill until the Royal assent should be notified,) was wholly struck out on Thursday ; but yesterday it was determined that grants which had been made without investigation of the claim by a Commissioner, or against, or in excess of, the report of a Commissioner, should not fee included amongst those settled by the measure, until the Ordinance shall have been confirmed by the Queen. It was agreed, however, (on the judicious suggestion of Mr. Barstow,) that Grantees in the last named class,— viz. such as have obtained by Giant more land than the Commissioner had declared them entitled to, — may, if they choose, obtain the benefits of the Ordinance, by relinquishing the portion granted to them in excess of what the Commissioner reported as their right The third reading of the Bill stands for this day. Mr. Polack's claim came under discussion a»ain, that gentleman having written to state that he was ready to adduce evidence of the accuracy of his statements, which had been denied by Colonel Hulme. A motion, by the Governor, that he be heaid at the bar, was rejected by an unanimous vote of all the members. On public grounds, wholly irrespective of the merits or demerits of this particular case, we could wish that the decision had been different. It is scarcely in accordance with the generally received notions of justice to refuse to hear proffered evidence in suppoit of a claim which had at least sufficient plausibility to induce the Secretary of State to recommend it to the attention of the Council. We repeat, however, we make this remark on the abstract point, without touching the question whether Mr.Polack should get compensation or not.

The Pension Bill (with the very proper addition of a provision empowering the Government to strike off the list any pensioners who may be guilty of gross misconduct) was read a third time and passed. A Memorial was presented yesterday from Mr. Ednaid Meurant, complaining that a great part (20 acres out of 30) of a piece of land conveyed to him as a marriage poition with his wife — a Maori — had been taken fiora him by Government, on the plea, it would appear, that when the native woman married, the land became the property of her husband ; and, that the Maori title being thus extinguished, and the husband having no Crown Grant, it was liable to be taken as demesne land of the Crown. — The Petitioner urged that if such a principle were adopted, it would be more advantageous for native women, in a temporal point of view, to live in concubinage with Europeans than to marry them, and that the case in fact involved the interests of the whole race of halfcaste children, who might on similar grounds be deprived of their maternal heritages. Ade • bate arose on the motion that the Memoiial be printed ; (it would, we think, have been technically more in place on the question of its reception, which had been previously agreed to.) It was contended that if the Council were to enter on the investigation of Mr. Meurant's land claim, it would be usurpingthe functions of the Supreme Court ; and, morever, that this memorial was particularly objectionable, as it charged a Government officer (not named) with having taken from a messenger and suppressed, a letter on the subject written by the petitioner. Ultimately the motion for printing the memorial ■was negatived by a majority (including the Governor's own vote) of six to four. The numbers on the division would have been equal had the junior of the " Elders" remained of the same mind during the discussion, or known his own mind at the commencement of it ; but Mr. Kempthorne, who at first seemed eager to say something in favor of printing the memorial, afterwards judged it meet to take a different course. Silence would sometimes be safety. But tyros in statesmanship do not always appreciate the prudence of only speaking when they have something to say, or understand the practical wisdom of the pithy apothegm, "least said is soonest mended." Mr. JJarstow subsequently gave notice of his intention to move to-day that the Council should go into Committee on the memorial ; but at the suggestion of the Governor, it was agreed that the motion should be restricted to the question of the rights of half-caste children with respect to the property of their Maori parents — it being understood that the memorial should lie upon the table, to lie incidentally referred to if occasion should arise. To day's proceedings in Council promise to be interesting, including as they will the consideration of this question, the motion for the third reading of the Crown Titles Bill, and the presentation by the Governor of his written reply to the address on the subject of opening i up the country, by permitting the natives to lease their lands to European settlers. Thit reply was to have been presented yesterday, but his Excellency stated that he had not had time to prepare it.

The Resolution explanatory of the present position of the Marriage Ordinance question which was agreed to by the Committee appointed at the late Public Meeting, has been published by the " Southern Cross" as part of a leading article, and made the foundation of rather long editorial comment. To this we cannot object, as it was the course adopted by ourselves, and adopted as what we considered the best mode of calling attention to the import tjf the resolution, and promoting the immediate mitigation and the speedy and complete removal of the grievances imposed by the existing law on large classes of the community. We find, however, with regret, although, we must confess, without much surprise, that our contemporary takes advantage of the opportunity not merely to assail ourselves (which is a very small matter), but — what is of much more importance — to foster discord amongst those who have hitherto harmoniously, and, as we humbly think, effectively acted together on the subject. The arrangement proposed by Government, it will be remembered, is that, until it be possible to settle the question finally by a formal and complete establishment of equality amongst all religious denominations as respects the celebration of marriage, — that is until the assembling of the next General Legislative Council — the aggrieved denominations may be relieved from the pressure of the present restrictions by the appointment of their Ministers temporarily to the office of Deputy-Registrars. With reference to this we said — not " ex cathedra" but in the exercise of our undoubted right as public journalists to give free expression to our opinions on topics of public interest — " We see nothing "in it which any Minister need repudiate as lowering his dignity." Our contemporary is offended at this, and in a tone of grave rebuke admonishes us that we " had better let them (Ministers) decide for themselves." He then (we suppose to exemplify in his own style the modesty which he inculcates) proceeds thus in a passage which we quote in full as containing all of argument he has ad-

vanced. How little that all is, the reader can judge for himself. " We think," says our oracular contemporary, " there is not only much that is derogatory to ministerial dignity in the proposed expedient, hut that, as far as the principle of it is concerned, it is unqualified Erastianism. For a Minister — who in his ecclesiastical duties acknowledges no earthly lord — to accept from a Colonial Governor a civil office, in order that he may be qualified to discharge one of his minislei ial functions, would he irreconcileable with consistency." There is here a specious but totally deceptive confounding of things civil and things religious, which might lead us to suspect that the writer is one of the many who have become familiar with the term " Erastianism" through its constant use in the disputes which led to the recent disiuption of the Church of Scotland — without clearly understanding its meaning. We yield to none in determined hostility to the intrusion of the civil Power into matters properly spiritual ; but, we ask, where is there any such intrusion in the proposed expedient 1 The Minister is left to the free and unrestricted performance of all that is really religious in marriage, according to his own convictions, and the usages of his Church. He is not required to omit or alter one word of the ceremony ; for we hold that the declarations required by the 22nd clause of the Ordinance (although we are aware that they have been objected to) involve no interference with what is spiritual in the rite, and are only such as the State has a right to enjoin, if it has any right at all to legislate in relation to the marriage contract. The plan merely vests for the time a civil function in the officiating clergyman, in addition, but not in opposition, to his ecclesiastical functions, and we do not see any valid argument against his performance of that civil function which would not apply by a parity of reasoning to his engagement in any civil transaction whatever,that bore, even in the way of aid and encouragement, on the discharge of his ecclesiastical duties. Take, for example, the case of the registration of Baptisms. Is not the administration of the sacrament of Baptism far more strictly a spiritual service than the solemnization of Matrimony ? Is not the registration of a Baptism a civil act, connected chiefly, if not exclusively, with secular interests ? Is a Minister when he performs that act guilty of " unqualified Erastianism" ? If not, what is tliere in the duties he will be called upon to perform as Deputy-Registrar of marriages so essentially different as to alter the whole character of the transaction 1 ? If our contemporary should again address himself to this subject, perhaps he will be kind enough to answer these questions. Moreover, the Minister does not seek or ac- ' cept from the civil magistrate any " qualification" to " discharge one of his ministerial functions." He accepts from him simply a legal qualification to bring parties into circumstances in which they may, without let, hinderance, or violation of the law, avail themselves of the benefits of his properly ministerial office. It would help to elucidate the latter part of our contemporary's rather misty argument, if he would also inform his readers wherein there is any difference beyond one of degree, if there be even that, between the secularity of issuing a license, and the secularity of complying with the regulations to which the ministerial Deputy-Registrar of marriages will be expected to conform. And yet the primary de- i mand in the recent morement against the Mar- j riage Ordinance was, that Ministers of other denominations should have the same authority to grant licenses which it secures to the Ministers of the Anglican and Romish Churches. We decline to follow the " Southern Cross" into a discussion on the consistency or inconsistency, the " sincerity" or " duplicity" of the Governor and the Attorney-General in this matter. We are happy to feel that we can treat public questions on their own merits, without being either the implacahle assailants or the sycophantic eulogists of any individuals or any Government. It is not within our province, or within our power, to judge of men's motives or secret wishes ; and if we err in taking for granted that their dispositions and purposes are what they declare them to be, at least we err on the side of charity and of honourable dealing between man and man. — Were our contemporary as well able, as he is manifestly unable, to prove all he has alleged against the honesty and common veracity of the high officers to whom he refers, — what then 1 Why, — the Marriage Ordinance question so far as we are concerned, would remain precisely where it was. Our object in taking up the subject was not to erect a tribunal at which to investigate the personal character of our law-makers, but to render such aid as we could in obtaining for an aggrieved portion of the community an alteration of a partial and oppressive law. When that shall be accomplished, the one and simple end we proposed to ourselves will be gained. The concluding sentence of the article may require a word or two from us. Our contemporary, alluding to an observation made in this journal, says, " We positively deny the allegation that our [description of the interview between the Deputation and the Governor meets with no sympathy from the gentlemen who were present." Now, we may remark, the gentlemen referred to did not wait on the Go-

vernor as a Deputation, hut in compliance with his own express desire. Of the three — (for although a fourth was present he took little or no part in the conversation) — we know that two regarded our brief strictures on the tendency and tone of our contemporary's "description" as too lenient rather than too seveie ; and if the third gentleman now adopts the opinions and sympathises in the views advancedin the "Southern Cross," we can only say he has changed his mind since the day of the interview. But we cannot enlarge here without personal reference* which we are most reluctant to enter upon. — Indeed the interview altogether had so much moie of a private than of an official character, that we regard the publication of any of its details in a newspaper as little less than a breach of confidence, — for which we wish, emphatically to state, we are in no wise responsible.