The New Zealander.

New Zealander, Volume 5, Issue 373, 10 November 1849, Page 2

The New Zealander.

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SATURDAY, NOVEMBER 10, 184 9.

Earl G rey's despatch for " allaying apprehen«ion" respecting the dreaded importation of convicts into New Zealand, is rather satisfactory as an assurance that the threatened evil is completely and finally averted, than calculated to elevate the noble writer himself in public estimation. It is characterised less by the calm self-possession which results from a soundly considered and consistent policy, than -the pectur<be.d anxiety of one who is conscious of .baring got into a difficulty, and is struggling to g«t out of it as speedily and .easily as he can. A historical t account of previous occurrences was not called for in such a docujpent as this ; and, if introduced at all, should have been given more fully and accurately, especially as regards the experiment of sending the Pjiikhurst boys here — an experiment which our readers well know turned out far move unfavourably to the scheme than the despatch tyould lead the public to suppose ; for although some of the convict boys did " give satisfaction to their jnastejs," such cases constituted ,the exception, while the reverse was the rule. But it was not what Lord Stanley djd in XSl2,or what Mr. Gladstone wrote in 1846, or what Lord Grky himself meditated in 1847, that required explanation vowj — the point really was in relation to the despatch of the 7th of August, JBlB, jn which his Lordship piOjpojed ito the .cojonists of New Zea- ] d an — ( VV e say to the Colonists, for, first and Jast, he has not appeared to regard the interests of the Natives as wotth a' thought in the matter) — that "con-, viefs with tickets of leave and conditional pardons" should be introduced among theuu His mode of meeting this is to resolve ttyi whole transaction into an evidence of the watchfulness of Jm paternal care for our welfare, and the tenderness of hif almost maternal •olicitude Jpt our fed ings should be hurt by

any apparent neglect. " Gentlemen," his Lordship in ■übstance says, " when I wai arranging my plans for dispersing convicts over as many colonies as possible, I might no doubt have set New Zealand a?ide altogether, on the ground of Lord Noruanuy'b pledge that convicts should never be sent there ; but I had too lively a regard for your interests to preclude you from participation in the Advantages of felon labour, which some other colonists are so glad to secure ; and I was afraid that you would think yourselves slighted if I did not manifest my kind attention by giving you the option of having such an interesting addftjon to your population." Heggars that we are, we are poor jtrm thaijks for tjjjs kindness. Jngrates that w,e are, we have no very oppressive sense of obligation to the Colonial Office in the matter. We could have endured the slight of not being invited to receive " Exiles" with an equanimity and good temper that tvould have been quite exemplary. What will his lordship think of pur ingratitude when he finds that we have not only tieated this proposition so cavalierly, but that we have not even grace enough to be thankful for the pen-sioner-immigration scheme— nay, that the more we know of it, the worse ye think of it. We humbly advjlse Lord Ghey to persevere and b« diligent in his study of the newspapers — (not confining hjs reading, however, to the New Zealand Journal, which w/s arje not always I willing to avouch as an exponent of our sentiments) ; an,d he may, in process of time, learn that there ar# Wthiu his reach better ways of winning our confidence and commanding our gratitude than sending us ship-load gifts of convict labourers, .gr even of pen-sioner-immigrants. At all events, the convicj question is " quieted :" we shall hear no more proposals or threats on ,th« subject. We congratulate our fellow-colonigts on this consummation.— The movement against thte introduction of criminals here was based on principle, and deserved to succeed, and although political feelings in some instances were mixed up in it, it was conducted mainly ou grounds befitting moral, thoughtful, and patriotic men.— - Had the proposal been carried into effect, Government faith would have been flagrantly violated, and Government honor thereby deeply stained ; and unless something approaching to a miracle had been interposed to control the result, a wide-spread and abiding curse would have been inflicted on the colony, and especially on the Aboriginal inhabitants. While then we smile at much of this notable '• allaying -apprehension Despatch," we cannot but regard the conclusion which it declares as affording just matter pf general congratulation.

Although factious agitatioii for merely party or personal objects is undoubtedly one of the greatest evil? which can mar the .peace and impede the progress of a country — especially ; of a young and struggling colony like ours, — constitutional and temperately conducted agitation for the removal of real grievance* it | always salutary, and. under free political in stitutions, such as the British, icarcely ever fails of success. The recent movements to procure i an alteration of the Marriage Law, were, ge j nerally speaking, undeniably of tbi9 latter character, and their effect is -to be fouud in the proposition of the Marriage Amendment Ordinance, the draft of which lately appeared iii the Government Gatettc, and vras copied into the i New Ztalander of the 3rd inst. Weieel warranted in thus speaking of the proposition as resulting from .those movements, for, however fully the Government may have been convinced of the validity of the objections urged against the Ordinance, Session 8, No. 7, and however ■incertly it may have been disposed to obviate them, we cannot but believe that su-cJi a conviction has been deepened, and such a disposition quickened into more speedy and efficient action by the demonstration 01 public opinion which they presented. Whatever may have been stored up for us in the treasury of good intentions, \ve more than doubt whether the question would as yet have stood upon the improved footing which it now occupies, were it hot for the public meeting, and the memorials, and other representations addressed to the Governor and the Legislative Council in July and August last. Viewing the s,oheftie of legislation .before #s as the practical response to .the call then made, we think that the fairest way to test its worth is to compare it with the existing Ordinance on those points which were specifically brought forward, not only in the more restricted petitions from separate classes, but especially in that which emanated from an assembly of the public at large, and was signed by persons of all classes and denominations in the community. If it satisfactorily meets the case, as there stated, the memorialists have thus far accomplished their object, and the Government has thus far honourably redeemed its pledge on the occasion. Now, in our judgme»t,-rtaking it on the whole, and subject to an exception to which we shall presently adverfr-i-jt does substantially meet it. It will be remembered that the general Petition to which we refer, stated as the mjiin objection to the Ordiuance, that it " confers upon Ministers connected with the Churches of England and Rome exclusive powers to gr»nt licenses for Marriages, ou account of their

ecclesiastical position and relations," and advanced at its leading principles " that such privileges, in a matter in which all were equally interested, should not be restricted to two particular sections of the Christian com* munity." It, moreover, named two classes (the Scotch Presbyterian iettlers, and the Wesleyan Methodists) who, " besides bearing their full share in the general hardships inflicted by the Ordinance, were especially aggrieved by it." The comprehensive and catholic concluding prayer was, " that such alterations may be made as will remove the grounds of complaint stated it) (the premises, by extending to the other religious Bodies who are, or may be ia the colony, the same rights and privileges in all matters and arrangements pertaining to the celebration of Marriage, which are now granted to the Church of England and the Church of Rome." Let us see, then, how far this claim for equality amongst the religious Bodies in the celebration of Marriage will be satisfied, should the Law be fixed as is proposed by the two Ordinances. The members of the Churches of England and Rome may be regarded as out of the question in this view. They have throughout had nothing to complain of ; on the contrary, they have enjoyed ample privileges, and those privileges will still remain untouched in everything but the^r exciusiveness. The J evvs and Quakers are also specially provided for by the 45th clause, and need not be further re* ferred to here. The Wesleyans and Presbyterians will, under the new plan, be fully relieved from the necessity of applying to the Registrar or to a minister out of their own denominations, in order to marriage. The (general) Superintendent of Wesleyan Mis* sions and the Moderators of the Presbytery of the Church of Scotland and of the Free Church of Scotland, respectively, will be authorised not only themselves to grant for Maniage without publication of Banns, to be celebrated agreeably to their own usages, but also to authorise others to grant them. In the latter cases, it will be observed, the delegated authority is to be derived not from the Civil Magiitrate, but from the recognised Chief tyinis^ers of the respective .churches. But although the four classes (of Episcopalians, Presbyterians, Wesleyans and Romanists) comprehend the vast bulk of our population, there are considerable, .though as yet comparatively small, numbers of Independents, Baptists, and other respectable religionists who have a clear right to be placed upon the same level with their fellow-colonists. To meet tkeir cases, 10 far as circumstances admit, two arrangements are to be made: \, Any Minister who chall have been lor twelve months in charge of a €hsiitian congrega--tion of forty householders " may require to be entered as an officiating Minister" — the Re-gistrar-General having no power to refuse to do so, and the Executive Government no right of interference one way or the other ; and 2, In order to meet the possible or probable cases of Ministers, in every respect unexceptionable and trustworthy, but with congregations of , lew than forty householders, or not having resided in the colony so long as the specified , term of a year, the governor will be empow- , ered at his discretion to direct that such Ministers shaiU be placed on the IJegistrarnQenenil's list. Nothing is #ec,essary therefore to enable any Christian Minister whoie case is not otherwise provided for, to participate in the privileges of the Ordinance, than to adduce such proof as will satisfy the Governor that he may safely and properly be -entrusted with power to give legal validity — (for with the purely religious concerns of Marriage there is no meddling here on the part of the State) — to one of the most important of civil contracts. Under one or another of these enactments, all, or nearly all, those who regard Marriage as not only a secular but a religious engagement, can, mor % e or less directly and conveniently, come in. As, however, there unhappily are some who would wholly exclude religion from this — one of the most solemn acts of li,(e — the Ordinance is liberal enough to pro» vide for them also. Socialists, Atheists, and unbelievers of all grades and classes may be legally united at the Registrar's office, without being incommoded by any spiritual service, or encumbered by the presence or offices of any .Minister of the Being Whose sanction and blessing they do not care to invoke. Thus, taking the existing Ordinance and the contemplated amendments connectedly, it must, we think, be cleat to all who impartially look into the subject, that the principal grievance complained of in the Petition will be removed. We hinted above, however, that there is a verbal exception, if no more, by which we must qualify the expression of general approbation. While the other religious bodies are designated " Churcltcs," the Wesleyan body is designated " Society, 1 ' We are aware that this was the title which it originally assumed, when its founder neither intended nor desired separation from the Establish^ Church ; but the course of subsequent eve/its led to an enlargement and completion o/ its ecclesiastical constitution, so as to place it formally amongst the non-conforming Qhurches of England, with whjch it now takes its stand, claiming for itself in its official publications the title of " Church," as well as the real possession of all the essentials of a Church •» defined in the

1 9th Article of the Church of tfrtgtand. The matter may be deemed a very small one : —if so, we think it should be conceded to the opinions (call them prejudices if you will), of those who object to this difference in the* no-> menclature of the Bodies. The term "Society" however inoffensive in itself, becomes objectionable when it makes, (or is supposed by any to make), an invidious distinction. We hope, (indeed we have good reason to believe) that this wall of partition will not be defended. The question — (involving as it must, principles in which all the other non-comforming Churches are fully as much concerned as the Wesley ans,) — would not improbably force on a controversy which we should siucerelWeprecate, even though we might feel it our' duty to take some part in it. We have heard it objected to the proposed Law that it invades the rights of the Christian Ministry. Until those who think so show how it does this, we must retain our present opinion, which is, that its regulations do not overstep the due limits of the State's jurisdiction — unless, indeed, the functions of the Magistrate in relation to the Marriage contract are tQ be wholly reduced to a nullity or a mockery. If those who entertain the objection are not willing to go this length, they are in all fairness bound to present for examination some outline of a scheme less Erastiau thau than that with which they fiud fault,

Clkansing of New Zealand Flax. — We have seen a model of the simple but ingenious machine invented by Mr. Holman for the purpose of cleansing the Phormium Tenax, of which ?n account (written by himself) appeared in our last. It is open fur genera} view at Mr. Robertsons, 41bert-?trget, ajid i? well wojth a visit.

D». Maijox, uv the $mv Zkam.md Fewcibliu. —Sir QiJb rt IfUne'a gold medal (for Nfedj^al Qificcra pf tbeNarj who may hate dittiugut hid themsclrci in the .ci«rci»« *f th^ir profetsiou, m •▼meed by the correct and •cientific record of canes in their Journals) hit be«n awarded for this ya«r to Ur. H. W. Mahoi», Sur^eoi>, Uojral Nary. teinp»ranl; attached to tU Ne v JFencibl««, for the ma«t approved Medical J-urnal of lai Practice whiUt Surgcoo of U. M. 8. Samurang in 1845.