Friday, June 27th. Marriage Amendment Ordinance.—2nd Reading. [Reported by our Corespondent.]

New Zealander, Volume 7, Issue 555, 9 August 1851, Page 3

Friday, June 27th. Marriage Amendment Ordinance. — 2nd Reading. [Reported by our Co respondent.]

The Colonial Trpasurer (Mr. Petro), in moving the second reading of this bill, said, Ibat since the bill was laid upon the table, ho had mndo himself acquainted with the manner in which the t-übject had been dealt with by the Englibh Murrioge Act, and ho was sorry that the Colonial Oidinance, passed in 1847, had not been framed moro in accoi dance with the English law. In England, the Church or place was licensed; but in New Zealand it was the person or minister. But the point to which ho more particularly referred was the different effect given to Registration : in tho one case, the validity of the marriage was made to depend on the fact of Registration ; and in the other caso tho Registration wrts only the evidence of the marriage. He also thought that some of the clauses, giving to the Governor the power of enabling certain pennons to act as " Officiating Ministers," though they might not have a congrogation amounting to forty persona, wore objectionable, for he thought it would be going quite far enough to allow ministers of every denomination who might have a congregation of forty to act as " Officiating Ministers" under the provisions of the Ordinance; and that if a Minister had so small a congregation that it did not amount to that number, that lie ought not to be allowed to exercise the poweis granted to "Officiating Ministers" by tho Ordinance referred to. Any other observations ho might have to malce on the subject he would rosorvo for committoe, and, although he had these objections to the bill then before the Council, he would nevertheless move its second reading. The AnonNLY-GENr.itAi- of New Zealand had great pleasure in seconding tho motion ; and in doing so begged to bf» allowed to say a {e\v words in explanation of the circumstances which had led to the bill being introduced into tho present Council. About four years ago, an ordinance was passed for regulating marriages in the Colony of Now Zealand, having simply for its object tho prevention of hasty and clandestine marriages by persons under ago, without tho consent of their parents or guardians. It was found that the solemnization of marriage, according to the usages of the Chui dies of England atid Rome, and of the persons of the Jewish persuasion, and of the peoplo called Quakers, had for many years been conducted under a system which, as to England, was deemed by Parliament to afford sufficient safeguard against such secret marriages ; and therefore it had not been thought necessary to interfere with the ancient usages of those several communities — and the repieaentatives of those communities, in New Zealand, were accordingly leit, by the ordinance referred to, to continue in the use of them. But for all other religious denominations, who had no such established or recognised usages, one uniform system of marriage by licences to be granted by Registrars had been prescribed. And no other object was contemplated by the measuie in quostion than that duo publicity should be given of all intended marriages. At the time of its enactment, no material objection was raised to it by the religious denominations whom it more immediately affected ; but when the oidinance had been for some tmio in operation, and during tho last session of the General legislative Council, memorials were addressed to the Legislature from the Wesleyan body, and by the Presbyterians, complaining that the power of granting marriage licences had been denied to their Ministers, while it had been q 1.111 ted to the Minibtois of the Churches of England and Rome, and that " invidious distinctions" bad been thereby created. As the Government had no desire whatevoi, in framing th.it 01 din.itice, to make any such distinctions, but simply to devise tho best gonci.il system of pi eventing secret mamnges, ho (the Attornoy-Genc-i<il) had taken the oppoituiuty of unequivocally disclaiming nny such intention. And, further, speaking for himself, he bud said then, and be said now, that believing the true value of a Church to consist, not m the bricks and mortar, — its tithe and its church-iate, — but in the power of its moral and spnitudl influence for good, that ho behoved n to be beyond tho power ot rl is Council, or of any legislature in the woilil, to confer nny " invidious distinction" worthy of the name, upon any Chinch nh.ilevei. And so far Mas he then, and was ha now, as a. member of the Church of England, fiom do-

siring to aggrandize the Cliurcli to which lie himself biloiged, by monopolizing the wealth and honours of the State— that, if lie vvero wicked enough to desire to doatroy the spiritual vitality of any religious community, he would ally it closely with the State — he would bestow worldly honours on its dignitaries — provide rich sinecures for its Ministers— and confer " invidious distinctions" on its members. But although ho was by no means unfavourable to tho prayer of the memorialists, he was, for a reason which appeared to him a valid ono, opposed to the introduction, at that paiticulartimo, of a bill to amend tho ordinance complained of— for he oould not but think that it was on every account most objectionable to introduce, in the middle of a session, a mensuro of any importanco, the provisions of which had not been previously published — of which the public had no knowledge, and of which they had no opportunity of forming an opinion, or of representing their views upon it to the Legislature. Ho hid, however, on tho occasion in question, sketched out the outlines ot a measure for giving effect to the wishes of the memorialists, and which, at some more fitting opportunity, might he proposed for tho consideration of tho Council ; and he had pledged himself that if he should bo a member of nny Council into which such a bill should bo introduced, to give it his support. No sooner was the session at an end than, at the instance of 1113 Excellency, he (the Attorney-Genoral) prepared the draft of a bill forgiving to the Wealeyan body and to the Presbyterians the samo power of granting marriago licences which the Churches i of England and Rome had long possessed under thenown ecclesiastical laws. Publicity was immediately given to the bill in the Government Gazette; and during I tho period which had elapsed since its publication no objection had boon made, so fur as lie was aware, to thu provisions it contained. That bill was then buforo tho Council ; and in fulfilment of his pledge, ho (the At-torney-General) clieetfully and willingly gave it his suppoit, and had great pleasure in suppoiting the motion for its second reading. The Colonial Slchltaiiy of 3>7kw Mc/vsicr said, that as he intended to vote for the second reading of the bill, at the same time that ho did not approve of Homo of its provisions, he wished to say a few words on the subject. Ho wished that the Muiriago Ordinance of 1847, which tho present bill was intended to amend, had been j fiamed on a different principle altogether. Ho thought it would have been better if Government had, for all parties, prescribed whatever might have boen thought dcsiiable to constitute tho validity of inairi.igo for all civil purposes, as in Franco and some other countries, leaving each denomination to use such religious ceremonies as they might think proper. If such a system had been brought forward m 18-17 ho thought it might havo been carried — though ho very much doubted whether it would be accepted now ; for since that time various powerful parties had acquired certain lights and piivileges under the Marriage Ordinance, which they would ! now probably bo unwilling to relinquish ; so that if thn Council wore now to do what he thought they should have done, and might have done in 18 17, the great mn- | jority of the public would bo against them. Ihe hon. member than prosented, and lead to the Council, a memorial from certain persons on behalf of the Primitivo Methodist Society, praying that tho name of their Society might be added to the list in Schedule E. of the Marriago Ordinance ; and that theii Ministers might have all such powers and privileges fts> were given to Ofliciating Ministers by that ordinance. And the honourable member concluded by giving notice that when the bill went into Committee ho would move that effect be given to the prayer of the memorial. Sir GiLoiiGE Giuy thought that the honourable member who last spoke quite misunderstood the principle of the Marriage Ordmnnco of 1817, and onteied into an explanation of its objects, — pointing out that the only ceremonial prescribed by it was, that each of the parties should make a distinct declaration that he or she was willing to take the other for wife 01 husband. As soon, too, as he found that certain parties were, or thought themselves aggrieved by that ordinance, he had immediately offered (and he thought that a circular letter had been addressed to them on tho subject) to appoint their respective Ministers to bo " Registrars," in order that they might thus avoid the. difficulty complained of. Some of them agreed to act, and wore accordingly appointed .Registrars for the purposes of tho Ordinance, while others, having conscientious scruples, had doclined. As to tho objection of tho Colonial Treasurer to some parts of the bill, ho (Sir George Grey) thought that tho peculiar circumstances ot the country, the scattered stato of the population, and the fact that theie wero ministers in the more remote parts of the country — although ministers of 0 considerable religious community, yet, who had not actually a congregation of forty — called for that enactment ; and the value of a Legislature, he thought, depended upon its applicability to circumstances. After a kw remarks from other members, the motion was agreed to, and the bill was read a second time.