DISALLOWANCE OF THE MARRIAGE AMENDMENT ORDINANCE.

New Zealander, Volume 9, Issue 740, 18 May 1853, Page 3

DISALLOWANCE OF THE MARRIAGE AMENDMENT ORDINANCE.

We publish, for the information of the large class of our readers who feel a lively interest in this subject, the following correspondence which lias lately passed with reference to it : Auckland, April 28, 1855. Sin,—lt having been signified in the Government Gazette that Her Majesly has been pleased to disallow the Marriage Amendment Ordinance passed by Ihc Legislative Council in 1851, (lie Standing Committee appointed at a Public .Meeting, held in August, 1819, to watch over and promote the alterations deemed desirable in the Marriage law of (ho Colony as enacted by Ihc Ordinance of 1847, have fell it incumbent on them to lake into consideration (he position in which the question is now placed by the disallowance of the measure which His Excellency the Governor was pleased to bring forward for Hie purpose of removing, (as it effectually did), the grievances under which large classes of tiie community were previously placed in relation to this important matter. As, however, the Committee feel that ififorinalion which they do not possess is essential to their future proceedings, they have requested me, as their Convener, respectfully to solicit that His Excellency may he pleased to conmiunnicatc so much of the contents of the Secretary of Slate’s despatch as he may deem proper, to make (hem acquainted with the grounds on which the lately passed Ordinance has been ■disallowed ; together with any further information as to Hie position in which the question w ill practically sland after (he 51st of May, ns may be necessary for the guidance of the Ministers and others who may be especially concerned with the celebration of Marriage, The Committee retain such a lively and grateful sense of the kind and attentive consideration "with which the Governor received their representations on former occasions, as induces them to anticipate that His Excellency w ill be equally disposed on (he present occasion to accede to the request which, on their part, I now have the honour to make.—l have the honour to be, Sir, your most obedient servant, John B. Bennett, Andrew Sinclair, Esqr., .Colonial Secretary. Colonial Secretary’s Office, Auckland, srd May, 1855. Sir,—ln reply to your letter of Hie 28th ult., mi information respecting the disallowance by Her Majesty of the Marriage Amendment Ordinance, I have the honor hy direction of his Excellency (he Governor to in'orm you, that the Secretary of State observes that the

power of granting licenses for the solemnization ol Marriage has been generally vested, in English Colonies, in the Governor, that is in the Civil Authority, which in his opinion is the most convenient and reasonable course, and as such it was recommended by Lord Stanley in several cases in which it was proposed to amend the j V lw of Marriage in different possessions of the Crown. And it seems to the Secretary of State, that in endeavouring to reconcile religious differences, on a subject in which no religious principle is involved, the Marriage Amendment Oidinancc loses sight ot the main object, namely, publicity,—for if Mania go Licenses can be granted by all the parlies on whom it confers these powers, there will obviously be danger i that knowledge of an intended Marriage would not be duly obtainable before hand by parties interested respecting it, and too much facility would thus be given to clandestine or irregular Marriages. The Secretary of State therefore fell it his dul} to advise Her Majesty to disallow the u Marriage Amendment Ordinance,” and not to confirm Ordinance No. 7 of 18-17, but to leave it j for the present tacitly to its operation, together ■ with No. 9 of 1817 which is dearly connected with it; at the same time he desires it to he ; distinctly understood that this resolution is j adopted not from any wish to give to the Clergy ot the Churches of England and Rome legal ■ powers not possessed hy other Ministers, but, sinply because it is almost unavoidable to prej serve the existing practice, until some well conj sidered substitute he adopted ; and observes I that the Representative Legislature of New Zealand when assembled, will no doubt consider the whole question, as they will he best able to adapt the law on this important subject to (he real wants of the community. The Secretary of Stale farther stales it as his own opinion that the safest course which can he adopted as to licenses I will lie that already recommended, namely to confer the power of granting them exclusively on the Civil Authority.—l have the honour to be. Sir, your very obedient servant, Andkew Sinclair, Colonial Secretary. Dr. J. R. Dennett, cVc. It thus appears that so far as the colonial law is concerned, the question stands in precisely the same position as it stood in 18-it), j when the movement was in progress which led to the preparation by Sir George Grey, and the subsequent adoption by the Legislative Council, of the Amendment Ordinance which has now been disallowed. In this position, it is also evident, the law must remain until the meeting of the General Assembly, to be by-and-hy elected, —the Regulation of Marriages being one of the subjects on which the Constitution Act declares that the Provincial Councils may not legislate. We trust that—in the sufficiently long interval i which, on this account, must necessarily elapse before the grievances resulting from the operation of the Ordinance of 1847 can be remedied, —the attention which will no doubt be directed to the matter may lead to ' the preparation of a draft measure so wellconsidered as to present an equitable and final adjustment of a question on which uncertainly and frequent changes are so peculiarly to be deprecated, and that the Genera! Legislature may be found willing to take the mailer up and act upon it in a spirit and with a zeal corresponding to its importance.