111

2nd. "A Return of expenses incurred on Pensioners’ Villages since their foundation."

3rd. "Return of the expenses of the “Vic-toria” and “Albert,” since 1847, and how those vessels have been employed."

4th. "Return from the Resident Magistrates’ Courts at Auckland and Howick, showing the number of summonses issued and how disposed of."

5th. "Return of the number of Parkhurst Boys introduced into this colony, and what has become of them."

Mr. Barstow gave notice that he would move, on Saturday next, for the following Return:—

"Return of all monies due by or owing to the Government of New Zealand at the expiration of the year 1848-49, showing on what account and by whom any liabilities may have been incurred, also the debtor and creditor account of the land fund at the same time."

Council adjourned to two o’clock on Saturday the 11th instant.

SATURDAY, 11TH AUGUST, 1849.

PRESENT:

His Excellency the Governor, and nine members.

ABSENT:

His Excellency Major-General Pitt, K.H.

The Council met pursuant to adjournment. The Colonial Chaplain was in attendance and read prayers.

The Minutes of the last meeting were read and confirmed.

The Colonial Treasurer presented a Petition from a number of the inhabitants of Auckland and its vicinity of various classes and different religious denominations praying for a modification of the Marriage Ordinance.

Petition read and received and ordered to be printed.

To His Excellency the Governor-in-Council of New Zealand, and the Honourable the Members of the General Legislative Council now assembled at Auckland.

The humble Memorial of a number of the Inhabitants of Auckland and its vicinity of various classes, and different religious denominations (Episcopalians, Presbyterians, Wesleyans, Roman Catholics, Independents, Baptists, &c., &c.)

Respectfully sheweth,

That the Marriage Ordinance in the Colony of New Zealand (Session 8, No. 7), in addition to other matters which interfere with its applicability to the circumstances of the Colony, is especially objectionable, as containing provisions which confer upon Ministers connected with the Churches of England and Rome exclusive powers to grant Licenses for Marriage on account of their ecclesiastical position and relations; while they not only withhold that privilege from other Churches, but impose upon their ministers and members regulations which they feel to be degrading and unmerited, as well as vexatious, tedious, and expensive in their practical working, and which in certain cases tend to promote criminal neglect of the marriage rite, owing to the difficulties which they place in the way of parties residing in some remote districts of the country. Your Memorialists have no desire to deprive the denominations favoured by this Ordinance of the full and free exercise for themselves of all the privileges which it bestows, but they, with respectful earnestness, ask that such privileges, in a matter in which all are equally interested, should not be restricted to two particular sections of the Christian community. Such restriction they cannot but regard as sectarian and unjust; and they beg leave to declare their solemn conviction, that as there is no particular church established by law in the Colony, there should be one, and only one, system of legislation with respect to the several Churches existing in it; and that that system should be carried out with even-handed impartiality, without favoritism, and according to the principle of strict religious equality.

Your Memorialists would further represent that there are two classes in the community, who, besides bearing their full share in the general hardships inflicted by the Ordinance are especially aggrieved by it: inasmuch as from one (the Scotch Presbyterian settlers) it withholds privileges in the performance of the marriage ceremony which they always and freely possessed in their own country; and, on the other (the Wesleyan Methodists) it actually inflicts a new and unprovoked disability, by taking away from them the power of granting licenses which they had enjoyed uninterruptedly for many years; and they feel this the more, because the effects on the minds of the Native population will be most injurious, many mixed marriages having been celebrated by them.

For this and other reasons, your Memorialists respectfully pray that, before the termination of the present session of Council, such alterations may be made in the Marriage Ordinance as will remove the grounds of complaint stated in the premises, by extending to the other religious bodies, who are, or may be, in 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 to the Church of Rome.

And your Memorialists will ever pray, &c.

The Surveyor-General presented a similar Petition from the Wesleyan Clergy of Auckland, on behalf of themselves and their congregations.

Petition read and received and ordered to be printed.

To His Excellency the Governor-in-Council of New Zealand, and the Honourable the Members of the General Legislative Council now assembled.

The Memorial of the Wesleyan Clergy of Auckland on behalf of themselves and their congregations,

Respectfully Sheweth—

That the Marriage Ordinance for this Colony, passed by the Legislative Council, Sess. 8, No. 7, is held by them to be partial and sectarian in principle, and felt by them to be most oppressive in its practical working. They regard it as partial and sectarian, in as much as it selects from the religious denominations of the Colony five Churches on which it confers powers and privileges that it withholds from other Churches, and thus creates an invidious distinction in a country where there is no Establishment, and where all Churches should have an inalienable right to equal civil and religious privileges.

That in their own Wesleyan Ministers, they regard the distinction as more invidious, and the partiality peculiarly marked, inasmuch as the Wesleyan Church has for many years employed a number of agents at great annual cost in promoting the best interests of the country, the members of which have never been wanting in loyalty, but have always stood among the foremost in aiding to suppress rebellion and to support and establish British rule; and especially as they are now deprived of powers and privileges formerly possessed and exercised by them, and rendered liable to be tried as felons should they continue to exercise the right they have so long indisputably possessed in this land.

That the practical working of the Ordinance has been felt to be most vexatious and oppressive, involving expense, loss of time, and other sacrifices to the members