L
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
10
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH—NOT TO
PUBLIC
RECORD OFFICE, LONDON
ID DUKE,
No. 223.
(NATAL.)
QUEEN'S ADVOCATE to COLONIAL OFFICE.
1883.
Doctors' Commons, December 23, 1863. I am honoured with your Grace's commands, signified in Mr. Elliot's letter of instant, stating that he was directed by your Grace to transmit to me for my ration a Despatch from the Lieutenant-Governor of Natal, together with a No. 106, aw, the object of which is to legalize and regulate the marriages of certain 26 Sept. which are to be solemnised according to Christian rites, while it also enacts mer marriages between natives performed by clergymen shall, except where arriages would be polygamic, be valid and legal from the date of such mar- and Mr. Elliot was to request that, having regard to the annexed copy of the ause of the Royal instructions for the maintenance and amendment of the lawe, I would furnish your Grace with a report on the subject of this bedience to your Grace's commands I have taken this case into consideration, ve the honour to
ent.
Report
the questions raised by the proposed legislative measure of the Governor of nvolve considerations not only of grave importance and great difficulty, but also cial novelty, because they have neither the aid of direct precedents nor of any rtain principles by which they may be guided.
marriage of uncivilized heathens, retaining their own habits and usages of life, istian ministers. presents a religious problem by no means easy of solution; but be reasonably doubted whether it is one in which the State is, in this instance, 1pon to intermeddle, or which it can now practically solve by direct legislation; r the question is not, in fact, one which may be for the present, at least, morė left to the moulding influences of time, of growing Christianity and increasing tion, aided, perhaps, by judicial exposition.
Lieutenant-Governor looks upon himself as representing two characters, that ristian Governor and that of the Chief of a native heathen tribe. The pro- neasure is founded, rightly or wrongly, upon this paramount idea. This positive ect legislation is considered necessary by the Lieutenant-Governor, on account disrespect into which the Christian rite is otherwise likely to fall. This would m to me, in the peculiar circumstances of this Colony, a good ground for the ment to stand upon, and it is surely probable that legislation which is admitted t variance with the strong religious convictions, whether right or wrong, of the rs of Christianity in the Colony will be practically disregarded in spite of all nd penalties affixed to the forbidden exercise of their office.
is, indeed, acknowledged by the remarks of the Lieutenant Governor on section e measure, which provides that, in addition to the punishment, the Christian ge shall be null, because inconsistent with or unknown to particular heathen which the Lieutenant-Governor in his capacity of Chief of the tribe is bound, onceives, to uphold.
nk this provision as to rendering the marriage absolutely null very objectionable, e averment that it is necessary for the working of the measure seems to me a
rable argument against the measure itself. further apparent (see remarks of Lieutenant-Governor on clause 12) that the al difficulty, namely, the legalising past Christian marriages is so embarrassing can only be partially dealt with at present, and that it is intended "sooner or to legalise all such marriages, though, at present, it is only to legalise native ges into which the question of polygamy (the pinching difficulty of the whole
loes not enter.
confession again seems to me to point out that the matter is not yet ripe for tion, that there is danger on the one hand of forcing by legislation Christian I marriage too early upon the native, and on the other hand of giving a more and direct sanction of Her Majesty's representative, than now exists, to n and polygamic marriages.
16278,-58. 25.-3'66.