HC Deb 23 April 1877 vol 233 cc1668-9
MR. ALDERMAN W. WARTHUR

asked the Under Secretary of State for the Colonies, Whether it is true that a Bill introduced into the newly constituted legislative council of Natal by the Secretary for Native Affairs and passed by that council, and which enacts that the "customs and usages" of the natives shall be administered in courts of law in that colony, has received the assent of the Crown; whether Her Majesty's Go- vernment is aware that, within the terms "customs and usages" is included woman purchase and sale under the guise of marriage—that cattle unpaid for her marriage can be recovered as a common debt in courts of law presided over by paid British magistrates, and that polygamy is also freely practised by law; and, whether Her Majesty's Government is aware that said Bill contains no provision to relieve natives, when becoming Christians, from native law—does not recognise a marriage between natives even when performed by a clergyman as legal; and that the official staff of the colony prevented these necessary provisions from being inserted in the Bill?

MR. J. LOWTHER

Sir, I am afraid that it would be impossible for me within the limits of a reply to a Question to do justice to the subject referred to by the hon. Gentleman, who will, I have no doubt, now that he has had an opportunity of seeing his Question fully before him in print, agree with me in thinking that the subject would be more conveniently dealt with in the form of a Motion, which would admit of a fuller explanation than I could now venture to ask the indulgence of the House to permit me to make. Meanwhile I would observe that I cannot admit the accuracy of all the information upon which the hon. Gentleman has founded his Question, and I ought to mention that this law was passed by large majorities in the local Legislature, and that it is the opinion of the authorities that it will work advantageously to all interests concerned.

MR. ALDERMAN W. M'ARTHUR

gave Notice that he would take an early opportunity of calling attention to the subject.