§ THE DUKE OF NORTHUMBERLANDMy Lords, I beg to ask His Majesty's Government whether it is a fact that marriage with the sister or niece of a deceased wife has been recently legalised in the British East African Protectorate; and if so, upon what grounds this step has been taken.
* THE PRESIDENT OF THE BOARD OF AGRICULTURE (The Earl of ONSLOW)My Lords, in the absence of the noble Marquess the Secretary of State for Foreign Affairs, who is in Ireland in attendance on His Majesty, I have been asked to reply to the Question of the noble Duke. It is perfectly correct to say that an ordinance is in existence in the British East African Protectorate which enables a man to marry his deceased wife's sister or niece. The noble Duke asks upon what grounds it was passed. It has been in existence in South Nigeria for some years, and when the Foreign Office were framing marriage laws for East Africa they took as their model the South Nigerian marriage law. The law in South Nigeria is taken from ordinances which were in existence in Lagos and the Gold Coast territory. Those laws were sanctioned by the late Lord Derby, who allowed the question of marriage with a deceased wife's sister to be settled by local opinion and local considerations. In that way the law in Africa, both East and West, has grown up, and is similar on both sides of the continent.
* THE LORD ARCHBISHOP OF CANTERBURYMy Lords, I should like to be allowed to say a word in connection with the answer which has just been given. I venture to hope that this matter will be further looked into, and that care will be taken that we do not inadvertently drift into a condition of marriage-law legislation as regards the Protectorates in Africa, which would affect very much larger and more far-reaching questions than marriage with a deceased wife's sister. I have had the advantage, by the courtesy of the noble Earl, of looking at the ordinance, which is now, I understand, the law in the East African Protectorate. I understand that it was only in consequence of a protest which has reached the Commissioner in Uganda that the ordinance is not also enforced there; and that both in Uganda and in the East African Protectorate those who are most conversant with the whole question of civilisation for these people feel that the ordinances, as at present drafted, are almost absurdly inapplicable to the circumstances. This is quite apart 1039 from any mere question of marriage with a deceased wife's sister. True, there are some 80,000 Christians in the Protectorate of Uganda consisting entirely of converts to the Anglican Church or to the Roman Catholic Church, and they are at this moment practically unanimous in disapproving of and disliking this particular provision. But the question is a much larger one. The new Marriage Law is, I am told, absolutely contrary to a treaty which had been made with the native chiefs to the effect that no additional tax should be imposed upon them except under certain peculiar circumstances therein described. This ordinance does impose an additional tax upon them, and, in short, the matter seems to have been enacted originally in one place and to meet one condition of things, and afterwards applied to quite a different sort of region and to another condition of things altogether. All I would ask is, that the matter should be most carefully looked into, so that before the law is made operative over a wider region than at present, we may, at least, understand that every inquiry has been made among those most cognisant of the position of affairs.
§ THE DUKE OF NORTHUMBERLANDI should like to ask the noble Earl whether there is the smallest hope of recalling this ordinance in the East African Protectorate, and whether he will give some pledge to the House, on behalf of the Government, that such ordinances will not be enacted in the future for other protectorates without Parliament having, at any rate, some opportunity of expressing its opinion. It seems to me that the answer which my noble friend has given makes the matter a good deal more serious. We are told that this legislation was inaugurated in Lagos because of local feeling and local consideration. I should like to know what the local considerations in regard to Lagos are. As to local feeling, in most of these parts of Africa they are very strongly in favour of a good many things which are un-desirable. Probably local feeling is in favour of polygamy and other divers things which I will not specify. If you are to legislate by local feeling for protectorates in which the population 1040 is to a large extent savage, I think it will carry you a considerable way. As the most reverend Prelate has pointed out, this is not merely a question of marriage with a deceased wife's sister or niece; but I venture to think it is a most serious thing that the Marriage Law should be altered in this way without giving Parliament any opportunity of becoming aware of the fact or of expressing its opinion upon it. Although it may be argued that many Colonial Legislatures have sanctioned marriage with a deceased wife's sister, I would point out that marriage with a deceased wife's niece is going a considerable step further than even many Colonial Legislatures have dared to go. Surely, in the absence of any definite expression from Parliament of its will in this matter, common sense would insist on the advisability of maintaining the English Law in protectorates under the Foreign Office.
§ LORD JAMES OF HEREFORDI should like to ask whether it is not the fact that every self-governing colony, without exception, has rendered marriage with a deceased wife's sister legal, and that these laws have been approved by Home Government. I should have thought marriage with a deceased wife's niece was one step. further off and was even preferable to legalising marriage with a deceased wife's sister. Although all the self-governing colonies have passed this law, and although the House of Commons over and over again by majorities of two to one have passed a Bill effect that object, the noble Duke asks that the Government should come to Parliament before legalising such a marriage in any British protectorate. That would be casting a burden on Parliament which no one would desire unless it be to prevent particular legislation to which they object, but which, according to the view of the majority of our fellow subjects abroad and in this country, is regarded as wise and beneficent legislation.
* THE EARL OF ONSLOWIn reply to the noble Duke, I believe the Foreign Office are considering at this moment the question of the uniformity of the 1041 marriage laws in all protectorates under their charge. The noble Duke also asked that before ordinances are passed there should be an opportunity given for the Imperial Parliament to consider them and rectify them. That would be an entirely new departure; but the noble Duke is well aware that opportunities always occur, both in this House and the other House of Parliament, for criticising the policy adopted in the protectorate States and the Crown colonies; and no doubt if the noble Duke, or any other noble Lord, wishes to raise the question he will have ample opportunity of doing so. With regard to the Question put to me by Lord James, I have not looked up the matter carefully, but I believe he is substantially correct in saying that in all the self-governing colonies marriage with a deceased wife's sister is permissible. But that legislation, of course, is passed by the responsible governments of the colonies, and although it, is subject to the approval of the Crown, it is in a different position from the ordinances which are passed in Crown colonies.