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that because our marriages are celebrated under the authority of English law.
The President: The Colonial law. It is English in one sense.
Mr. Downer: It is English law in the sense that the English Government have assented to the Colonial law;[1] and it appears to me that certainly the Government would be disposed to adopt a line of policy to the Colonies which would tend to make the Colonists wish to return to the old country, and settle down there with all the advantages they could possibly enjoy, rather than adhere to a condition of law which is practically being departed from altogether, which is being administered in one way as to personalty, and in another way as to realty, and which above all affixes a sort of stigma to the marriage relations in the Colonies, which has prevented, and is even now preventing, some persons from returning who are very anxious to return to the Mother Country.
The President: I am very anxious to hear what the Colonies have to say; you have the advantage of a majority of the House of Commons twice on your side.
Mr. Downer: Yes, and I think the majority in the House of Lords is getting smaller by degrees and beautifully less; but that is on the main question.
The President: But I refer to the fact that in 1877 and 1878 there was on both occasions a majority in the House of Commons in favour of just what you are arguing.
Mr. Downer: Was that upon the Colonial Bill?
The President: Yes, upon the Colonial Bill, there was a majority of 51, in 1877.
- ↑ And they have so assented after having determined that marriage should be among the questions specially reserved for consideration by the Crown.
