Provincial Council.

Daily Southern Cross, Volume XVII, Issue 1285, 13 April 1860, Page 3

Provincial Council.

WEDNESDAY, APRIL 4. Present, the Speaker and 27 members. Mr. Busßr brought up the report of the Committee on the petition of Walter McCaul. I Report received and lead. Messages ff 1 07n the Superintendent. Message, No. 40. — The Superintendent proposes for consideration by the Provincial Council the undermentioned alterations in and additions to the Estimate of Expenditure for the year 1860. Ist. That in the department of the Registrar o£ Deeds, provision should be made for the payment of a second clerk at £150 per annum, and that the sum of £125 bhould bo voted for extra assistance. 2nd. That in the section headed " Miscellaneous," provision should be made for : Ist. The Ferry services as follows :—: — North Shore steam ferry £500 Panmure ferry 200 Wangarei 30 Ouehungaand Mangarie ferry 50 Karaka ferry 20 Waipa ferry 15 2nd. Aid for the maintenance of orphan and destitute children 200 3rd. Compensation, Auckland Impiovelnent Act 1235 4tk. Addition to Slaughter house at Newmarket 220

Message, No. 41— The Superintendent has received from tbe Provincial Council an address requesting that a sum of £200 should be placed on the Supplementary Estimates for the Auckland Ladies Benevolent Society to be distributed for the relief of the sick and destitute. As the funds at the disposal of the Government are not at present sufficient to meet the special requirements of the several charitable institutions in active operation in Auckland, the Superintendent proposes that a sum of £200 should be voted to be applied in aid for the maintenance of Orphan, and Destitute child ren who are tinder the protection of such institutions. Dr. PoltiEN laid on the table a return of the araoun of compensation awarded to the various parties under the Auckland Improvement Act. Captain Cooran moved that a respectful address be presented to his Honor the Superintendent, calling on his Honor to take immediate action on the Eeport of the Committee upon Messrs. Parr »nd Green's petition which was adopted on the 29th March. Seconded by Mr. Mears and agreed to. Mr. Harris asked leave to withdraw the motion standing in his name on that day's paper for a time. He did so as two or three member* had asked him to do so ; not from any conviction of his own. Mr. Busbt said he would not object to their being withdrawn altogether, but he objected to have them withdrawn so that they might be brought up on a future day. Ho had a very strong objection to motions of that kind being brought forward in that house ; and there wa.s another on that day's paper, which he hoped the good sense of the member would cause him to ■withdraw also. He thought it was the duty of every member of that Council, as the account of their proceedings would be published in the newspapers, to reflect on the danger which was incurred of exciting undue alarm in the public mind. Jf any member was in possession of information in reference to the present excited stata of the Province, it was his duty to convey it to His Excellency the Governor, and not to blazon it forth in that Council, so that it might appear in the newspapers. Mr. Cableton objected to the withdiawal of the resolutions; he desired to see how they would be dealt with by Council ; and for that purpose, though he intended to vote against them, if a seconder were required he would second pro forma. ' Mr. Harris said that as he was not allowed to withdraw, lie would simply read them over and leave to I other members if they chose to raise a debate upon them. He then moved : — " Ist. That this Council begs to express to his Excellency the Governor the deep concern it feels at the possible extension of the war now raging between the British and Maori races ; and ventures to hope that his Excellency will take the inoßt prompt and efficient means for the protection of the inhabitants of this Province. "2nd. That this Council believes that at the present time it is the duty of every good subject of her Majesty to aid and support his Excellency in every way within his power ; and begs to e\'prea«i a hope that the Maories will now be made to feel that it is neither their interest, nor can they be allowed to disturb the peace of this country with impunity. "That the foregoing Eesolutions be forwarded to his Honor the Superintendent, and that his Honor the Superintendent be requested to present the same to his Excellency the Governor, accompanied by the Speaker and Members of this Council," Mr. Caeleton said that if any member desired to second them in earnest, he would withdraw in that member's favour. No seconder being found, Mr. Cab&ETON seconded pro forma, Mr. Kmu said he had no doubt but that the Governor had taken up arms to protect the settlers ; neither had he any doubt of the injurious tendency » debateon that subject would have upon the public mind ; he would therefore move the previous question. t The Speaker said he h*d better negative the original motion: the council hud wisely thought it prudent to avoid moving the previous question, as it might lead to confusion. Mr. Cabmtos had desired, for the credit of the Council, that the resolution! should be moved, and not withdrawn ; in order that they might be negatived. He thought them in the worst possible taste • and if not beyond the powers of the' Council, at 'least beyond their duty. What had they to do with the matter, as a? Council ? If any one among them, as an individual, were to address his Excellency on the subject, he would beyond doubt receive a courteous answer. ■ But the Governor would be justified in 'meeting the interference of the Provincial Council with ' a well deserved rebuff. Besides the' general objeofjon to interference by the I Council, there were special objections to the resolutions,, which were badly framed. No. I, "venturing to hope" that the Governor would do his duty, implied that the Governor might possibly be found wanting in his duty.' He thought it in better taste to take for granted that the Governor would do all that lay in his power. Resolution 2 was as offensive to the Council as resolution j No. 1 was to the Governor,-— "That the Council believes that it is the duty of every good subject to aid and support his Excellency," &o. What the Council only believed, he (Mr Carlefcon) knew ; and so did all the Test of them. The proposal "That the foregoing

tfesoluiionj bJ5 4 |orw«c|,edto hlf [deatj^aTiirt.'M* Honour the Suporintendwx<i v b« s *«S' 'guested |o present the name to hit fitdellenoy'the Go sftbjmot (^Mi i jrtringof titles),' adoomp^nled^by 'the .Speaker and Memberi'of this Counbil," seemed to hive ottgmate'd in utter ignorance o! the constitutional posi-'^ tion of tout Council, Did the mover really ' »iippps» that tho .Superintendent was 'a medium of communication batWcen the Counoil and 'the Governor t That there were three grades of rank — first the Governor, then the Superintendent, and last, the Council T Was he not v aw*re that the two branohes of the Provincial legislature were supposed to be on an equality, and that one had the - same nght as the othar to communicate directly with the Governor ? Each branch of the legislature wax independent «f the other, and was recognised to be so by the General Government. Certainly the power of the Superintendenoy branch was at present the greater of the two ; but that was beoauee the Council had abdicated their functions; and the mover of that resolution wai one of those who had joined in doing so. [Mr. Harris : When ?] Mr. Car&eton : When he allowed the Superintendent to spend the public money at pleasure, without appropriation. The resolution was quite in keeping with that hon. member's previous votes. For his own part, though he did not much approve of such expeditions, he would not object to following their own Speaker to Government House ; but certainly never expected to tee that Council following in the train of the Superintendent. He had no doubt that the resolutions would be rejeoted by the Council ; but thought that the rejection ought to be as strongly marked as possible. Mr. Cadman said ho should vote |against them, but not from any of the reasons which had been brought forward by the hon. member who had jußt sat down. Had those resolutions been brought forward at the proper time, he should have voted for them. Remarks had been made, in reference to the other motion on that day'si paper; he thought that the motion expressed what was perfectly just, — they ought not to bo in session when the Government were calling upon the citizens to arm, for the protection of their lives, aa they did not know how soon they would have to bo in the battle field. Captain Cooper thought that the resolutions should have been withdrawn, as they were calculated to produce an irritation in tho public mind whioh was not warranted. They had no evidence to produce that his Excellency had not already taken those measures. He thought that as they had commenced the discussion, and that they could not now prevent it being published, they had better go on with it. If members -were in possession of information respecting the natives, which was calculated to disturb the peace of the community, they ought to make it known to the proper authorities, and not bring forward motions which would not act for the good of the province. He had always thought that that Council had a right to communicate directly with the General Government; but, a majority of the members had not thought so, they thought that the Superintendent was tho proper person through whom all communications with the General. Government should be forwarded, and not through the Speaker. He thought it would not act on the Governer, neither •n ould it have the effect of making him a more discieet Governer nor a great General. Mr. Boylan said that he could vote for tho resolutions were it not for one assertion made in them— that the war was a war of races. The expression was a thoughtless one; — "that his Excellency would not permit the unfortunate war of races, now raging at Taranaki, to extend to Auckland." But for that unfortunate expression he looked upon the resolutions as being perfectly harmless. They reminded him of the great feeling felt by beadles at home on her Majesty's birth-day, when the casks of ale were flowing. The hon. member proposed that they should go to his Excellency, headed by the Superintendent, as a "posse comitatus," to tell him that he ought to do every thing which, for aught they knew, ho^had done already. For his part he should prefer being led by Captaki Cooper, from tho readiness he displayed in bringing his men home to tea, when it was ready, when they were under his command. He thought that the mover •ft as heartily ashamed of them now, if he was not he ought to bo. Mr. DrLWORTH said the object of the person who forced this discussion was apparent. He had thought proper to object to their withdrawal. He (Mr. Dil- | worth) thought it exceedingly undesirable that the pre- | sent discussion should continue, and that the sooner it was closed the better. The Council would have exercised a wise discretion, had they allowed them to be I withdrawn. Mr. BU6BY said that the hon. member had alluded to him. He (Mr. B ) had distinctly stated that lie did not object to tho absolute withdiawal, but only to the conditional one. Mr. Dilwojith said he had not alluded to that hon. member. Mr. HARRIS replied that it was the duty of the Provincial Council to expiew an opinion on the affairs of the Province. He thought that the resolution expressed no doubt that bis Excellency had not done all in hfiT power for the good of the Province. They had been called fooh'sb. motions ; but he thought that the Council had allowed many more foolish ones than those to be passed. Other Councils had done the same thing. The hon. member (Mr. Caileton) said he objected to being headed by the Superintendent, and he would not follow him ; he (Mr. H.) believed that that member would follow him to Halifax if he could gain anything by it. His object in having it presented by tho Superintendent was that tho whole branch of the Provincial Government might be represented. He regretted that they hnd not funds to devote for the erection of a large lunatic asylum, where some members could rave without doing any damage. Motion negatived. Mr. "King moved that an address be presented to his Honor the Superintendent, respectfully requesting him to forward to this Council copies of all correspondence between his Honor the Superintendent and the owners and occupiers of land in Victoria and Drake Streets. Seconded by Mr. Griffin, and agreed to. Mr. Buckland not being in his place the motion standing in his name lapsed. The Council then went into Committee on the Estimates. Streets and branch roads (to meet assessments and locol contributions) £2000. Captain Cooper moved that it be expunged. Negatived. Captain Cooper successively moved that it be £500, then £600, and finally £1000, which was agreed to. Road repairs, £1000. — Agreed to. South Road (to complete to Waikato), £300. Mr. Kino moved that it be £1000.— Negatived. Mr. Dilwohth then moved that it be £1300, which was also negatived. The original amount was then carried. Immigration, £500. Mr. Kino moved that it be expunged. — Negatived. Mr. Merriman moved that it be £1000.— Agreed to. The Committee reported progress. Mr. Carleton desired to draw the attention of the Council to the fact that although copy had been sent down to the printers many days ago from the Finance Committee, no proofs had been yet received. He, with Mr. Brennan, had revised the earlier portion, immediately after the bringing up of the draft report, and it had been sent down. He merely mentioned this, to shew that the Chairman had not neglected his own duty. The Speaker :— And quite right too. Mr. Mbrmman asked why th« hon. member looked so at the Executive. Mr, Cakleton presumed that he might look where he pleased. Mr. Merbutan :— A cat may look at a king; but we know what the king did. The Council adjourned.

THURSDAY, APRIL 5, 1860. Present, the Speaker and 10 members. There being no house the Speaker ordered the clerk to take down the name 3 of the members present, and Adjourned the house. Member present, — Messrs. Carleton, Boylan, Busby, Mnnro, McKenzie, Eoss, Cooper, Vercoe, May, and Mews.

TUESDAY, APRIL 9. Present, the Speaker and 2i members. Mr. BoylaN preiented a petition from six licensed auctioneers, praying for the Auctioneer* Licensing Ordinance to be bo amended that they may have power, in the event of sickness or other causes, to appoint a. < deputy to sell under their license.— Petition received _and read. Mr., Boyian 1 brought up the report of the Committee on Burial Grounds, — Report received, and ordered to be printed. Captain Coopssn brought up the report of the Committee on roads" in the Northern Divisidn. — Report received and read. • Mr. Wood brought up tha report of the Committee on the petition of Mrs. Andrewartba. Report received and read. < . Mr. Mat brought up, the third interim report of the Immigration Claims Committee, — Report received, and ordered to be printed. Mr. Carlkton laid on the table an Act to provide for the audit of the public accounts of the province of Auckland. ,

L ?.*/Pf [ -^ , Mii'rhpofiin^ -^r" v ' 'vU. J , Mr. Mbrriuan Mid, he wd»nQt-in thfl habit of iftking proceeding* on acoouhi.of whai appeared in the newipapteni ; that a jnore fallacious *ocount,of,tlie ( pro- , ceeainOT of Tuesday, April #rd, than appeared in tho Cross" of that morning, he had not seen. Xhe ( report said that he could not himself go beyond' the Greek grammar. He distinctly stated that he would not go beyond the Greek grammar. In the report of the proceedings on the occasion of words bemg used by the hon. member for the pensioner settlements towards Mr. Dignan, it was true that a rather extraordinary scene did take place in the monagerio. The words used were " You ore a liar, sir," and not the words as said in tho report, which were, "lean assure you that you are a liar." The report waa cooked for the purpose of hanging on the sub- «^ e \ ,. In hiu ie v l y> *' is Btated that he Baid » He believed that hon. member was capable of voting black was white when it suited his purpose «o to do.' The words he used were these, "from the principle which tho hon. member had enunciated in other words, it was stating that he was prepared to vote black was white when it suited his purpose. ' It was evident that the report had been cooked for tho purpose of hanging on the sub-leader. Mr. Cableton hod been alluded to ; he presumed that the report in the "Southern Cross" had been furnished by the regular reporter. He was not in the House when the offensive words were used by Mr. Keynolds, and could not lay whether that was reported correctly; but could certify from his own recollection that the latter part of the report was correct. He affirmed distinctly that when Mr. Merrimnn first rose he did use the expression as reported ; nor was the expression qualified until after Captain Cooper had ob. jected to it, saying that it was as bad as that which had been used by Mr. Reynolds, and until after he himself (Mr. C.) had called Mr. Merriman to order. Then, a sort of qualification was introduced Even aa to the difference between " could" and " would, "he was satisfied of the correctness of tho report. Mr. Merriman said, that was not the fact, that ho put the qualification after. He was quite cool and collected, and moved the adjournment without any irritation whatever. Ho thought ho was perfectly justified in using tho&o words after what bad fallen from the hon. member. Ho could begin at the beginning of the Iliad with the hon. member, and go through a few books if he chose. [The hon. member quoted the two first lines of the Iliad. Mr. Carleton : go on.] He was not likely to tell a lie to his own detriment. Mr. Mebrxman moved, that No. 55 of the standing ordors be suspended for the purposo of inserting on that day's paper the motions and oiders that wero on the notice paper for last Thursday, which had lapsed owing to there being no quorum. Agreed to. Mr. Merriman moved, that the motions and orders be transferred from the paper of Thursday to that of this day. Agreed to. Captain Cooper asked for leave to alter some of the figures in his motion, in accordanco with tho recommendation of the Committee on Northern roads. Mr._ MebriitaN said, he had no objection to the alterations being made, provided tho hon. member would consent to a postponement of the debate. Captain Cooper said, his object in wishing for leave to alter the sums, was to save the time of tho Council. Tho alterations which he proposed to make, weie in accordance with the recommendation of tho report of the Committee appointed for the purpose of enquiring into the roads repaired by tho Northern Division ; if the alterations were permitted, it would save a debate on the moiTow. Leave having been refused, Mr. Carleton undertook to raovo them formally when the proper time should arrive. 1. Captain Coopek moved, " That a respectful Address be presented to his Honor the Superintendent, asking him to place the following sums on the Supplementary Estimates for tho purposes noted : — Bridges and Cuttings between Brighams Mill and the Lucas' Creek Road £200 0 0 Bush Cuttinga and Road between Otenerun. Bay ,-uid Mahuiangi River 300 0 0 I Punt at Mahurangi 100 0 0 Bridges and Bush Cuttings on Road between Mahuiangi Mouth and Pakiri, including Bridgo at Mata- ■ kana Falls 750 0 0 Bridges and Road between Maungawhai and Waipu 150 0 0 Ho said that his motion had been before them on tho notice paper for the Lost three weeks. The members of the Northern Division had been taunted by other members with being continually battling about, and that they had gained very little for their Division. They had been told by tho hon, member (Mr. Boylan) that the north was invariably neglected for the south. Ho should claim his vote and support for his motion. Those were times when tho advantages of means of communication being open through tho country could be seen. This question had been debated the other 'evening, when he with others were battling for £1000 to be spent in the Northern Division, and after a number of divisions they succeeded in saving that amount from the streets of Auckland. The sum asked waa so moderate, that he did not think any objections could bo raised against it. It was not his fault that the evidenco had not been seen and read ; he would havo moved that it be lead by the Cleik, had not Mr. Squire been absent. It appeared from the evidence of sur- | veyors and settlers best acquainted with tho districts j that the roads recommended were required. The hon. member read from the evidence of Mr. Heaphy, the provincial land surveyor, who, he said, would not be i supposed to be partial to that particular district in supI port of what ho had advanced. It was 'in accordance with the recommendations of Mr. Heaphy that the Committee had brought up its report. He hoped the hon. member for the City would propose the amendments, so as to have the aums altered in order to make it in accordance with the report of the Committee, and he was anxious to save the time of the Council by having it decided at once, and that they woidd see whether the Council would have the works recommended by the Committee, carried out. Ho hoped that hon. members would carry out the words of the hon. member (Mr. Vercoe) that "honesty was the best of policy," and not vote against the amendments. Mr. McKenzie seconded the motion pro forma. Dr. Pollen said, it waa not without somo regret that he had to tell the Council that it was impossible for the Superintendent to assent to such a motion should it be carried. The only means open to the set- ! tiers in that district was to make application for a portion from the grant voted in aid of subscriptions. Tho hon. member himself the other evening cleared away a great portion of the power of the Government to relieve him, by clearing away a portion of the grant. The north road was unfinished, ho believed that when it was, it would be more than what the hon. member wanted, and the Government wero not prepared to divert from the north road, funds on purpose to make branch roads, they wore no more, when a road through the interior hod been surveyed and opened up, and a very large expenditure had already taken place upon it, and very little more expenditure was required to complete it. He mentioned this to avoid discussion, and it might poisibly have the effect of shortening it. He had been advised by the Superintendent to state that he would not assent to any sums being voted in aid of branch roads, unless they were to be met by half subscription. Mr. Carljcton regretted that Dr. Pollen should have departed from the usual form, rising suddenly, and as it were snatching at an opportunity of putting an end to the debate by the announcement he made, though he that an amendment was about to be moved. The proper time for putting an amendment was after the main question had been moved and seconded ; he (Mr. Carleton) was about to do so, when forestalled. It seemed as if Dr. Pollen desired that Captain Cooper's motion, which required some alterations which the hon. member had not been allowed to insert, should remain under a disadvantage. He (Mr. Carleton) had undertaken formally to move tne alterations for Captain Cooper, but would now leave it to that hon. member to say whether he should proceed j intimation having been given that the Superintendent would not comply with the motion, even if it were carried. Captain Cooper intimated his desire that the amendments should be moved. Mr. Carleton proceeded. He had much pleasure in doing anything that could conduce to tho success of that hon. member's motion, being always ready to givo a vote for making roads up the country. He was a city member, and did so in the interest of tho city. It was muoh moro advantageous to the merchants and storekeepers, in a pecuniary point of view, that money should be expended in opening up the out-districts, than in improvement before their own doors. Tho latter wa» doubtless very pleasant, but it brought no grist to the mill. Wherever there was a road drays would travel on it, and those drays would carry up goods. The outcountry districts were the best cus-, tomers to Auckland ; but they must be made accessible. It was the out-country districts also that supplied Auckland with her exports — a matter not sufficiently attended to. At present the large difference between exports and imports was made good out of the capital brought in by new comers, but that was not '& legitimate mode of preserving the balance, nor o ould it last. If it was desired that the prosperity of the city should

~ " , *""'"!' '* \ ; — ' — ; T)e based on firm ground, means must be taken to seoure *}a?ge inorofvee exports. And the best means lie knew wa* io'open up the oufc-di«trict», by which exports would mainly be supplied. He would move the following amendments to the motion.

Mr. Ross seconded the amendment. Mr. Cooi/AHAN said he should vote against both the amendment and the original motion, on principle. They had not the means to expend in local improvements. Ho thought it was unwise for them to interfere with them ; they had passed a Local Improvement Act, giving the settlers the means of effecting local improvements, and it remained with the settlers themselves to say whether they would have the improvements or not. On ' reference to tho last; census return they would see that the population of tho city was five thousand souls, that of the whole of the country thirteen thousand ; and from the indirect taxation which j was paid by tho inhabitants of the city, ho did not believe they received their «bare of tho expenditure. He agreed with the hon. member (Mr. Carleton) that the ! town should derive support from the co\mtry. He objected to voting any money for back roads so long as the main trunk roads were not opened up. Mr. Busby thought that the motion and amendment were a burlesque, as both parties knew that there was no money in the hands of tho Government, and that if there was they would not spend it upon the works for which money was voted, as they had been shewn by the Audit report, which has jußt been put into members' hands, and other circumstances, that the Government did hot care a straw for their votes. Prom that Audit report it appeared that there had been about .£19,000 spent in excess of the sums voted; and some for which no votes had been taken at all. Seeing that, he thought that nothing could be more absurd, or in worse taste, than both the motion and the amendment, as the Superintendent spent the money as he pleased. A discussion aiose as to whether the mover of an Original motion had a right to speak during the debate otherwise than in reply. The Speaker ruled that if the mover spoke on an amendment he lost the right of reply. Debate resumed on Captain Cooper's motion. Mr. Boylan said tho hon. member (Capt. Cooper) seemed afraid of tho question being discussed ; he would lecommend him to withdraw it, as the motion was perfectly untenable until the report ha discussed. He asked who on eaitli knew that the various sums would bo sufficient for the pmpose ' The hon. member put a notice on the paper for certain sums, which he stated would be requiicd for doing ceitain works, got a committee to inquire about the various roads, and that committee had alteied nearly every item. That might be taken as a fair sample of the hon. member's calculations. Mr. Kino &aid he legretted the suggestions of the hon. member (Mr, Boylan) about raising money on the harbour endowments had been rejected by that Council. The settlers, on airiving, found that the Government had no funds to make loads with to their blocks ; and the land was useless without tho roadb. He thought that the evidence given, by Mr. Heapliy — he being Provincial Land Surveyor — should have some weight, as it must be supposed that he was qualified to give the opinion which he had given. He was prepared to vote for the amendment, and to call upon the Government to biing forwaid some scheme to get themselves out of debt. He believed that the fact of the Government being in debt caused unfavourable impressions on tho minds of the immigrants. He thought the passing of the Estimates was time misspent, as they had no funds, and he believed that tho Geneial Government would requiio all the Customs. Ho refened members to the great improvement which had taken plate on the road \ip to Waikato during the last two yearfe, and the great benefit which would eventually accrue from the immigration. He stated his belief that the Local Improvement Act was of no use to country settleis. They had no power to compel persons ■« ho had no title for five years to contribute, j That Act, like the Fencing Oulinauce, wanted altering. He did not know how the Government would get out of their difficulties, unless by diicct taxation — which they lecommended to country settlers, that they might get some of thuir woiks pei formed. Mr. May said that there was no money. The lion, mover had struggled haid, the other night, for the purpose of what he called saving £1000 ; he now sought to get £1300 out of that sum. He believed that Northern I Division had a very available coast road, on which they were in the habit of sailing. He thought when a trunk road was lequhed, it should go through the centre of the district Jle should prefer voting for the sum to be spent in bridging tho streams on the Great North Road — on which Dr. Pollen had told them £4000 or £5000 had been spent in making. The hon. member I must not think that he was to have the £1000 that he had saved, and which he (Mr. May) supposed was done for the good of the Province. He (Mr. May) should want a little for a road to Kaglan. He was not opposed to some of the items,' but if they weie not divided he should vote against the whole. Capt. Cooper, in reply, said that Dr. Pollen had, as usual, told them to get tho half-subscriptions ; this, he had told that hon. member, was impossible, as the Government would not lay off their ronds ; and that the half -subscriptions were, to the settlers, a sham and a delusion. The Gieat North Road was one which, from many points, the natives could veiy easily cut off all communication by it with the town : it was totally unfit for a military road, which was a very important consideration at present. Mr. Boylan should have beon in his place to have heard tho evidence of Mr. Heaphy. That gentleman had, he believed, been appointed by Dr Pollen to lepoifc on the roads required in the Northern Division • ho did so, and Dr. Pollen, personally-/ had promised him that they should be surveyed ; they had not been. He wished the debate to be closed as soon as possible, and reminded the Council that that report was brought up on the recommendations of Mr. Heaphy. Capt. Moir, and others well acquainted with the district, and of the importance of the proposed line as a military load. Amendment put, Council divided :—: — Ayes 10 — McKenzie, Ross, Lorrigan, Carleton, Meais, Kelly, Eeynolds, King, Farrell, Cooper (teller). Noes 10 — Munro, May, Boylan, Merriman, Brennan, Wood, Coolahan. Dignan, Matson, Pollen (teller). The Speaker gave his casting vote with the ayes. Amendment carried. Mr. Carleton moved that an Address be presented to the Superintendent, requesting that copies of all papers and correspondence relative to an Account furnished to the Government from the Waste Lands Office, in which it was alleged that a private bill of the Waste Lands Commissioner, Mr. O'Rafferty, was included, be laid on the table. The hon. member said, that the question he was about to moot involved the abstraction of a paper from the Superintendent's office, under very questionable circumstances. It was also partially connected with tho loss of one of the most efficient public officers tho province had ever been served by. He knew a good deal about the matter ; he believed, the whole ,• but as it was possible that ho might be in error about details, he moved for the production of all papers connected with it. He would tell the Council what he had heard, premising that his statement must be considered as subject to correction, if required, when the official documents should be laid upon the table. For ho assumed that they would be, as a matter of course. The Government could not think of offering any objection. (Hear, from Mr. Merriman.) The Council would recollect tfiit in the year 1857 * Superintendency election took place, and that it was expected to be a contested one. There was a strong expectation that Mr. O'Rafferty, who was then Provincial Land Surveyor, would ba a rival candidate to the present Superintendent. He, (Mr. Carleton), was much disappointed when he found that Mr. O'Rafferty declined to come forward, for, being well acquainted with the feeling of the country, he could undertake to affirm that tho present Superintendent would not have had a chance of success. While it was supposed that Mr. O'Rafferty would stand, that gentleman received an anonomous letter, which he would read to tho Council : — " Yoii have prosecuted a poor devil for pawning a Theodolite ; how would you like to answer for getting things yourself, and charging them to the Government, which you will have to do to your cost." This letter was evidently written by one of the parties to this moHt disgraceful transaction; for none other could have been aware of the invented circumstances. Mr. O'Rafferty challenged enquiry, the result of which was, that he learnt that there was charge in existence against him, of having signed and passed ft public account, as Land Surveyor, which included a private account of his own. The whole account amounted to £1 l(Js., of which £1 7s. was supposed to be private. Tho account was fiom Evitt, tho gunsmith.

Mr. O'Kafforfcy immediately challenged production ,01 the bill, which would prove conclusively that no private items were included. But, the bill had disappeared. Tho ordinary official account, for services performed, made out by Mr. Warner, the draftsman in the Waste Land Office, and signed by Mr. O'Eafferty, was left ; but the voucher, that is to say, the original bill, which had been wafered on the face of it, had been torn away. The wafer waa left ; also, as he was informed, a email portion of the bill sticking to tho wafer, with writing upon it. He believed that the copy of the Superintendent's authority was also removed. Thus, the means of immediate exculpation were taken away, and this on the eve of a Superintendenoy election. He, (Mr. Carleton) desired to be understood as not bringing this charge home to any particular individual. He was stating what he had been told, and desired to see the original documents before coming to a positive conclusion. There were three things, however, which he believed would be admitted :— firstly, that Mr. Brennan, a member of the Government, was in communication with Mr. Evitt about that time; secondly, that Mr. Brennan did copy on account out of Mr. Evitt'a books about that time ; and thirdly, that Mr. Evitt did say to Mr. Brennan that he would oppose Mr. O'Kafferty's election on tho ground of his having settled a private account with public money. Fortunately for Mr. O'Rafferty, although tho exculpating document had disappeared, its place was sufficiently supplied by the distinct assertions of two of tho subordinate officers in the Waste Land's Office, that Evitt's bill had been wafered to the official account ; and that it contained but one item — namely, "for repairing instruments," or, "for repairing a theodolite." Now the history of the Theodolite was this : Mr. Hill, the surveyor, was using it in Queen street; probably taking the city levels. Some person ran up against it, and knocked it down ; it fell with such a crash, that to \ise the surveyor's own words, "he was afraid to look at it, for fear that it should not be worth mending." Mr. O'Eafferty, it appears, thought the charge of £1 16s. for repairing it reasonable, aaid signed the account. But when the charge of including a private account of £1 7s. was made, it was maintained that the cost of repairing the Theodolite waa only seven shillings ; for two shillings out of the nine were for repairing a lock and key. He (Mr. Carleton) had another reason for enquiring into the loss of that document. The Council would recollect that some while ago, a paper connected with the building of Government House — a specification, was ' missing, lost either in the Superintendent's office, or, as ! he believed, in tho carpenter's shop where it waa being worked from. .A great piece of work was made about it, and the Superintendent's newspaper, in its usual style of language, had accused him, or, to speak more strictly, the Government to which he belonged, of theft. " Filching" a document, was the word used. He, (Mr. Carleton) as a, member of the House of Eepresentatives, had been Chairman of the Government House Committee, and had occasion to call up the hon. member at the head of the Executive, Dr. Pollen, for examination. He thought it a good opportunity for ascertaining whether no other document had been lost from the Superintendent's office, and pressed that lion, member as closely as possible with questions whether such was the case. But he failed entirely in extracting the slightest admission ; the witness steadily maintained that he had no recollection of any thing of the sort. So steadily, that he (Mr. Carleton) was bound to suppose that he might be in error as to the fact of Evitt'a bill having disappeared. The whole matter was at last referred to Mr. Beckham, whose decision completely exculpated Mr. O'Eafferty. But that very exculpation fixed a damning charge upon some others, whoever they might be, the contrivers of that plot. If the statement which he (Mr. Carleton) had that day detailed were correct, he must say that as cowardly and as malicious a piece of political wickedness had been perpetrated, by some person or persons unknown, as had been ever heard of, even in that province. Carefully refraining from fixing it upon any person in pai-ticular, he would go so far as to quote an excellent and well known maxim of the civil law, — fecit cvi profuit. Mr. Merrimak seconded the motion. Mr.| Coolahait requested to be informed by Mr. Carleton whether he brought that motion on from any motives of his own, or had been requested by Mr. O'Eafferty. Mr. Carleton said, tho hon. member had no right to put such a question. If the hon. member asked him privately, outside the Council chamber, ho would tell him instantly, but inside he would not. Mr. CoOLAHAN said, how truthful was the saying, "Save me from my friends," and he objected strongly against any man's character being dragged before that Council when the person was not there to defend himself ; he thought it would be very invidious for them to allow it to be done, especially when the mover has not had directly, or indirectly any communications from the individual. He thought it was dangerous. Mr. Brennan said, that as Ms name had been mentioned, he thought it right to speak. He had been under no communication with Mr. Evitt ; but one day, as he was coming into town, he met Mr. Evitt, who told him that a Government officer had committed a fiaud. He asked, which of them, and was told, Mr. O'Raffevty. (Conclusion of debate in our next.)

Bush Cuttings and Bond befcweeen .Otenerua Bay and Mahurangi Eiver £176 Punt at Mahurangi 60 Bridges and Bush Cuttinga on Road between Mahurangi Mouth and Pukiri, including Bridge at Matakana Falls 492 Bridges and Road between Mauugawhai and Waipu 110 Bridge at Omaha 160 Cuttings at Ruiwanga 50 Improving road at Maunghawareme & Waipu GO Ferry at Maungawhai 30 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0