PARLIAMENT OF NEW ZEALAND. HOUSE OF REPRESENTATIVES.

Daily Southern Cross, Volume XIX, Issue 1955, 22 October 1863, Page 3

PARLIAMENT OF NEW ZEALAND. HOUSE OF REPRESENTATIVES.

Wednesday, October 21. The Speaker took the Chair at five minutes past five o'clock.

PBE-EMPTION CI/AIJf. Mr. John Williamson presented a potition from James Coe aiid John Sheard and others debarred from making application for pre-emp-tion claims, by their ignorance of an Act passed by the General Assembly, through living in the bush. Petition read and received.

BTEASI NAVIGATION ACT. Mr. Staffobd presented a petition from tho Directors of the Nelson and Marlborough Postal Steam Navigation Company (limited), setting 'forth that the Steam Navigation Act, passed last session, presses unfairly on tho steamers employed on tho coast and in the rivers of this colony. They therefore pray that the Assembly will amend the Act, by the constitution of a third-class of stumers to meet the circumstances. Petition read and rccoived.

1 PAPERS. Mr. Dillon Bell laid on the tablo a Return to an order of the Houses for copy of any Report from tlio Resident Magistrate, Mongonui, relative to a recent occurrence at Mongonui, connected with the European and Maori crews of the whaling brig ' Prince Edward.' Also, Orders in Council issued under the Native Districts Regulation Act, 1858, and Native Circuit Courts Act, 1858. Mr. T. Russell laid on the tablo a Memorandum on measures of defence in the Northorn Island. Mr. Domett laid on the tablo a Return of the number of acres of waste lands sold, or otherwise disposed of, in the various provinces \ip to December 31, 1802.

MOTION POSTPONED. Mr. Robert Gbaham obtained leave to postpone his motion in reply to the address, to a later poriod of the evening.

PRIVATE GMEVANOE COMMITTEE. Mr. C. Taylou moved, " That a Select Committee be appointed for the session, to consider and report \ipon Petitions upon private grievances, to consist of Mr. Brandon, Mr. Fitzlierbert, Mr. Orncroft Wilson, 0. 8,, Mr. Weld, Mr. Ormond, Mr. Vogel, Mr. Jollie, Mr. Curtis, and the Hon. Mr. Russell." — Agreed to.

PEIVATE BILLS SELECTION COMMITTEE. Mr. Jollie moved, " That a committee of selection on private bills be appointed for the session, to consist of Mr. Fitzgerald, Mr "Weld, Mr. Gillies, and Mr. Atkinson." (Mr. Atkinson being substituted for Mr. O'Rorkc.) — Agreed to.

LIBRARY AND PRINTING COMMITTEE. Mr. Dillon Bell moved, " That a library and printing committee bo appointed for the session, to consist of the Hon. the Speaker, Mr. Fox, My. Fitzherbert, Mr. FitzGerald, Mr, Jollie, Mr. O'ltorlte, Mr. Stafford, Mr. Yogcl, and Mr. Wayne."

HOUPE COMMITTEE. Mr. Dillon Bell moved, " Thab a House committee be appointed for tho session, t\ itli power to confer with any similar committee of the Legislative Council, with a view to promote tke convenience and comfort of members of both Houses ; to consist of Mr. Fit/sherbcrt, Mr. FitzGerald, Mr. Gillies, Mr. Stafford, Mr. Cracroft Wilson, C.8., and Mr. James Williamson." — Agreed to. S^lr. Dillon Bell moved, MThat leave of absence be granted to Mr. Cavleton during tho session};* — It had not been intended, he said, to hold the session so early and, Mr. Cnrleton had gone to England, believing that it would not be held long "before March next, and lie could not have received tho summons to attend. Mr. Stafford inquired whether, in the event of Mr. Carletou returning before tlio end of the session, he would be precluded from talcing his scat by his ha\ ing received leave for the session? Ho suggested that leave should be given from month tomonth, rather than for tliat vraolc session! He hadalso a very strong feeling that in the present critical position of the colony, this House ought to lie very ehai % y of granting J,cave of absence for a whole session. When a 'member was aware that private affairs would render his presence impossible, it was incumbent on him to restore his scat to those who elected him, so that they might not be without a representative. Ho admitted' that there were special reasons for granting leave to the Chairman of Committee, but he was not prepared to say that in any other case, except perhaps that of Mr. 'Crosbie Ward, lie would bo pieqared to grant leave of absence for a whole session. The Speaker said that when a member who had leave of absence returned ami took his seat, the remainder of his leave was cancelled. Mr. Kenall wished to know if any hon. member was in order in askiug leave for the session for an absent member, without showing his authoi'ity from that hon. member to do so. He (Mr. JR.) did not know of any special reasons in Mr. Carleton's case, and did not see how, if this motion were granted, any other hon. member could bo stopped when making such an application. The Speaker said ho was not aware of any rule by which it was necessary that such an authority should bo produced. The decision in any case rested with tho House. Mr. J? O'Neill hoped the House would bear in mind that they were virtually disfranchising an electoral district, and he thought acting in opposition to the Constitution Act. If, as he had hoard, Mr. Carleton's resignation was left with any one, it was a great pity it was not now given in, so that a now member might be elected. Mr. Dillon Bell said lie asked for leave for Mr. Carleton, because thoy must have a Chairman of Committees ; and it was not Mr. Carleton's fault lio was not present, becauso it had been understood that the session was not to be till next March. This step did not disfranchise a district, because the hon. member's seat could not be forfeited till ho had failod in attendance for a whole session. Ho had no ob-' jection, however, to make his motion for a month instead for the whole session, in accordance with tho suggestion of the hon. member for Nelson, Mr. J. Ceacbovt Wilson, said the words of tho Constitution Act were, ' " absent without leavo for a whole session ;" implying, that tho Housoimight grant leave for a whole session. v <Fh.G Speaker directed attention to Standing Ordor 137, which laid down that no member should absont himsolf for more than a week at a time without leave, and that in the ovent of his doing so ho would be guilty of contempt. Several hon. members were at present absent, and it might bo desirable that leave should be obtained for them before the week was up. The motion was then pnt and agreed to.

( > ' CHAIRMAN OP COMMITTEES. ' Mr. Reader Wood moved "That Mr. Goorge Maurice O'Eorlce bo appointed acting cliaivman of Committees during the absence of Mr. Carleton?"'Mi\ O'Eorlce had, lie said, lust session taken Mr. Carloton's place in his absence and filled it, (Mr. Wood) believed to the satisfaction of every member of tho house. — Agreed to,

ENQUIIIY INTO WEfICKS BILL. •"jMCr. R. Wood to more for leave to introduce a bill to constitute Courts of Enquiry into tlio cause o^Wrecks." Agreed to ; and tlie bill whs read a first time, andjhe sceond reading made an order fortlio next sitting day.

MARINE BOARDS ACT AMENDMENT. Mr. R. Wood moved " For leave to introduce a bill to" amend tho " Marine Boards Act, 1862." Agreed to; and the bill was read a first time, and the second reading inado an order for the following Wednesday. ADDRESS IN REPLY TO THE GOVERNOR'S SPEECH. PeathehstoN- rose to suggest aposlponement'x>f this question, when $fyB\Si?EAKER stopped the hon. member, in- ' forming him that there was no question before the House.

M£^&baham then proceeded to '^JUi&vo an : flddross to Jlis Excelloncy tho Governor in *roply to Ws Excolloncy's .speech.^ Itis not my intention, said the lion, member, ,in rising to move r reply to the .address of Jris Excellency the Governor, 'to delay the time of the House with remarks of any length. His Excellency's speech ia in itself so plain that it requires no consideration from lion, members to enable them to agree to what is coutained in it,;. Whatever difference of opinion there may have been in the minds of hon. members on former I occasions with rogard to the necessity of prosecuting the war. I think there is now no difference of opinion in the mind of any hon. member as to the necessity of prosecuting it to a lasting and final conclusion. The recent outrages have been committed by the natives wantonly, and they themselves are to blame for the course they have taken. lam very glad to find that every effort has been made by the Governor to induce the natives to give up that rebellious system which they havo been adopting for some time, and to come back to a botter line of couduct. Although nnsuccessfully, it is satisfactory for us to kuow that he has done every thing in his power to induce them to submit, I myself, howover, as well as several other hon. members have long been of opinion that tho war was inevitable, whatever attempt might be made; that tho had made up their minds that no inducement the Governor of any one else could offer would bring each to a right stato of feeling. They look upon thepakehas and their Governor as animated by fear in what they do, and they wished to try their strength with tho British race. That this war then has been forced upon us by the^tives' own acts, I think every one will admit ; and as we have gone into the war, we havo asked the Imperial Government to assist us.and they have roadilycome forward and takon our part. The assistance rendered by the neighbouring colonies also deserves tho thanks of New Zealand generally (hear hear). I think that this House will cordially grant to Ministers credit for that firm action which they have taken to suppress the rebellion. Since its commencement, they have, in a manner clearly understood by tho country, taken every possible step in their power to bring the matter to a satisfactory and speedy conclusion. I feel satisfied that no other course was left to tho Ministers when they introduced the system of volunteer military settlers. There was no other course open to thorn, to secure the safety of the different settlements, and I heartily approve of fhe course they adopted. Those parties who have been thus introduced into this country, T am gratified to be able to state to this House, have been carefully selected, and are men of good character, that will afterwards be a credit to the country (hear hoar). It is very gratifying to observe tho gallantry of Her Majesty's troops, when they have been engaged with the enemy, and the resolute energy displayed by the volunteers and militia, I think, deserves tho thanks of this .house, for the duties they have had "to perform have been arduous and harassing, in the midst of winter, and accompanied with much privation and suffering (hear, hear). On our aoceptiug the responsibility that is in future to exist between his Excellency and his Ministers, I think it will be a fitting time to make provision that the natives should be represented in the House, not by themselves, but by Europeans selected by themselves ; and, I trust, that such a course will be adopted, so as to show the natives that we, at all events, afford them jus'ticc ; at the same time, that they will be made to submit to British law and authority. I am sure that every member in this House will cordially support his Excellency and Ministers in bringing this 'war to a final and succossi'ul conclusion ; and lam satisfied that no better system could be adopted to show the natives 'that they must not in future interfere with her Majesty's subjects, by shooting them down whenever they think proper, than making them give up a portion of their lands, — thus making them feel that we havo a way to punish their aggressions. Thoforco now in the country and^xpected shortly to arrive, will, I trust be of suSfctHwiaturc as speedily toln'ing the matter to a conclusion ; and, 1 hope t that when it is dono this time, it will bo for evbr. I have now the honor to move the following \ddress, in reply to his Excellency's speech : '

vjSlay it please Yottr Excellency^ — #^We Her Majesty's most dutiful and loyal subjects, the House of Representatives, in Parliament assembled, tender ocr thanks to your Excellency for tlio speech with which yonr Excellency has opened the present session of the Goneral Assembly. " "We learn with regret that the resumption of a block of land at Taranaki, which had long previously to the lato war beon peacefully occupied by our Bettlers. had resulted in an unprovoked murder b3 r the natives of a small escort of Her Majesty's troops; that the Wailcato tribes had endeavoured to form a general combination of natives, with the avowed object of the indiscriminate slaughter of the European inhabitants of the colony ; and that, although frustrated in their plans of attack xipon Auckland, they havo_ as&inated out-settlers, and soldiers engaged on escort duty. recognise that your Excellency has made every endeavour to leave the 'natives no ground of complaint, and (o deprive them of every pretext for rebellion ; and we regret that no means have been found oilectual to induce thorn to relinquish their schemes of conquest and plunder. i'\\Ve cordially unite with your Excellency in a grateful recognition of the promptitude and liberality with which 'the application to the Imperial Government for additional militnry assistance has been responded to, and in thanking the Australian Governments, and especially the Governor of Tasmania, for the military aid rendered Ly them to this colony. "We also, together with your Excellency, beg to express our acknowledgement for the services rendered by her Majesty's naval and military forces in this colony, and to record our admiration of the conspicuous gallantry, on every occasion the war has hitherto afforded for its display, of tho troops under their distinguished General ; and of tho zeal and devotion eminently displayed by the settlers of the provinces of Auckland and Taranaki in thoir cooperation with her Majesty's troops, and in tho endm-ance of hardship and privation. '/We receive, with an anxious desire to settle tho question on a satisfactory basis, your Excellency's intimation that her Majesty's Government has decided that responsibility for native policy and for the administration of native affairs should be placed upon tho Goneral Assoinbly. * "We assure your Excellency that it is our earnest wish to co-operate with your Excclloucy in the suppression of the present, and in the prevention of future rebellions, and in the advancement of tho interests of both races in these islands ; and any measures laid by your Excellency before us with those objects shall receive our most serious attention. ' ', r ¥o join your Excellency in the prayer that our counsels may, witli the blessing of Almighty God, tend to tho deliverance of tho colony from its present difficulties, nnd to tho permanent welfare of all its inhabitants." •9?he Speaker said the proper course for the hon. member woiild be to movo that an address bo presented to Vs Excellency in reply to his Bpeecsh, and attach the 'address in an infinitive form. It would then be formally referred to a committee who would put it into shape, and on its being again brought up, tho House would have another opportunity of discussing and amending it. Mr. Rhodes seconded tho address with great pleasure. <;;}' Tho Speaker read it. .« , . „ , Dr. FEATimisTON, in rising to propose an adjournment, hoped it would bo distinctly understood that he did not do it with any intent of opposing the'addi'ess, but on the distinct and simple ground that it appeared to him unfair to onter upon such an ' important discussion in tho absenco of so many members. Little short

of half the members of .this House he believed were not present. Many were absent owing to pressure of public business, and others owing to a break down in steam communication, ana others in consequence of vacancies in representation not having been filled up. Amongst those absent were some of the most leading men in the Houso, and to whose opinions both tho Houso and the country would deservedly attach great weight. Every one of those (members, he believed, would bo at his post on the arrival of the mail steamer from the South. He suggested therefore to tho hon. member at tho head of tho Government, that he should consent to the postponement of tho present motion till this day wook, but at the same time consent to go on with the ordinary rontino business oi the House, and bring through their first stages whatever measures tho Government had to bring before the House. He (Dr. F.) did not believe that any communication Was ever made by any Governor of a British colony " of so much importance as the address made by his Excellency in opening the present session. He did not believe, that, in the history of any colony, so many questions of such grave and serious importance were ever submitted to the consideration of any .legislature as those which were now brought before this House, in order that they might express their opinion and pass, he trusted, a calm and deliberate judgment upon them. For his own part, the gravity of the questions themselves, the magnitude of the interests they involved, aud, what ho could not but consider, the consequences that might arise from a false step, made him deeply anxious to have time to consider and carefully weigh the proposals of the Government, and to make himself acquainted with tho evidence on which they were based. That evidenco was contained in a mass of documents which would require some days simply to peruse — much more to thoroughly digest. He did not liimself believe that any-inember of this House could be more | desirous that these bold and comprehensive proposals which had been submitted to the House should undergo the strictest scrutiny than his hon. friend at the head of the Government. He was the author of them, and his reputation would probably stand or fall by them. It appeared to him (Dr. Featherston) that those proposals had been the result of long and anxious thought ; tho ability displayed in the various memoranda testified that the hon. gentleman at the head of the Government had reflected deeply upon the maladies that afflict this colony, aud had satisfied himself that the treatment he proposed was the correct one ; and upon that very ground the Assembly was entitled to claim a reasonable time to consider and weigh those proposals before it was called upon cither to reply to them or sanction them. And another reason which ought to weigh with the hon. members was this — that this "reply, instead of bein^, as was usually tho case, a mere echo of the speech, committing this Houso to nothing, did to some degree commit the Houso to a hearty approval of the past proceedings of the Government, and also of its future policy. Now, ho would submit to the hon. members that an approval snatched in a House shorn of nearly half its members was not an approval worth having — that instead of ensuring that unanimity A\hich he thought most desirable, and obtaining for his Excellency's Government that co-operation which he thought was essential to the Government of this colony during tho present crisis, it was calculated only to irritate and evoke opposition. He therefore trusted that for these reasons, and many others that would readily present themselves to the minds of hon. gentlemen, tho hon. member at the head of tho Government would consent to postpone the further dibcussion of the present motion until this clay week, by which time he belie.ved every.'j member from tho South would be present. Ho begged to move that the debate be adjourned to this day week. Mr. FitzGkrald seconded the motion. He did not think that on ordinary occasions it was a conclusive argument for not proceeding with any business usually proceeded with at this period of the session, that many hon. members were not present in the House who might have been present, having had sufficient notice to attend ; but his hon. friend had stated two or three reasons which conclusively, as it scorned to him, showed that many. members now absent, could not possibly have ticcn present on the E resent occasion. Some, it appeared, had been ept by public business which they could not neglect, some by vacancies in representation, — wliich he might incidentally say it was, to say the least of it, curious the Government had not displayed a little more activity in filling up. If the object of tho motion made by his hon. friend were to delay the business coming before tho TTouse, ho for one would be no party to it, but ho was sure tho Houso would agree with him that it would be much more convenient to take one debate far all, on tho question involved in the general policy submitted to tho Houso by tho Government ; and that so far from delaying business and lengthening the session, the course proposed by the hon. mover of the amendment would, on the whole, tend to facilitate llio business before the House ; i. ei> by postponing the address, they would take one debate on tho general past policy of the Government, and then be [in a position to turn their minds, free from any difiiculty whatsoever, to the measures the Government were going to propose for the future. He hoped tho Houso would consent to postpone the consideration of this question. Mr. Domett said it was not without gratification he learnt that the measures alluded to in the address were measures of great magnitude, md involved a large interest, He was not at all sorry to hear the hon member for Wellington call them tolerably comprehensive, for it was rather a good omen as to the course which lie would take in future, whenever they should be discussed. It was because the Government were fully aware of the immensity of those interests and the depth and difiiculty of tho question involved in them, that they had proposed the sort of reply to tho "address which had been laid beforo tho House, and they certainly had thought that in framing that address, they had done it so as almost to commit the House to pass no opinion whatever, except the prosecution of the war, and on that subject ho believed thcro would be scarcely one dissentient voice in this House. The\ddress had been particularly framed with the object of enabling tho House to adopt it at once, and leave to futuro opportunities the discussion of tho several topics contained in it. However, if it appeared to any hon. member that the affirmation of tho proposition woxild require any expressions of opinion without sufficient time having been given to"consider that opinion, and to discuss everything in favour of or against it, tho Government could have no hesitation whatever in granting further time for tho formation of that opinion. Tho Government would, therefore, consent to postpone the discussion to the day proposed. The Government of course would wish to have the opinion of all the most influential members of tho House, to elicit an expression of opinion which might be considered that of the whole colony, and therefore had not the least hesitation in postponing the motion until other hon. members had arrived. With regard to the remarks of the hon. member for Ellesmere about the vacant seat, he assured that hon. member that not a moment's time had been lost in issuing tho writs after tho resignations were received ; but somo hon. members sent their resignations first to the Government, Jfrom whom they had to be sent to the Speaker, and come back to the Government beforo writs could be issued. Mr. Jollie remarked that if at tho end of the weolc hon. gentlemen had arrived, and then required another woek on tho ground that they Avero not propared to give their opinion without time for consideration, &c, he should certainly object to havo that further week granted. Mr. JrCnAcnoFT Wilson said it would not become him to oppose tho postponement which, tho Government had consented to, but he must put on record his protest against a custom which ho saw prevailing throughout this colony.

It was Kfots— that the .time of men who leffcjheir affairs, nnd" icame 'to" th«"AsTtembly'"6ii*ther i day' fixed' in' tho'yyoblatnation, *was to be •wasted for a fortnight or threo weeks, while other mouthers remained at home to attend to their affairs, which thoseAJn embers 'who attended 'to their duties wore neglecting, (H eftpp-be&r.) It was now a common occurrence for hon. members, on receiving the \>roclfimation,' to say, " Oh, 1 it's no use going for the first two or three weeks; nothing of importance will be done." Members had been now called together at a period most detrimental to their being called away from their homes and avocations, and they should not be kept longer than necessary ; but he himself would take notice of this on' Monday next, when the first week would hare expired, and bring to tho notice of the House the names of those members who were absent without leave, that the House might detormino what course shduld bo adoptod with reference to them.' some remarks from Mr. Otbaham and [Mx. J. (/.-Richmond, tho debate was adjourned to next Wednesday.

WRITS FOR ELECTIONS. The Speaker mentioned that some delay had been caused in the issue of tho writs for Akaroa and Heathcote, by his being unfortunately absent from Nelson at tho time the resignations ■were sent to him, but ho lost no timo in forwarding them on his retnrn.

COLONIAL DEFENCE FOHCE BILL. Mr. Domett moved for leave to bring in a bill to amend the " Colonial Defeuce Force Act, 1862." Agreed to, and tlip bill was read a first time, and the second reading made an order for the next day.

superintendents' enabling bill. Mr. Domett moved for leave lo bring in a bill to enable Superintendents of Provinces to take and hold land as bodies corporate. Agreed lo ; and the bill was read a first time, and the second reading made an order for the next day.

STEWABT S ISLAND ANNEXATION HIM. My. Domett moved for leave to bring in a bill to annex Stewarts Island in the colony of K"o;v Zealand, to the province of Southland. Agreed to ; and the bill was read a lirst time, and l;he second reading made an oi'der for the next day.

PROVINCIAL COUNCILS BILL. Mr. Domett moved for leave to introduce a bill to enable Provincial Councils to make laws affecting public roads and watercourses. Agreed to ; and the bill was read a first time, and the recond reading made and order for the next day.

LAPSED NOTICES OF MOTIONS. The following notices of motion standing in Mr. Domett's name, were allowed to lapse :—: — " Forleave to bring in a bill to enable the Governor to establish settlements for colonization in tbe northern island of New Zealand." " For leave to bring in a Bill for the suppression of the rebellion which unhappily exists in this colony, and for the protection of the persons and property of her Majesty's loyal subjects within the same."

ADJOUBNMEKT. Several notices of motion having been given, on the motion of Mr. Domett, the House adjourned at 10 minutes to seven o'clock, until twelve o'clock this day.