THE GENERAL ASSEMBLY.

Hawke's Bay Herald, Volume 1, Issue 35, 22 May 1858, Page 4

THE GENERAL ASSEMBLY.

The Legislative Council met on Monday the 19th April, the Speaker and nine members being present.

A petition from upwards of 300 residents of Hawke's Bay, praying for separation from the Provinco of Wellington, wa3 presented by Mr. Cm-ling.

The Attorney-General, seconded by Mr. Tancred, moved — 1. That a Committee be appointed for the Session, to be called the Standing Orders Committee. 2. That it be the duty of that Committee to prepare such Standing Orders as they may from time to time deem advisable to be adopted by the Council. 3. That the Committee do report on the 22nd April next, and from time to time as they may see occasion, or be required by the Council. 4. That the Committee be authorised to communicate with any Committee appointed by the House of Representatives, with a view to the adoption of Standing Orders, to regulate the mode in which this Council and the House of Representatives shall confer, correspond, and communicate with each other. 5. That the Standing Orders Committee consist of the following members : — The Hon. Mr. Swainson, the Hon. Mr. Tancred, the Hon. Mr. Blakiston, the Hon. Mr. CutScld, and the mover. Motion affirmed.

Mr. Tancrcd, seconded by Mr. Swainson, moved that a Committee be appointed to meet a Committee of the House of liepresentatives for the purpose of making arrangements for the comfort and convenience of members of the Council and House. The Committee to consist of the Hon. Mr. Menzies, the Hon. Mr. GtiinUan, and the mover. Motion agreed to. "A Bill to authorise the Bishop of New Zealand to convey certain hereditaments and premises to Trustees, to be appointed in that behalf by the General Synod of the Church of England in New Zealand," was read a second time, and committed, Mr. Swainscn entering into a long and lucid explanation of the intents and purposes of the Bill. The first clause was read and passed ; but the Chief Justice having demurred to the second, the further consideration of the Bill, after some little discussion, was postponed till Thursday.

The "English Laws Bill 1858," and the "Naturalization Bill 1858," were read a third time, passed, and ordered to be presented to the Representative Chamber.

The -'Absent Debtors' Bill 1S58" was passed through Committee with various amendments and ordered to be read a third time next day.

On Tuesday, the 20th, there were present the Speaker and twelve members.

Petitions were presented by Mr. Cutfield from the Rev. Mr. Sohneider and Dr. Kingdon of New Plymouth, the first praying amendment of the Marriage Act as far as relates to the German Protestant Church ; the second, -which was unsigned and could not be received, was in reference to compensation for certain expenses incurred in journeys to and from Auckland.

The petition from Hawke's Bay for separation from the Province of Wellington, presented tha previous day, was, on the motion of Mr. Curling, ordered to be printed.

The "Absent Defendants' Bill 1858," the "Absent Debtors' Bill 1858," and the "Unstamped Instruments Bill," were respectively considered in Committee, reported, and ordered to be read a third time on Thursday.

On Thursday, the 22nd, there were present the Speaker and twelve members.

The "English Laws Bill" was returned by the House of .Representatives, having passed that Chamber without amendment.

The "Interpretation Bill," which liad passed tho House of Representatives, was transmitted to tho Legislative Council, where it was read a first time, and ordered to be read a second time.

The Attorney-General objected to answer a question put to him by Sir Osborne Gibbcs, on the subject of the disallowance of the Waste Land Act. His reply could only convey an expression of opinion, which he ought not to be called to give. The Speaker entirely concurred in the view of the subject taken by the Attoi'ney-General.

Leave was given to the Attorney-General to bring in a Bill to amend the law relating to drafts on Bankers. Eead a first and ordered to be read a second time on Monday.

Council again went into Committee on the Bishop of New Zealand's Bill, which was strenuously and earnestly opposed by the Chief Justice, who strongly deprecated the passing of an Act, which, he reviewed in the most searching manner, and which lie regarded as extremely detrimental to the best interests of the Church of England in New Zealand. A prolonged and animated discussion ensued, in which Mescrs. Swainson, Tanored, and the Attorney- General spoke in support of the Bill, and Major Kenny, Sir Osborne Gibbes, and Mr. Gilfillan against parts which they considered susceptible of modification and amendment. The Bill, nevertheless, passed through Committee, was reported without amendment, and ordered to be read a third time on the morrow.

The 'Absent Defendants' Bill," and "Unstamped Instrument? Bill" were read a third time, passed, and ordered to be transmitted to the House of Representatives. After which Council adjourned till Monday at 2 o'clock.

to consideration of a series of amendments of which lie meant to give notice. Council having divided on the question that the Bill he re-committed on the morrow, the lists were found to be equal : — Ayes, Major Kenny, Sir Osborne Gibbs, Messrs. Gilfillan, Curling, and Menzies. 5 ; Noes, Messrs, Swainson, Blakiston, Cutfield, Tancred, and the Attorney- General, 5. On a question where the opinion of the Counci 1 was so strongly divided, the Speaker said he could have no hesitation in voting for tlie re-committal of the Bill.

After several notices of motion had been tabled, the Council adjourned.

On Tuesday tlie 27th there were present the Speaker and twelve members. Leave was given to the Attorney-General to bring in a "Bill to establish District Courts in the Colony of New Zealand •," also a "Bill to regulate the Execution of Criminals." Both Bills were read a first time, and respectively ordered to be read a secon d time on Monday and Tuesday.

The Absent Debtors' Bill was read a third time, passed and ordered to be transmitted to the House of Representatives. The third reading of the Interpretation Bill wa3 postponed till Thursday. The Coroners' Bill, and Naturalization Bill, amended, were presented by a deputation from the House of Representatives, for the concurrence of the Council.

The Coroners' Bill was read a first time, and ordered to be read a second, time on Thursday ; on -which day the amendments in the Naturalization Bill were ordered to be considered in Committee.

Major Kenny moved that a "BiH to authorise the Bishop of New Zealand to convey certain hereditaments and premises to Trustees to be appointed in that behalf by the General Synod of the Church of England in New Zealand," be re-commit-ted.

After some observations from Mr- Swainson, and a few remarks from Major Kenny, the Council again went into Committee, when the following series of amendments, of •which notice had been given by Major Kenny, were successively proposed and carried, after having been debated with all the anxiety and earnestness which a measure so important to the best interests of the Church of England and the members of that Church in New Zealand, so much required. The great objection to the Bill, on the part of its opponents, was that whilst it professed to be merely a Trastßill, it was in reality a peg on which to hang a New Zealand Church Constitution Bill — a Bill which, as Sir Osborne G-ibbes emphatically observed, seemed as if it were sought to be smuggled into Council under the cloak of an entirely different measure. The Chief Ji'stice in eloquent and forcible terms deprecated the passing of such a Bill, as it was calculated to entail very serious consequence at a future and perhaps not veiy distant date.

The Attorney-Genera], Mr. Swainson, and Mr. Tailored spoke with equal energy in support of the Bill — but Major Kenny, whose opinions "were strengthened rather than shaken by (he discsssion, pressed his several amendments, which were as follow : —

Preamble — That in the sixth line of the Preamble the following words be omit ted, "a copy whereof is hereunto annexed."

Clause 2. — That the worcU "said Constitution," in the fifth line of clause 2, bo omitted, and that the following words be substituted : — Schedule hereunto annexed."

Clause 3. — That all words after the word "in," in the eighth line of clause 3, be omitted, nnd that the following words be substituted : — 'the Schedule hereunto annexed.'

Schedule. — That the Schedule, from clauso 1 to clause 7 inclusive, as printed at page 6 of the Church Constitution, be annexel as the schedule which embraces the entire copy of the Church Constitution at present annexed.

On the amendment in the third clause, the Council divided with the following result. — ?or the amendment, Ayes, Major Kenny, Sir O.>borr.e G-ibbes. Messrs. Giifilhm, Curling, Salmon, and the Chief Justice, 6; Noes. Messrs. Swainson, Cutfield, BliVkiston, Menzies, Tailored, and the Attor-ney-General, 6. The Chairman »aye his eastingvote with tlie Aypp. And on the motion of Mr. Gilfillan, reported progress, and obtained leave to sit again on Thursday.

After several notices of motion given, Council adjourned.

On TrrtrasDAY the 20th, there were present the S | leaker and eleven members.

The "Bankers' Draft Bill" and the "Interpretation Bill," on the motion of the Attorney-General, were both read a third time, passed, and ordered to bo transmitted to the House of Representatives.

On the motion of the Attorney- Genei'al, who prefaced the measure with a full and satisfactory explanation of its objects, the "Coroners' Bill" was read a second time, passed in Commit tee through its several clauses with a few alterations, and with the insertion of two new clauses. The Bill was then ordered to be printed, and its third reading made an order of the day for Tuesday.

On the motion of the Attorney-General, the amendments which had been made by the House of Representatives in the Naturalization Bill were considered and adopted. And as there were several other persons desirous of being naturalized, the Bill was ordered to be held back to enable them to forward their applications. Council again went into Committee on the Bishop of New Zealand's Bill, which furnished a subject for renewed and anxious discussion. After considerable debate, Major Kenny moved that the amended schedule, proposed by him, be adopted, at the same time expressing a hope that some hon. member would move that the Bill be recommitted, in order that the third clause might be expunged, and the schedule considered clause by clause.

' Major Kenny's motion having eventually been put and affirmed, the Council resumed ; the Bill was reported with amendments, and its third reading made an order of |he day for Monday.

In the course of the day's sitting,' a "Special Partnership Bill," passed by the House of Ke^rc-

sentatives, was presented to the Council by Messrs, Caiieton and Oilivier.

In the House of Representatives on Tuesday, April 20, tliere were the Speaker and sixteen members present.

Mr. Stafford having obtained leave to bring in a Bill to regulate the appointment and duties of Coroners, the Bill was read a first time and ordered to be printed.

Mr. Richmond obtained leave to bring in a Bill to regulate the collection and management of the Customs revenue. Bill read a first time and ordered to be printed.

Mr. Oilivier moved for the establishment of one General Asylum for the reception of persons of unsound mind from every part of the Colony ; and in doing so toot occasion to pay a merited tribute (from personal inspection) to the careful and humane manngement of (he Auckland Asylum by Dr. McGauran, which is far in advance of those of the other Provinces. The motion was seconded by Mr. Beckh.im and supported by Messrs. Merriman, Hall, and Stafford ; but, eventually, at the suggestion of Mr. Hall, Mr. Oilivier withdrew the motion before the House, and gave notice of a fresh motion for referring the subject to a select Committee.

Mr. East withdrew his motion for a copy of Major Murray's letter to the Resident Magistrate at New Plymouth on the subject of Ihaia's application for protection from the Government, — Mr. Stafford having stated that it would bo prcrmture to lay that and other documents before the House at present. Mr. East's supplementary motion for a copy of the instructions transmitted to the Resident Magistrate, in connection with the Proclamation against the unlawful assembling of armed natives was absented to, Mr. Richmond stating that the natives were paying respect to that Proclamation.

Mr. "Williamson postponed his motion for referring the petition of L. Bcrlowilz to a select Commiltce, in consequence of some inaccuracy in the statements it contained.

Mr. Carleton resumed the adjourned debate on the Address in reply to his Excellency's Speech.

Mr. Daldy, after moving, and then withdrawing his motion that the reply be considered in Committee of the whole House, spoke on the original question.

Mr. Stafford reviewed the criticisms of the Member for the liny.

Mr. Hall, whilst objecting to portions of the reply, offered no opposition to it as a whole.

Mr. Packer enforced the urgent necessity of due provision being made for an efficient system of in-tei'-provincial steam communication.

Mr. Richmond having replied in general terms ; and Mr. Brodic having delivered a few remarks, which were disposed of by Mr. Stafford, the Address was put and carried without a division, the Speaker being instructed to present it to his Excellency, accompanied by as many members as could conveniently attend.

The sccontl reading of tlie Special Partnership Bill was postponed.

The Interpretation Bill was committed, and passed through its several stages. And the House adjourned a little before 8 o'clock.

On TVeditesday, the 21st, the Speaker intimated that lie had presented the reply of the House to his Excellency's Address, and that a gracious answer had been returned.

Mr. Stafford, in reply to Mr. Carleton, saii it was the intention of the Government to introduce an amended act on the "Land Claims Settlement Bill" this Session.

Mr. Stafford obtained leave to bring in a Bill for raising a Militia within the Colony. Those intended to serve would be selected by ba'lofc. The Bill was read a first time and ordered to be printed. Its second reading was made an order for next sitting day. Mr. Stafford abo obtained ' leave to bring in a Bill "for preventing desertion and othay misconduct of seamen belonging to foreign ships." Bill read and ordered to be printed. Mr. Cargill moved that in the opinion of this House the business of the Session ought to be proceeded with with vigour, .and without holding back Government measures until after the ai rival of new. members. The hon. member made pointed allusion to the necessity of providing for in-ter-provincial communication by means of sailing vessels until steamers could be substituted

i\lr. Stafford thought the Government had already given proof of willingness to cany out that resolution. Twenty seven bills had already been introduced. Every effort had been made to secure steam communication. One vessel, tiie White Swan, had been secui'ed for two years at £6000 a year, and Mr. Sewell was actively at woz-k in England with the view of attaining that desirable end. After a few observations from Messrs. East, Hall, Daldy, and Richmond, in favour of the spirit of the resolution, the matter dropped.

On the motion of Mr. Ollivier, a select Committee was appointed to inquire into the expediency of establishing a General Asylum for the insane from every part of the Colony.

The following Bills were r( ai a third time and passed : — "Election Writs Bill," "English Laws Bill." The "Naturalization Bill" was deferred till next sitting day. The "Special Partnerships Bill" was read a second time and ordered to stand over. The "Customs Regulation Bill" was read' a second time, and referred to a Committee next sitting day. „

On Thursday, Ihe 22nd, before proceeding to the business of the day, the Speaker called the attention of the House to the fact that a breach of privilege -was involved in the second clause of the ''Election Writs Act," passed -on. the preceding diy, by giving the Governor the power to accept resignations and issue writs — so ceding one of the most important rights and privileges of the House. After considerable discussion it was agreed that the motion fo? a conference with the other Chamber on the subject be postponed till next sitting day. Mr. Stafford obtained leave to bring in a Bill to regulate the Postal Service of New Zealand, by which all existing laws on this subject are propo-

sed to be superseded. Bill read a first time and ordered to be printed. Mr. East moved for a copy of certain depositions taken before the Eesideut Magistrate of S"cw Plymouth relative to certain natives acting in direct opposition to the Proclamation published in the New Zealand Government Gazette of 12th February, 185 S.

Mr . Eichmond said if the document was in the possession of the Government it should be supplied.

Mr. Hall brought fonvard a motion that communication between the Provinces be provided by means of sailing vessels until efficient steam communication can be established. The motion, after a few remarks, was agreed to.

The Militia Bill was read a second time and committed, and passed through committee with the exception of two clauses which were postponed for further consideration, leave being granted to sit a»-ain on Wednesday.

A deputation from the Legislative Council — the Attorney-G-eneral, Major Kenny, and Mr. GriLQllan — were introduced with several Bills that had passed that Chamber, and in Avhich the concurrence of the House was recmested.

The "Naturalization Bill" was read a third time and passed, and ordered to be transmitted to the Legislative Council.

The "Special Partnerships Bill" was committed and pi*occederl with as far as clause 8, when progress was reported and leave given to sit again on "Wednesday. The "Coroners' Bill was read a third time and passed, and ordered to be transmitted to the Legislative Council.

The "Customs Regulation Bill" in Committee Laving been postponed till next week, the House adjourned.

Ox Tuesday; the 27th, there were present tho Speaker and sixteen members.

A variety of returns relative to Customs at tho several ports of New Zealand, in the year 1557, were laid on the table by Mr. Richmond.

A petition fromupwai'ds of 300 residents of tho district of Hawke's Bay, praying for separation from the Province of Wellington, was presented by Mr. Carleton. The petition was received and ordered to be printed.

A petition, from Bishop Pompallicr, praying the introduction of a Bill to vest hi him and his successors full povrer to manage and dispose of the ".Roman Catholic in the City and vicinity of Auckland, was presented by Mr. Beckham.

Mr. Stafford gave notice to aik for leave to bring in a Bill to regulate the duties of iSlieriiis and Gaolers.

Mi-. Stafford stated, in reply to Mr. Hall, that it was the intention of Government to bring in a Bill to amend the Harbour Regulations Ordinance.

Llr. Sta/Tord obtained leave to bring in a Bill to ascertain and define the boundaries of the several Provinces of IN T ew Zealand. Bill read a first t ; nv, ordered to be printed, and read a second time next sitting day.

In reply to Mr. Graham, Mr. Stafford said that the Government had more than once endeavoured to extinguish the native title to the land at Coromandel, and had offered five times a larger sum than they had given for any other land ; but they had been thwarted at every step by the interference of ill-disposed and evil-minded Europeans. Mr. Preece was not the only- person acting on behalf of tho Government. Messrs. McLean and Jieaphy had both been engaged in such negocialions, but their efforts had been frustrated in the marn.rhc had stated. Government had no intention to depart from the system of direct purchase from the natives — any system of leasing would only complicate difficulties.

Aft era warm discussion, in tho course of which Mr. Stafford deprecated the introduction of local controversies inlo that Hou^e, Mr. Broclie withdrew his motion for copies of correspondence relative to tho appointment of Mr. "\Y~ayhnd as Clerk to the lies ; dent Magistrate — also in respect to the Lit Census — the issue of the far-famed "binary" writs for tho Suburbs, and three other returns. Mr. Daldy pressed for, and hU motion was carried, for the production of all correspondence relative to The dissolution of the late Auckland Provincial Council. Mr. Lee's motion fey documents transmitted by tho Resident Magistrate to the Registrar of the Supreme Court on the 11th March, was assented to. Mr. Merriman, in compliance with Mr. Stafford's suggestion, withdrew his jnoiioii, slating that he had only moved in the matter because lie wished •the House to bo in possession of all the correspondence relative to the appointment of Mr. "Way land, the Census, and (he Binary Writs.

The orders of the day having been called, the Election "Writs Bill -was ordered to be rc-commit-tcd; the Speaker explaining, that lie had discovered that the Bill could be arrested in its course to the other Chamber, as it involved a breach of the'privileges of the Hoiise.

On the motion of Mr. Stafford, the Xew Zealand Post Office Bill "was read a second time, committed, and considered as far as the 21st clause j after which the House adjourned.

On "VYEDifnSDAY, the 28th, the Speaker and sixteen members were present.

The nevrly elected City member, Mr. Forsaith, was introduced by Messrs. Stafford and Richmond and took the oath and his seat.

■ Mr. Richmond laid on the table copies of deposition taken before the Resident Magistrate at JN r ew Plymouth, in the case of information laid by Walter Morison against certain natives. : Mr. Stafford, in reply to Mr. East, said that the G-overnment had in contemplation the introduction of a Merchant Seaman's Act during the present session.

Mr. Beckham obtained leave to introduce a Bill to authorise the sale of lands on the North Shore, and to enable the Roman Catholic Bishop to invest the proceeds in a more available situation. The Bill having been read a first time, on the motion of Mr. Beckham, -was referred to a select committee to consider and report upon. Report to be brought up on Tuesday.

Mr. Stafford obtained leave to bring in a Bill to amend the law relating to the Appointment and Duties of Sheriffs and Gaolers. The Bill -was read a first time, ordered to be printed, and read a sec >nd time the following day. One of its features is that Sheriffs shall be appointed by the General Government.

Mr. Hall having moved that an address be presented to the Governor, requesting a sum of £200 be placed on the Estimates for the purchase of books for the Library of the General Assembly, after some littb discussion the sum, at the suggestion of Mr. Richmond, was fixed at £300, and, with this amendment, the motion was put and j: assed.

The replies from her Majesty to the Addresses from tlie House in its last session, on the motion of Mr. Stafford were ordered to be printed in the Journals of the House.

On the motion of Mr. Ollivier, copies of correspondence which may have taken place between the General and Provincial Governments in reference to the boundaries of the several Provinces of Xew Zealand, were ordered to be laid on the table.

The House having gone into Committee on the Electoral "Writs BiJl, and the breach of privilege which it involved, Mr. Clifford explained the difficulties that might arise in the issue of a writ for a vacant seat, when the House was not in session, in the event of the death or absence of the Speaker. The G over nor,in his opinion, in such cases was the best person with whom to entrust the privileges of the, House. Having read the amendments he proposed, and after several clauses had been altered, progress was reported and leave obtained to sit again the following day. The Millilia 33 ill passed through Committee ; when, the Chairman having reported progress, the House adjourned.