THE OPENING ADDRESS.

Hawke's Bay Herald, Volume 1, Issue 35, 22 May 1858, Page 5

THE OPENING ADDRESS.

SPIRIT OF THE DEBATE,

Negotiation' of the Loan. — The second paragraph of the address referred to the half-million loan. But he could not find in it any definite statement that the arrangement with the Union Bank had been achially completed. Neither did he think that any such statement was intended. For he knew that on the 16th of January last, the engagement had not been completed for want of a compliance with the terms of the Loan Act. Among papers to be laid on the table by the government would bo found a despatch of July last from the Secretary of State, which would shew that the ministry had made a mistake — an oversight, in not sending the Governor's requisition or wan-ant for the money in time, thus hindering the completion of the arrangement. — Mr. Carleion.

Negotiation 01? the Loan. — In reference to the doubt which the lion, momber had expressed as to the accuracy of what his Excellency had been advised to say Avith respect to the loan, he need only say that what was stated in the speech was literally correct- Under the arrangement entered into with the Union Bank a considerable sum — £10,000 — had already been received by the Government here, and about £IGO,OOO or £170,000---more was to be paid in London on the Ist of this month. It was r.ofc likely that a Bank of such prudence as the Union Bank would pay so large a sum without being satisfied as to the finality of the arrangements. The hon. member might possibly think that the arrival or non-arrival of the Governor's requisition to raise certain sums would aifect the arrangement ; but it was not so, the arrangement would hold good wht-thcr the formal request as to any particular sum had or had not been received ; and in this case the Government had been so fully alive to the importance of sending it home in time that a requisition for £300,000 had been despatched before it was even known that the A;>ts guaranteeing the loan had been finally passed. This requisition would reach home last February, for special care was taken to forward it via Marseilles ; and to enable it to be sent by the December Mail, a special bonus was paid for the conveyance to Sydney of the mail by which it went . — 21 r. S-lnffbrd.

Amendment of Constitution Act. — It was also dwelt upon, as a remarkable omission, that nothing was said about amending the Constitution Act. "Why, two-thirds of the speech referred to it, in the announcement of measures for amending the electoral law, for rcgui.iting elections, and a variety of other matters. But if the hon. member meant that there was no hint given of an intention to produce an entirely new Constitution out of the black box of the Secretary cr the Treasurer, he could only say it was because there was no intention on tlu part of the Government to deal with the Constitution Act, beyond amending those details which require amendment, and not to overthrow or repeal the entire Constitution. TH3 was how their ancestors worked, adhering to tho principles of constitutional liberty inherited from their forefathers, mei'ely making such alterations as the experience of ages has shewn to be necessary. The Government would be giu'ded by this well tried practice. He contemplated only proposing special amendments, for special purposes, in their constitution of government, which contained a most ample measure of liberty. — Mr. Stafford. Amendment 01? Constitution Act. — Large powers of amending the Constitution Act had been conferred by the Home Government, but no mention was made of the course the ministry intended to adopt in regard to them. Hiatus max' ime dejlendus. It was possible that the ministry might be unwilling to enter upon such important questions with so small an attendance of members ; but he would remind them that there was no certainty of a better attendance, at the next session. — Mr. Carleton.

The Taeift. — Upon the subject of the Tariff the Government announced their intention of remedying what they called its "imperfections." If they were acquainted with public feeling . on the subject in the Southern Provinces, they would hardly have been satisfied with so mild a term. The system of collecting duties by measurement appeared to him altogether objectionable. Its pressure upon articles of different classee.'waa most

unequal, and upon articles of the same class, the coarser and more bulky they were, and therefore the less able to hear taxation, the more heavily they were taxed. He was sorry to find that Government proposed to adhere to the principle of tonnage duties ; the instances of injustice to which it gave rise were almost endless, aud could not be jirovided against by any modification of the pre6ent plan. — Mr. Hall.

The Taeipf. — He did not agree with Mr. Hall that the country condemned the principle of tho present tariff. At "Wellington, though the tonnage duty was objected to, no disposition had bet n shown to return to the old ad valorem duty ; they rather seemed inclined to knock off duty altogether, reserving only some 8 or 10 articles upon which a fixed rate should be levied. He would also observe that at a public meeting held at "Wellington, the opinions expressed were entirely opposed to the conclusions arrived at by the Chamber of Commerce. — Mr. Richmond.

Intek-Peovikcial Steam Communication. — A saving on one item, that of steam communication, had. been effected at the cost of immense inconvenience and injury to the inhabitants of the colony, especially of the remote provinces. It was almost impossible to overrate the inconvenience and the difficulties to which the absence of anything like inter-provincial postal communication exposed persons of all classes, nor the embarassinent to those engaged in carrying on tlie work of Government. Important- communications were replied to in periods varying from one to six months ; one of the best officers of the General Government, in his own province, assured him that he now received answers from England in less time than was sometimes required to obtain official answers from Auckland. If the government had really been unable to obviate this state of things, they would be exonerated from blame, but it would be incumbent on them to shew that they had done their utmost to provide against it. — Mr. Sail

Provincial Control over Administhation op Justice. — There was no mention of any intention, on the part of the ministry, to redeem their great error of the last session, — their abandoning a portion of the crown's control over the administration of justice to the Provincial Governments. He had never held but one lanjruage in that House. He

had always urged that justice ought to be uniform from one end of the colony to the other — that in its minutest details, it should be administered directly from the Crown. Justice was the duty, even as mercy, rightly called the brightest jewel in the prerogative, was the privilege of the Crown. Moreover, the Crown was trusted by the people ; and Superintendents were not trusted by that very people who elected them. For the people knew that a Superintendent was necessai-ily a party man ; that he must have fought his way into power — that he had adherents to provide for, enemies to conciliate, and his own re-election to secure. Even should lie rise superior to those considerations, he would not obtain credit for doing so. He protested against the interference of Provincial Executives with justice, either directly by appointing its administrators, or indirectly, by holding power over their salaries, and appointing subordinate officers. — Mr. Carlelon.

Relations between General and Provincial Governments. — He regretted to find no mention in his Excellency's Speech of the course proposed to be adopted by the Government in respect to the relations of the General and Provincial Governments. In some Provinces certain powers were held 'and exercised by the Provincial authorities, in others again the same powers were being exercised at the same time by both Governments. Great uncertainly and confusion existed upon the subject.— Mr. Kail. Relations between Genebal and Provincial Governments. — A complaint had been made that no indication had been shown of taking steps for the adjustment of relations between the Provincial and General Governments. He thought that the powers of the Provincial Governments could be best defined by the action of the General Assembly. The best means of limiting the powers of Provincial Councils would be by doing what was necessaiy themselves and net leaving it for othcxi to do. They had no idea of stopping other people from doing that which they were afraid of doing themselves. — Mr. Richmond.

Disallowance of Waste Lands Act. — He thought that the inconvenience of the disallowance •was not entirely without remedy. There might be some advantage. He thought it possible still to legislate for the provinces, in matters relating to the land, so as to give them substantially the advantages conveyed by the Waste Lands Act, with more security from the danger of abuse. But the provinces must go upon faith that the spirit of the understanding woiild not be violated. He was becoming more and more alive to the danger of allowing the provinces to enact their own regulations. That power had been abused ; a restless spirit of change had been manifested and it was notorious that promises in regard to land regulations were made the pivot of electioneering operations. — Mr. Corleton.