Provincial Council.

Lyttelton Times, Volume IV, Issue 171, 15 April 1854, Page 9

Provincial Council.

TUESDAY, April 11, 1854. Members present —Messrs. Taiicved, Bowen, Cookson, Rhodes, Cass, Dumpier, Packer, Bealey,. Hamilton,.and Rev. WVAylmer. Prayers were read by Rev. O. Mathias at 4 o'clock. In the absence of the Speaker, Mr. Bowen having been called to the chair, Mr. Tancrkd rose and requested the clerk to read the letter of instructions from the Superintendent to the commissioners, and their report on the best means of communication between the Port and the Plains. These documents having been read, Mr. Tancrbd then said, as had been promised, this report was laid before the Council, and they would no doubt agree with, him that the report was a very able one. It. in fact, contains so much valuable and new matter, that the Government were not prepared with any definite proposal. There is one of the lines, that through Gollan's bay and Suinner valley, by means of a tunnel, which is not estimated for, but which would not be so expensive as the large tunnel. This offers so many advantages, and yet piesents so many objections, that it will require much consideration; as it would doubtless be a disappointment to the people of Lvttellon should the harbour be at Gollan's bay. His Honorthe Superintendent is going to Auckland, and the Council will not meet till his return, when he will call them tog-ether, and when lime will have been afforded to consider the several lines mentioned in the report. He then-begged to move that the report be laid on the table, which was accordingly done. Mr. Tan-cued then laid on the table some correspondence with the English Agent, a despatch from the General Government., and a communication on steam navigation. The Speaker read the assent of His Honor to the following-; the WakeQeld Road, the Cattle Trespass, the Appropriation, and the De- j bentures", Ordinances. Mr. Dampibr presented a petition from- the inhabitants of Lyttelton for a grant to repair the roads already'in existence in that town. It need hardly be'said that it is the highway or entrance to'the whole settlement, and yet such was the state of the roads, or streets, that there were no means of getting- a cart from one em of Lyttelton to the other. The Pennon bad been "signed by one hundred and twenty <>f the inhabitants, which will give it such weight >«' the opinion of the Council that this House

will be inclined to send ii to His Honor with a recommendation that £200 be granted for the object specified. He felt it to be his duty to put forward this case as strongly as possible ; it may be stated that much has been expended on the Port, but it would not be lair to say that the expenses incurred before the colonists arrived should be a cause for withholding a grant at present. At this late period of the session he might be considered out of order in pressing it on the house, but he hoped it would be recommended to the Superintendent to make pro. vision for the repairs alluded to before the approaching winter. Mr. Rhodes seconded the petition. Mr. Tascbed did not wish to take advantage of a point of want of order, but it is the first time the Council has heard of this petition, and voting away the funds of the Province without any previous notice is opening the principle that the money arising from the sale of lauds 100 miles distant, was to be expended not where these lands could receive any benefit, but for the benefit of Lyttelton. That was the object of the District Commissioners' Bill, that the people of Lyttelton might rate themselves for public works which they were the best judges of the necessity for. It was the intention of the Superintendent to prorogue the Council to-morrow, and the hon. Member might give notice to-day, of his intention to move to-morrow the resolution in question. Mr, Dampier moved that the Petition lie on the table, and gave notice that to-morrow he would move a resolution on the subject. (The Speaker having arrived, Mr. Bowen left the chair.) Pre-emptive Rights. Mr. Dampier had given notice of a resolution respecting the Pre-emptive rights, which at this period was of great importance. (The Resolution was printed in our. paper of the Ist hist.) Theoriginal contract between the Canterbury Association and the land purchasers gave a territorial right to purchase that which they had obtained a right of pasturage to. The Canterbury Association was the agent between the Crown and the land purchasers, and they put the seal of both parties to that contract ; those contracts must be maintained by the Crown, and no doubt would, as he felt sure the Crown would maintain its faith with as much earnestness as the Parliament would maintain' its faith in England. The first purchasers of land are asked to wave something, as it has been recommended by a resolution passed in this house, that two pounds per acre should be the price of land similar to that for which they paid £3: they were then granted a pre-emptive right over 250 acres for every 50 purchased. At the time the emigrants came from Englaud, there was no discovery of gold, no surplus capital, but now parties are capable of purchasing these lands over which the pre-emption was granted, and there is only one mouth allowed to holders of these rights" to realize the money at present invested in stock. We are entitled to ask that more time be given to them to complete the purchase of their pre-emptive rights, and by exteniling the period to seven years, Government would be able to calculate what would be the annual income for that period. It has beeu suggested that such application should not be made at present,.but lie apprehended this is the ! time, before the General Assembly meet: for if the holders are restricted to one month it is in point of fact abandoning the pre-emptive rights altogether. Mr. Packer would go as far as he could to second the hon. member, but he could not go the whole way with him, though he would^ go much farther than him on one point. The Canterbury pilgrims were granted the pre-emptive rii»-lits," and those of them who hold pastoral ruus should not be disturbed by these millionaires; he remembered a letter having been written by one of those Australians, who said he was very sorry for the poor pilgrims, for they weie only making the beu for then) to He down in. Now he (Mr. Packer) would like the poor pilgrims to have a comfortable nap in the bed they have made. It is a question the Council, aie'quito equal to deal with, and the colonists ;ire entitled to. One man may come ami lay oat £-10 or f>o,ooo pounds in lniying up n vuu,. while the holder of that run, though able to purchase it by instalments, having his capital invested in sheep, would be unable, within a month., to raise the necessary sum to purchase.

Mr. Tancuud requested the cleik to vend ;<• letter lie hud laid on the lable, from the Coio^

vial Office, which having been clone, he observed that the object of reading that letter was to shew that the feeling of the General Government is to transfer the management of the Waste Lands to the Provinces ; it would, he thought, be hotter to wait, as the Provincial Government would have the power of doing what is right and proper on the subject. Still he would not conceal from the hon. member that he differed from him altogether. The pre-emptive right only lasts so long as the Canterbury Association's rights last; once these are extinguished, all other rights are extinguished except those over freeholds. It was expected three years ago, that one hundred thousand acres would annually have been purchased; so there really wa not so much diffeienee as might be supposed. The Canterbury pilgrims bought lands upon distinct terms, and the change of circuvnstauces does not affect their bargain ; the idea was always entertained that the land would revert to the crown, and that the pre-emptive right would cease. If circumstances have made their bargain a bad one, it is their own fault ; at the same time every holder will have the right of leasing the land till he can pay the purchasemoney. Mr. Hamilton said this question had been mooted among the members of the Government; there had been no remissness or neglect on their part; one Clause of the draft Land regulations adopted by the Council had been framed expressly to meet the case of pre-emptive rights, and in fact offered the holders of them a more advantageous position tban their present one. If these rights are, as the hon. member says, indefeasible, —rights holding good at law between the Crown and the subject, then this Council need not be asked by him to interfere— for it has not the power to do so effectually—-and the subject has ample protection under the law. He believed the rights were enjoyed by a. very small body of individuals. The hon. member has not borne in mind that the original purchasers expected a great change would take place in the country after their arrival,; that fifty or a thousand acres would be sold annually; the holders of pre-emptive rights would have been out of the field altogether, or had to buy long ago, had this expectation been fulfilled. He objected to creating a fresh set of interests on protectionist principles, among a small class. As purchasers we were not the only persons to be considered in erecting safeguards against the dangers of Australian gold-owners. Were the broad question brought forward, hovy the whole settlement was to be secured— pre-emp-tive right holders, day labourers, sheep farmers and all. he wi-uld most willingly discuss that. Mr. Dampier only proposed to ask for the persons who hold the rights an extension of time. Although the Canterbury Association has ceased, it was the agent of the Government; and lie asked simply, that Government should give time for making those purchases instead of paying down on the nail ; he asked the benefit foreveryonewho wasalandpnrchaser.The rights have been handed from one to another, and will pass, to use a lesjal term, as a common engross, when it is absolute ownership. Every boua. iide purchaser having a right to ask that which the Government have undertaken to give, it would induce many to be purchasers. He did nut ask it for a portion, but for all who purchased any land. Our Superintendent is going up to the General Assembly, and it is just the lime to enable him to stale the opinion of the Council, although the hon. gentleman on the Treusurybencl. states tbe time has gone by. ' Mr. Taxcked then proposed the following amendment, which was seconded by Mr. Hamilton : —'' That in tbe -opinion of this Council, in case the administration of the W <ste Lands be handed over to tbe Provincial Government, in any new regulations regard ought to be had to the rights of those who hold rights of pasturage." He Tancred) was not one of those who th'ingiit the I'ilgri us bad sacrificed themselves; lie did not think be had sacrificed himself ; perhaps the hon. member for Lyttelton had sacrificed himself: most persons thought it a very "-nod speculation. If a persoss came out to do some g eat work, to benefit the country ii: some ureiit way, be would be entitled to something from the Government, a. medal perlwips. imt he did not think pre-emptive rights were to be grantc! f>r such pen ices. The oinenihricut wasti'ui put and carried by a large inaji>nty. Mr. T.vNCi'i.p rnovpfl that the amendment be tran^::rt'-d to His. Honor the Superintendent, which was agreed to.