EUROPEAN INTELLIGENCE.
(From the Correipondent of the « Sydney M. Herald.'] Some explanations were given in the House of Lords regarding the circumstances attending the attempted fraud of the party who contracted to supply the army with hay for the horses destined for the East. Fortunately the fraud was discovered in time, or the horses might have perished and our troops have heen rendered useless. It is dreadful to think how grave might have been the consequences if the fact had not transpired in time, that the contractor had sent bundles of hay, in the interior of which was some of the greatest filth possible ; decayed vegetable and animal matter of the worst kind. In the first instance, the Government mentioned the name of the contractor to be Sturges, but it proves to have been Thomas Sturgeon and Son, of Grays, Essex. At first it was supposed that the law could not touch Mr. Sturgeon ; but Lords Campbell and Brougham last night decided otherwise- The Solicitor of the Treasury has been directed to mdcc full j enquiries, and if the facts are such as to warrant a prosecution, to proceed against the party or parties immediately, If, in the present state of the law, they cannot be prosecuted with any prospect of success, Sir James Graham intends to bring in a measure which will meet such cases in future. The Government have resolved to put down the movement at Preston amongst the operatives. A charge of conspiracy has been laid against several, and they have been apprehended.
The seamen of the North appear resolved to force their employers to give them higher wages. The men want £7 and the owners offer £6 per man for a London voyage. The " Colonial Clergy Disabilities Bill" was read a second time in the House of Commons after some considerable discussion. Mr. Crowder has been appointed a judge, to succeed the late Mr. Justice Talfourd. The Cholera has again appeared both in. England and Ireland. * It is stated that on the 15th of March, couriers were despatched simultaneously to Vienna from Paris and l.ondou, with despatches to the Austrian Government, calling upon the latter to join the allied powers in executing against Russia the protocol signed by the representatives of France, England, Austria and Prussia, at Vienna some time back. The answer received is to the effect that the Austrian Government is ready to sign all the protocols which guarantee the independence and integrity of Turkey, but it refuses to accept any engagement binding itself to any act in furtherance of this result. In other words, Austria proposes to be neutral. Austria reserves to herself full liberty to do whateyer it may consider advisable in the interests of Germany. If this be the true state of affairs, it is to be taken as evidence that Russia is still de facto the ruler in both Austria and Prussia. The population of Prussia appears to be decidedly in favour of the cause of Turkey and that of the Allied Powers. Gre»t preparations are to be made in the Northern part of the kingdom on the entrance of the English fleet into the Baltic; the Prussian Government is necessarily uneasy at this. The treaty of the triple alliance between France, England, and Turkey was signed on the 12th at Constantinople. The Sultan recognises the right of property to the Ray ahs,and grants other concessions to them. The treaty will be published at Constantinople after the arrival of the allied troops. The triumph of Russia in the Court of Berlin is said to be complete. An alliance offensive and defensive has been concluded between Prussia and Austria. Rumour says that it is extremely threatening to both France and Engiand. The " Panama route" has been abandoned for the present, in consequence, according to the report of the Directors, of the high price of coal and the lowness of freights. 3 of the vessels constructed for this company have been sold to the French emperor, and the remaining 2 have been taken up by the English government for the conveyance of troops to the East. In the Baltic it is thought that we shall soon have news of warlike movements. Sir Charles is not likely to hesitate in his course of action. He purposes making an instantaneous attack, if he comes near to any detachment of the enemy's fleet, which is divided into three detachments. Greece. —The accounts from Greece are very alarming. The whole country is said to be on the eve of joining the insurrection ; and the King and Queen, though not openly taking a part on the same side, are suspected of encouraging the movement. This fact, together with the news of the passage of the Danube by the Russians, is looked upon as gravely complicating the state of affairs; and it is feared that the English and French troops will arrive too late to stop the progress of the Russian arms, seconded as they are by the treason of Greece. Turkish reinforcements have arrived at Arta. Grivas has liberated Delphino. In Thessaly and Epirus the battles were without result. The Turkish ambassador has demanded hit passports and left Athens.
appear that any Act interfering with the Royal Instructions would have to be referred to the Crown, for approval. We could not but advise his Excellency to reserve such'a bill. The case however will not occur, for the Executive Council established by the Eoyal Instructions is in exactly the form which all must agree to be most desirable. That is to say, it consists of the personslacting in the capacity of heads of departments for the time being with such other persons as his Excellency may deem to be capable of advising him. Sir, this bill will, in our opinion, carry into full effect the great principla of which we have already got so large an instalment, the principle of responsibility, because the heads of the government offices being appointed by and holding office at his Excellency'o ploncuve can at any time be removed to admit others whose policy is more in accordance with the opinions of the houses of the legislature. The next subject upon which we propose to legislate is the power and jurisdiction of the Provincial governments. And we propose to deal with this subject not only by legislation but by administration. We propose first to repeal all the Empowering Ordinances of the several Provinces. I suppose all will admit that it is eminently desirable that the same degree of power should be exercised by all the provincial governments and that a uniform system should prevail throughout all. The object therefore of repealing these laws is not to curtail the powers of the Provinces, but to create a uniform system throughout New Zealand. The main principle by which we have been guided, is this, —to consolidate the administration of government throughout the colony, in many cases extending the powers of the Provinces, at the same time enlarging the controlling power of the general government, putting an end to conflicting authorities of the gevernment in the Provinces, and as far as possible incorporating the provincial governments into the general government. (Hear, hear). "We therefore propose to divide the powers of government into three classes. The first to be exercised solely by the general government; the second, to be retained in the general government but with a power of delegation at discretion to the Executive of the Provinces, a power of delegation which we shall advise his Excellency largely to use: the third to be vested in the government of the Provinces alone. I shall not now enter upon the details of the measure—l am only stating the general principle by which we propose to be guided. At the same time we do not propose to interfere with the forms of the Executive Government of the several Provinces; fully admitting the desirableness in the abstract of reducing the forms of the local Governments to one model, yet considering that the circumstances of the several Provinces are widely dissimilar, ' and that from the Ordinances passed in each, they are not prepared at present to adopt the same form ; it appears on the whole to be wiser not to interfere with existing arrangements. The powers of the Provincial Governments ought to be the same as regards the General Government ; while the forms of the local Governments to which those powers will be confided may vaiy in each Province. Whilst speaking of the government of the several Provinces, I will allude to a Bill which we propose shortly to introduce to determine in whom the administration of the office of Superintendent shall be deemed to be vested in the event'of the absence or death of the Superintendent of any Province. And into this bill we propose to introduce a clause declaring that, in the event of the office or Officer administering !he Government of the whole colony devolving upon the Superintendent of any Province, the Government of that Province shall be administered, for the time bc;int>; in the same m;inn<?r as though the Superintendent were absent <ir dead —the Superintendent resuming his iuiicuons upon the government of the colony a.iraiii pussing from his hands. Sir, I now' turn to the next subject of unpovtance—l mean the disposal of the Waste Lands of the Crown. And this, too, is a subject which I shall have to treat under several distinct beads. First we must deal with the cases at present in dispute —we must quiet the titles about which doubt still exists: secondly, we must acquire land irom the natives; (Hear, hear) and thirdly we must dispose of land which has properly become waste lands of the Crown by the extinguishment of the native title; and fourthly we must deal with the public reserves. I will take
the third point first, the disposal of the Waste lands. And here again I shall not go in the past, I shall confine myself solely to the future. How shall we dispose of the waste lands in a manner most beneficial to the colony ? We are all agreed that the disposal of the lands may be virtually given up to the Province. And the question is in what manner, and under what conditions and restrictions ? By the Constitution Act, the Provinces are especially prohibited from dealing with the waste lands ; and as the Constitution Act cannot be altered in this respect without reserving the law for the assent of the Home Government, a most injurious delay would be incurred if we were to pass a law directly transferring the management of the waste lands to the Provincial Legislatures and Governments. There is, however, a way In" which tlie same end muvbe attained withoutviolating the Constitution Act. Although the waste lands may not be given over to the Provinces they may be given over to the Governor, and the Governor may be empowered to dispose of them under the advice of the Superintendents and Provincial Councils in each Province. The result of such a law would be in effect that each Province would determine for itself the regulations under which it would wish its lands to be sold or otherwise disposed of—which regu*lations might be adopted in the form of a resolution by the Provincial Council, and approved of by the Superintendent. Under the Act we propose to introduce, it will then be competent for the Governor, with the advice of his Executive Council, to issue out regulations for that Province. This will have the same beneficial result as though the Province had the power of dealing with the lands directly by Ordinance. But in some respects it will have a better effect, because it is not impossible that some Province, in a moment of excitement, —where so small a body of men as a Provincial Council are likely to be strongly acted on by local influences,— may make sudden and rapid alterations in its systems of sales of land. The reference to the General Government would have a tendency to remove this danger without placing any undue check on the proper action of the Province. I am, therefore, of opinion, and I should be prepared to advise his Excellency that, after land regulations have once been issued upon mature deliberation by the advice of a Province, they should not ajrain be altered until they have been laid before the General Assembly (bear, hear); We are also prepared to propose that the Provinces should be restricted as to price, and that no lands should be sold at less than a minimum price of ss. an acre ; beyond this, it would be competent for a Province to fix. any price it pleased, to sell either by fixed price or by auction, and to make every regulation it thought desirable (cheers). But legislation is one thing and administration is another. The appointment and control of officers is one of the most important questions in the management of the waste lands. Now this cannot be given over to the Province by enactment, because the Constitution Act especially declares that.the Government is authorised and required to pay all the expenses incident to the management of the lands. Yon will note the word "required,'1 which seems to forbid him divesting himself of his responsibility in this matter. But what can not be done by law may be done by an act of administration. And we shall advise his Excellency to delegate to the Superintendents of the Provinces the \vhole authority to make, all appointments and generally to transact the whole land business in his Province, acting in all cases in accordance with the advice of the Provincial Council. The bill will also include an authority to the Superintendents to issue conveyances of land (hear). Next, with regard to the Public lleserves, we propose to vest them in the Superintendents for the time being of the Province in trust for the purpose for which they have been reserved, giving to the Superintendent and Provincial Council the power to alienate and otherwise alter the lands from the purposes of such trusts by-Ordinances to be passed in that behalf. This will of course relate only to reserves made for local and municipal purposes. There must always remain to the General Government a power to reserve lands for various purposes, principally for purposes of military defence, and for the offices of the General Government, for Custom-houses, and so on. With regard to the quieting of titles to land, I am not prepared to state at this moment the manner in which we shall propose to deal with the question generally. I may say, however, that we con-
sider some Act is necessary to set at rest for ever all outstanding difficulties, and to quiet all existing doubts as to titles (hear); And this seems clear—'that when the General Government, on. behalf of the Crown, are taking- so important a •step as that of virtually conceding- to the Pro-' vinces the general .management of the waste lands, it ought to hand over the lands entirely clear, if possible, of all previous claims, and unaffected by all previous transactions (cheers).' The exact mode, however, in which we shall' treat this question is not vet determined. I now come to the last point connected with the waste lands—-I mean the acquirement of them from the natives. And I know <>i" no question which .occupies so large a'space in the consideration of the future progress of this cp'ony (hear). Upon the satisfactory solution of this question' alone, will depend . whether the occupation of New Zealand is to keep puce with the demand, for a sphere of colonization which,- although accidental circumstances may check it for short' periods, is increasing- at a steady rate of progression throughout Great Britain. Twill trouble the house by entering somewhat more into detail in this than oil any other subject, because it involves a spirit of policy most important to the northern portion of New Zealand. I mean whether the Government are prepared to admit the principle of waiving the pre-emptive right' of the Crown in purchasing land from thenatives. Sir, I will assume that there is no real' desire on the part of the people of Auckland to' have the right of pre-emption for'its own sake (hear). What they want, and what they must have, is land. You must have it if colonization is to go on at all (cheers). But I will assume that if the settlers can get fond in the present legal method^ that is, by purchase from the Crown, they would rather get it that way than by purchase from the natives (liear, hear). I am not of course speaking of men who regard laud solely as' a commodity to be bought, like any other article of trade, for the purpose of immediate resale at a large profit. Those men of course would like to get land any how and with any title. Ido not think we are bound to legislate for that class. We must deal with the bona fide settling, occupying class, with men who want land in order to reclaim it, and make it profitable.- And I think, Sir, that1 the real interests of the colonists would not be consulted by waiving the pre-emptive right of the Crown (hear, hear): t find, upon inquiry, that, speaking in i jund numbers —speaking from information derived from a gentleman whose experirience in these questions is well known—l mean Mr. M'Lean—there are in the Province oE Auckland about 14,000,000 acres, of which not more than 800,000 have been in any way purchased from the natives; and that about 7,000,000 acres might, in the course of a few years, say about 5 years, be purchased and thrown open for sale. In the Province of Wellington there are about 10,000,000 acres, over 3,500,000 of which the native title is extinguished. About 2,500,000 more could be purchased. In New Plymouth there are 4,000,000 acres, and not more than 60,000 acres are recovered from the natives. 2,000,000 more could within a few years'be procured. In Nelson there is but one claim left on which a sum of money is to be paid ; the whole of the rest of the Province is clear of native claims, except D'UrviUe's island, winch,from its mineral wealth, ought certainly to be acquired as soon as possible. In Canterbury and Otago, I believe there is little or nothing which is not yet purchased, or in the way of purchase. On the whole, there are between eleven and twelve millions of acres which ought to be purchased, and might be purchased from the natives in a very few years. OF the remaining portion it may be said that it is wholly unoccupiable country, composed of mountains and rocks, or of dense forests in the interior, or. else that it lies in parts thickly peopled by the natives, who would not dispose of it all. At all events, we need not trouble ourselves about it for many years to come. We shall have done enough if we can see our way to bringing twelve millions of acres into the market in the course of the next five or six years (hear). The task is one entailing vast labour and enormous expense. But, sir, it is one which, in my opinion, the colony ought immediately to commence; because the value of the land is daily increasing in the estimation of the/natives, and therefore if not purchased now, the expense at a future (j time will be greatly increased (hear). It requires two things—a supply of ready money, always at hand, so that advantage may be taien
of the favourable moments in which to complete bargains with the natives ; and a large and organised stuff. The sum of ready money may amount to £500,000, the cost of the staff from ' £6000 to £7000 a-year. There is one very important view of this question, namely, that, as Mr. M'Lean conceives, a very considerable part of the money paid to the natives for the land would be spent by the natives themselves in the re-purchase of the land under the Crown regulations, in order that they might acquire individual titles under Crown Grants, and the right of sale which they would then possess to the Europeans. This money would therefore immediately return again into the treasury chest. 'Again, the remainder would be wholly spent among the European population, thereby giving 'such a stimulus to trade that the Europeans Svould also buy land from the Crown. Again, by immediately selecting the best sites at the mouths of rivers and harbours fov towns and villages, an artificial value might be given to particular spots, which would render the land revenue raised by the re-sale enormously large. ,The debt is one which would thus be repaid almost as soon as incurred. The two subjects, then, which we shall have to bring before you in detail, are, first, the constitution of the Native Secretary's department; 2ndly, the raising of a loan on the security of the public revenues. It is probable I may ask you for power to raise a considerable loan in the present year—the whole • £500,000 of course will not be wanted at once. Indeed, it is quite possible the raising of a much smaller sum may give such a general impetus to land sales, that the land fund itself may supply the remainder of the funds required to carry on the native purchases (cheers). Whilst upon this subject, I should say that we propose to establish a separate department for the conducting of all active affairs under the management of a Native Secretary, who will probably be placed on the civil list. One great branch of this department will be that for the purchase of lands; but we propose that all native questions shall be managed through this department, and that it shall be responsible for the expenditure of the £7000 a year, reserved in the civil list for native purposes. The next \ question to which I shall refer is that of reve- * 'xiues and finance. There are two classes of I measures which are necessary in matters of « 'finance —permanent laws and temporary laws. ) Before the passing of the Constitution Act, the I public revenues of New Zealand consisted of | the general revenue and the land revenue. .In £ the general revenue was included all the sums 1 of money collected by any public accountant I under any law or ordinance in force within the J colony. Becently another subdivision has been U made by several acts of the Provincial Coun•i oils, by which certain parts of the general reve- ,- nue has been made payable to the Provincial Treasurers of the Provinces, without passing into the general account of the colony. They may now therefore be said to be general revenues, provincial seventies, and land revenues. r The first thing to be done is to correct an error t_ in the Constitution Act, by which it is assumed I that all revenues is raised under acts of the i General Assembly. It is obvious that the proI visions of the Constitution Act do not apply to | the existing revenues, which are raised under I existing laws and ordinances. Our first step, | therefore, must be a declaratory enactment, that | certain existing revenues in New Zealand shall I betaken and deemed to have been raised in H virtue of acts of the General Assembly. This It will bring the present revenues under theopera--4 tion of the Constitution Act. It will form the 1 basis of all additional proceedings. There are, f the house will observe,two courses which might "I be adopted. We might either enact that all I revenues from all sources should be brought into I the general chest, and be subject to re-distribu- § tion to the Provinces in the manner named in 1 the act, or we might at once pass certain reveI nues into the Provincial chests, declaring them 4 not to be Her Majesty's revenues, within the i meaning of the act. For, by the Constitution I Act, all which is termed Her Majesty's revenues t must issue solely under the Governor's warrant; , | and therefore must come into the general chest. jjj There are advantages and disadvantages in both n these plans. But on the whole we think the |j balance is in favour of distinguishing the Reve[j| nue into two classes, and bringing only certain under the Constitution Act, for purposes fj of general account. And we are mainly led to fI this conclusion by the consideration, that un- [ lless any very decided benefit were to be
gained, it wonld be unwise to disturb an arrangement which has already been in operation in many of the Provinces, and has worked most satisfactorily for nearly a year.(hear, hear). We shall then submit to you a Bill which will enact that all revenues collected through certain departments named in the schedule,namely—the Customs, the Land Department, the Supreme Court, and the Post Office, shall be taken and deemed to be Her Majesty's Eevenue of New Zealand, within the meaning of the Constitution Act, and shall be paid into the general chest: whilst all other revenues collected under any laws or ordinances shall be deemed to be Provincial Bevenues, and shall be paid to the Provincial Treasuries. Any future taxes or imposts levied under tlie acts of the General Assembly or of a Provincial legislature"would be disposed of in the manner directed by the special act imposing it. But with regard to the administration of the public revenues, we propose to make some important changes. According to the present practice the receivers of public revenue —such, for example, as the Collector of Customs—pay themselves the expenses of their several departments, and only pay the net balance into the Treasury chest. That is a bad plan. We propose in future that all revenues collected on behalf of the General Government shall be paid in gross to the Subtreasurer of the district, who shall pay all the servants of the General Government in his district or province, according to warrants directed to him by the Governor in that behalf. In that way the passage of every penny, from its collection to the general chest and thence to its final destination, will be readily traced (hear, hear.) With regard to the Land Fund, I have already observed that his Excellency is required by the Constitution Act to provide for all the expenses contingent on its collection and management. I have further stated that his Excellency will delegate the authority to administer the lands to the Superintendents. In accordance with this, instructions will issue to the Sub-Treasurers of Provinces to pay such expenses out of the land fund, as he shall be authorised and required- to pay by the Superintendent of the Province. The Sub-Treasurers will then receive credit in their accounts for all sums issued under the instructions of the S.uperiutendents and the disbursements will be passed into the Governor's final warrant, and the accounts will be laid before this house. Sir, I have endeavoured to develope a plan which will, I conceive, fully preserve the rights and the power of the General Government, whilst it not only does not invade but gives wider scope for the action of the Provincial Governments. I have been speaking of permanent laws with respect to finance. I will now allude to temporary laws. I mean for the appropriation of funds for the service of the year.. Sir, the house is aware that no money has been appropriated to the service of the General Government since September 30. The public funds have been expended since that time, partly in accordance with permanent enactments, partly no doubt without any legal sanction. We propose to pass a Bill of Indemnity for that expenditure, but we cannot do so up to the present time, because the accounts not coming in from the Provinces for some weeks after the expenditure, we could not ascertain the sums expended at the present moment; we therefore propose to take a day up to which we can ascertain the whole expenditure of the General Government: the most convenient day is the 31st of March. We shall then ask for a bill of indemnity for that expenditure for s>ix months, The expenditure since that day we propose to include in the estimates for the current year and legalise them by including them in the appropriation bill for the year. And we shall lay before yon estimates on which the appropriation bill may be founded, for fifteen months, that is, from "the Ist of April, 1854, to the 13th of June, 1855. It will probably be found most convenient for the General Assembly to meet annually towards the close of the year, say in April, May, or Jane, that being the time when the members can best afford to be away from their homes. The accounts for the past year from January to January will then be complete, and can be laid before you, whilst the estimates for the coming year can be made up from June to June. Amongst the bills which will he laid on youv table at an early period will be one for providing a retiring allowance for life to the present officers of the Crown, in the event of their retiring from office,
in order to permit of the introduction of advisers to his Excellency, responsible to this house. There are two other departments to which I must allude. The post office and the Supreme Court. With regard to the post office, although I cannot at present state that any new law will he necessary, much will have to be done in- the way of administration. In the first place we propose to place the establishment of the General Post Office on the general'estimates, and the Postmaster General probably on the civil list. In the present state of the colony, the office of Postmaster General will be a Very onerous one. It ought to be in the hands of one of the most energetic men in the country. His duties ought to be those rather of an Inspector General of Post Offices, and should consist in travelling about from post office to post office; consulting with the Superintendents as to the most convenient postal communication, and especially opening up new lines of postal routes. And this subject is connected with the proposal in his Excellency's speech to open up internal communications between the Provinces. We think this may be best done through the post office. It will probably, therefore, be wise to vote a considerable sum to the service of the post office, for the present year. The present mode of managing the postal revenues will have to be altered, and a simpler system substituted; the district postmasters will pay all their collections to the sub-treasurer, who will pay all the expenses. Should there be a balance, it will be treated as the rest of the general revenue. Next, with regard to the Supreme Court. Sir, we deem it of the greatest importance that the institution of the Supreme Court should be placed in the most independent position possible ; and we think that great reform is needed in the present working of the Courfc. It is a very great grievance that in the remote provinces there is absolutely no means of obtaining redress for any causes beyond the jurisdiction of the magistrates. Sir, -without having yet finally settled any plan, we deem the improvement in the administration of justice absolutely essential. It must be effected in one or two ways, either the judges must go their circuit regularly, which is the plan I should myself desire to see; and that the two judges should go the whole circuit of the islands, so that a judge might appear in every Province twice in every year, or else there must be district Courts established, invested with, subordinate powers of the Supreme Court. But this is a point the settlement of which must be deferred until later in the Session. The house will understand that it has not escaped our consideration. We propose to place the officers of the Court, that is, the Registrars, under the General Government; the Sheriffs as having duties more strictly Provincial, will be placed under the Provinces. There are several other minor subjects with which we must deal. A law relating to convicts must be passed. An improvement in the law of Dower is necessary. A law respecting the Desertion of Seamen. But they require no further notice at present. I believe a law relating to Marriage, is prepared by a private member. We shall not, therefore, deal with that subject until the bill is before us. And upou various other subjects of great importance, —Customs and Tariff: the bank of issue; Debentures: Steam Communication : the New Zealand Company's Debt: — upon these we intend to delay any expression of opinion until armed with such detailed and arranged information as can be supplied by the Committees, to which we have given notice that those subjects should be severally referred. There is one other subject too, on which we feel legislation necessary, but with which we are not prepared to deal, —the system of registration. The subject is too complex to be lightly touched, we therefore propose to refer it to a Commission to be appointed to sit during the reces?, who shall prepare such a measure by the next Session as may amend the defects in the existing law. lam reminded I ought to.mention another topic,—l mean the alteration of the Constitution Act. Sir, if there be time this session we propose to deal with this subject, and especially to alter the constitution of the Upper House. I will not now enter upon any plan, further than to say that we think the constitution of that house ought to be based upon the principle of election. What we ought to aim at is this, that the Upper House shall consist of men who have for the longest time and in the greatest degree enjoyed the confidence, the
esteem,and the respect of their fellow colonists. Ami how, Sir, I have gone through all the subjects which have passed under our consideration in the course of the past week. I have endeavoured to sketch out something- like the outline of a plan for the legislation of this Session. I will not pretend for a moment. Sir, that in the statement which I have made there is not much which will be unsatisfactory to the House. I will not pretend that all the important subjects upon which I have touched have had that careful and patient consideration in all their details which they really demand. To make such a pretence would be an assertion of super-human ability, or a confession of superhuman vanity. But however imperfectly the details of'-tl>;«|inlie_Y\.may have been considered I hope the House will give me'anclmy colleagues credit for not having shrunk from the work we undertook; and I hope you will allow me to indulge in the anticipation that by a mature consideration of details as the several measures come before us, by co-operation and friendly suggestion and kindly criticism, these measures may pass into laws which may tend to consolidate the Government of this colon}', to harmonise the working of its several portions, and to further the prosperity and happiness of all its inhabitants. If I might without vanity indulge the thought that I had borne a share in such a work, it would constitute all the reward I shall ever seek for the anxiety and labour of this sesion. (Loud cheering.) Mr. Sewell stated briefly his concurrence in the policy laid down by his colleague, the lion, member for Lyttelton. He had himself accepted a seat in the Executive Council at the request of his colleague, and was prepared with him and other colleagues to represent the Government in that house without at present holding office. It was intended to bring forward a measure for establishing an Executive Government, one point of which was the appointment of a Solicitor-General. Should His Excellency do him the honour of requesting him to accept that office, he should be prepared to do so. At the same time he wished it to be clearly understood that he would do so with certain views and under certain conditions. In his opinion, the higher law offices of the Crown ought not to be held by members of the inferior branch of the profession to which he belonged. Holding that opinion, he should be prepared to act on it in his own person. It was objected to him that he was not a fixed resident in the colony. He concurred in the force of that objection ; but he regarded the present arrangemenls as provisional only. And looking at them in that point of view, he thought his present position was an advantage, as facilitating a permanent arrangement when the time should come. In the meantime, he assured the house that he would not occasion embarrassment to the Government by sudden retirement, without giving an opportunity for new arrangements. For the present, he considered the business of the house was not to settle the permanent arrangements of the Government, but to forward measures of practical utility which the colony needed. Under such circumstances, and with these objects in view, he was confident fthe house would give their support to the present Government. (Hear, hear.) Mr. Wjsiiß said he would trespass but for a very few moments on the attention of the house. His honourable friend the member for Lyttelton had fully narrated the course of the events of the last week, and had indicated the line of policy they were about to submit to the house for its approval. It was unnecessary for him (Mr. Weld) to add anything to that statement ; but he would say a few words on more personal matters. In the position in which he then stood, he felt that they became in some degree public property, and that he might fairly be. expected to allude to them, (hear). He need hardly say that he left the South without one thought of office having ever crossed his mind; and he must add that to accept it for any length of time would derange and overturn all his private plans and arrangements. But he had felt that having taken part for years in that course of events which had led to the recognition of ministerial responsibility, he could not, when the public service might seem to require it, in honour refuse his co-operation ; he had consequently when asked by his honorable friend the member for Lyttelton, felt bound to accept a seat in what might be called a provisional cabinet. It was premature to speak of any future acceptance of an office. He
would say thus much—should it appear that the public interests and the policy of that house might be best promoted by his accepting office, he would, if asked, accept office at least provisionally. He would pledge himself to the house so far and no farther: that in that case, should he meet with the confidence of that house, he would continue to hold office until he could resign it without endangering any policy or principle affirmed by that house, in which case he should again feel himself at liberty to return to the private position from which he had been drawn by circumstances (cheers). Dk. Monro did not rise for the purpose of offering any criticisms upon the large and comprehensive scheme of policy which had been uniblded in the speech to which they had the ■ plcasui-o of listening from his honourable-friend the member for Lyttelton, but with a view to making a few personal explanations. He thought that as, when he last addressed the house he had been in the position of a possible member of the Executive of the colony, and as it was known that he had subsequently withdrawn from that position, some explanation of the circumstances which had produced this result was required from him, and he felt assured that in offering them, the house would acquit him of intruding upon their attention statements which were uncalled for. It would not, however, be necessary for him to say much after the full, clear, and correct statement which had been made by his honourable friend; and, in fact, he almost felt his principal duty in the matter to be to disclaim much of the too complimentary language in which his honourable friend had been pleased to allude to his (Dr. JYjl.'s) position and conduct. And he thought he was doing no more than was right in publicly stating that in the arrangement of the duty which they had originally undertaken conjointly, nothing could be more courteous or straightforward than the conduct of the member for Lyttelton. That honourable gentleman had alluded to differences of opinion between them. Now he did not mean to go into details at present, or argue questions which he trusted to see fully argued hereafter. But he might perhaps be allowed to say that the point upon which they chiefly differed was what should be the respective positions and powers of the General and Provincial Governments. He (Dr. M.) was an advocate for a system of Government for the colony which should consist of one Parliament, dealing with all questions which affected the colony as a whole, leaving to the Provincial Councils the amplest powers to arrange all matters of local and special interest. His honourable friend, on the other hand, thought that the interests of the colony would he promoted by giving larger powers to the Provinces, and in particular, as they would have gathered from the exposition of his policy to which they had just listened, by conferring upon them very large administrative powers. This was a point upon which, he regretted to say, he was compelled to differ from the member for Lyttelton. There were other points, too, upon which their opinions did not coincide; and when he had perceived this, and considered how essential an unity of understanding, and the strength and decision which arise out of it, would be to the success of the task they had undertaken, he had at once come to the conclusion that he would best consult the wishes of his Excellency, the views of the house, and the welfare of the colony, by withdrawing, and leaving to the honourable member for Lyttelton the undivided task and responsibility of organising an Executive calculated to command the confidence of the house. His honourable friend had indeed wished to reverse this arrangement, and had pressed upon him the undertaking of this duty ; but when he considered their relative positions as mover and seconder of the address, and when he had regard to other qualifications which he need not now particularise, he was certain the house would agree with him, that it was his (Dr. M.'s) place to withdraw. He felt confident that the house would do justice to the motives by which he had been actuated, and would acquit him of any desire to shrink from the performance of a duty which he might be held bound to perform. As his honourable friend the member for the Wairau had said, he came to Auckland without the least expectation of taking office, or the least wish to do fo ; but nevertheless he did not wish to be supposed to undervalue the honour and distinction of serving the country publicly, particularly at a crisis like the present; and while,
if he had taken office, he should have done so under a deep sense of the responsibility of the position and great diffidence in his own ability, he nevertheless should not have felt justified in refusing if he could have seen that in doing so he would have forwarded the interests of the country (cheers). He would only further say that as the lion, member for Lyttelton had alluded to the promise made by the house to afford a large and generous measure of support to any representatives of the' Government who might be constituted in that house, it was his (Dr. M.'s) intention to act in the full and unreserved spirit of that promise. There was much in the policy sketched out by his lion, friend which he could cordially support, and it would always be a source of pleasure to him to find that their views coincided ; and he would endeavour to vote with them as far as he consistently could without abandoning any of those fundamental principles which he felt himself bound to maintain as essential to the welfare of New Zealand (cheers). Mr. Foesaith said—it mightHbe deemed singular and remarkable if honourable members occupying independent positions, should altogether refrain from giving expression to their sentiments on this occasion, and he should be unwilling for the house to separate, before he had been permitted to make a few very brief i remarks : because, owing to the peculiar position he occupied when the question of the introduction of ministerial responsibility was under discussion, he considered it especially incumbent upon him to make his present sentiments known (hear). He had listened with the deepest interest, and with very great pleasure to the exposition of the scheme of policy which was to be submitted to the house, so ably given by the honourable member for Lyttelton ; and he believed .that he might with perfect propriety admit the pleasure?, he bad experienced in listening to this exposition, without being committed by this admission to any definite expression of opinion as to the merits of the particular measures which the exposition involved. While the question of Ministerial Responsibility was in abeyance, while the contest was yet undecided, be had for several reasons opposed it, and assumingthat his opposition was prompted by the dictates of his sense of duty—an assumption which he believed the house could not question (hear), he felt he might honourably fight his battle to the last, and fairly dispute every inch of ground. But now when the contest was over, when the question was decided, he felt it to be equally his duty to declare that, as far as he individually was concerned, the experiment which had jbeen determined upon, and which had that day been introduced, should have a fair and impartial trial (cheers). It had been impossible from the position he occupied at the time, that he should have given expression to those emphatic assurances which had been so frequently made use of during the debate, by hon. members on the opposite side, that every measure which might be brought forward should be received with candid consideration, no matter who the ministers might be; but he now took the earliest opportunity of declaring that he assented to that assurance, and considered it equally binding upon him, as though it had been uttered by himself (cheers). When the measures which had been exhibited in the exposition of his intended policy by the honorahle member for Lyttelton came in detail before the house, he (Mr. F.) would give to each one that appeared consistent with the interests ji of the colony at large, and the interest of the Province which he had the honour to represent, |i his cordial support. On the other hand, if any of those measures should appear to him to be , founded on principles, or to embody a policy adverse to the interests of the colony, or adverse to the interests of any of the communities of which the colony was composed, he would op- ) pose that measure to the utmost of his power. j (Cheers). _ | The Speaker was about to put the question s that the house do adjourn, when Mr. O'Neil said, Sir, —Before the motion ; for adjournment is put from the chair,l am anxious to make a few remarks on some parts of the statement made by the honourable member for Lyttelton, because if that statement is j permitted to go forth to the country without a some comment, it might be thought that the >, whole house agreed entirely with the line or policy propounded in it. The" statement in some respects is a very singular one ; it has placed
myself in what ray countrymen would call a | quandary, to know what the honourable gentlemen means. Is it Responsible Government, or is it the old system made more complex by the introduction of three honourable members as messengers for this house; it seems to me Neither one thing nor the other. The hon. member has alluded to the other Chamber and called it the Upper House, an appellation to which it is not entitled, and lam surprised that he could so far forget the respect we owe ourselves as to call the council of nominees an Upper House. In England they nray talk of their Upper House, for there they have their old hereditary peers, but to liken the nominee council with the old House of Lords/is contrastinga tWig in your garden with the gigantic kauri pine that clothes'our mountains.' I am .desirous of treating the other chamber with proper respect, for it is the Governor's little circle of warm friends. (Hear/hear.) The Honourable member has given lis to understand that he intends introducing a bill to provide a retiring allowance for the Colonial, Treasurer and Colonial Secretary; now sir, I lkjpe the hon. gentleman will do no such thing because I am satisfied it would be denounced both inside and outside this house. I cannot help admiring the modesty of Dr. Sinclair, in peeking for a pension; a gentleman who is merely the acting secretary, for. to this day he has not been confirmed from home: and both he and the treasurer have received very large sums of money from this colony, and have no Claims whatever, for a pension: they hatfe had good opportunities (which they have embraced) of speculating in land, and using money otherwise, and, yet with these advantages, we are asked, (but I will'not be a party to it)to give a retiring allowance to induce them without a plaintive wail to relinquish the emoluments of office. There is another question which I cannot reconcile with Responsible government, and that is,—-retaining nominees of the Governor, to have a salary and a seat in the Executive Council without coming before a constituency. I may allude, also to that curiosity who was the adviser of the amiable Captain Fitzroy, and who afterwards became one of the pillars of Governor Grey's administration,- a^nd who now (as wonders will never cease) is taking a place under Responsible Government. I therefore think that the statement made is not altogether a satisfactory one. The old officers ought to be well content to get leave to go out of office without any questions [being asked] (Laughter). Mr. Fixz Gerald thought that neither his hon. colleagues nor himself might fear again offering themselves to their constituents—but would other honourable members be content to suspend the business' of the house and subject themselves to delay and inconvenience, while he and his honourable friends were being re-elected ? Perhaps some of the Auckland members would be obliging enough to retire, and allow the new members of the Executive an opportunity to stand their chance for election on the spot. As to what fell from the hon. gentleman in reference (as Mr.F. believed) to' the Attorney-General, he begged to state that he (Mr. F.) had used no language to justify the assumption of the honourable gentleman that that officer had taken office under the New Eecutive. (Hear, hear.) . Mr. O'Neikl had seen, as well as other members, a document which he believed would justify what he had stated, and he thought the honourable gentleman (Mr. Fitz Gerald) had a knowledge of that document. The house then adjourned until Friday. [In our next number we will resume the regular order of the debates; from which we have now departed to fulfil the promise we made of at once publishing at length the Ministerial statement.]
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Bibliographic details
Lyttelton Times, Volume IV, Issue 186, 29 July 1854, Page 7
Word Count
8,688EUROPEAN INTELLIGENCE. Lyttelton Times, Volume IV, Issue 186, 29 July 1854, Page 7
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