General Assembly.

Lyttelton Times, Volume IX, Issue 578, 19 May 1858, Page 3

General Assembly.

LEGISLATIVE COUNCIL. Tuesday, April 13. Present—The Speaker, the Attorney-General, Major Kenny, Messrs. Swainson, Cutfield, Curling, Salmon, Colonel Wynyard, C.8., the Chief Justice, Tancred, Gilfillan, Blakiston, and Menzies. Mr. Blakiston, seconded by Mr. Ctjrling, , moved the following reply to his Excellency's opening address, which he read:—• the reply to the governor's speech. May it please your Excellency, We, her Majesty's dutiful and loyal subjects, the Commons of New Zealand, in Parliament assembled, humbly thank your Excellency for your Excellency's speech in opening this Session. We acknowledge with thankfulness the expression of your Excellency's satisfaction that you are again able to avail yourself of our advice and assistance in the consideration of the measures required for the welfare of the country. We appreciate the motives which have induced your Excellency to call us together without delay, after learning the result of the negotiations in Great Britain consequent upon the legislation of last session; and participate in the pleasure felt by your Excellency in informing us of the success of the measures adopted for relieving the country from the financial difficulties in which it had been for some time involved. We agree with your Excellency in believing that for this successful result the colony is mainly indebted to the ability and energy of Mr. Sewell, to whom the conduct ofthe negotiations was entrusted. We thank your Excellency for the information that the acts of the last session have received the gracious assent of her Majesty, with the exception of the two acts referred to by your Excellency. It will be our duty to consider measures to provide for the future disposal and management of the public lands, with a view to render the security to the public creditor as perfect as possible, and at the same time to ensure the settlement and improvement of the country from which the land revenue is derived. We share in your Excellency's regret that it has not been fomid possible hitherto to establish a steam service, except at an expense far exceeding the legal provision for the purpose, especially as a speedy and regular communication between the provinces is absolutely essential to the good government of the colony. We concur in your Excellency's estimate of the importance of the gold discoveries, and will give our best attention to measures having for their object the maintenance of law and order ' amongst those who resort to the gold fields. The information that during the recess the territory open to settlement in this island has been extended by the cession to the Crown of the native rights over and above one million of acres, situated in nearly equal proportion, in the provinces of Auckland and Wellington, and that negotiations are in active progress in both provinces for further purchases, gives us much satisfaction. We cordially reciprocate your Excellency's congratulations on the steady advancement ofthe colony as manifested by the increased revenue of the customs during the last year, and believe that the present year will exhibit the same indication of progress. It is most satisfactory to us that j^our Excellency is able to state the expenditure for the year 1857 has been kept considerably within the amount granted to her Majesty for the public service, that the accounts for the-last financial year, and the estimates for the current year will be laid before us on an early day, and that the accounts of the Colony for the period from

the Ist January, 1853, to the 30th June, 1856, have been reconstructed upon principles which have already received gut approbation. We will carefully consider measures for remedying such imperfections in the existing tariff as have been indicated by experience, and for the consolidation and amendment of the laws regulating the management of the customs. We recognize the great importance of an hide* pendent and efficient audit of the public accounts, and are happy to learn that a bill -will be proposed for effecting this object. Your Excellency may confidently rely that the electoral laws of the colony will" receive from us that attentive consideration which the importance of the subject demands. We join with your Excellency in deploring the evils which have during the last year re» suited from the inability of the Supreme Court (consequent on the absence of one judge, and the fatal illness of two others) to provide for the , efficient administration of the laws. We concur in your Excellency's opinion that the present circumstances of the colony require an increase in the judicial strength of the Supreme Court, and the establishment of Local Courts of inferior jurisdiction. The bills to be laid before us rendering the property in this colony of persons residing abroad available for the payment of their creditors, and other measures prepared for the consolidation, simplification, and improvement of the existing laws ou various subjects, will receive our careful consideration. We fully believe that the condition of the native race has, during ibe recess, received your Excellency's most earnest attention, and beg to express our satisfaction that steps, have been taken to confirm the reliance of the natives on the wisdom and justice of our institutions. _' " .... The increasing activity amongst the native tribes in whatever relates to their social organization we concur in believing may receive a beneficial direction, and we are anxious cordially to co-operate with your Excellency in the endeavour to promote the permanent welfare of the natives by the adoption of measures founded on definite, liberal, and comprehensive principles. Agreeing with your Excellency that the generally peaceable and loyal disposition of the Maori population is a subject of congratulation, we regret that the native feud at Sfew Plymouth still continues, and that the interests of both races required the intervention of the Government. The subject of the postal service of the colony will be carefully considered by us. We recognize the necessity of conducting tbis service with regularity and despatch, so as to keep pace with the demands of the larger centres of population, and to encourage and facilitate the settlement of the interior; and with special reference to it, of rendering the inland portions of the country accessible by thoroughfares. We gratefully acknowledge your Excellency's reliance that the subjects to which our attention \ is to be invited will receive our due consideration, and that we will so deal with the business submitted to us as to promote the well-being of the people of both races in these islands. Major Kenny moved as an amendment, that the reply be prepared by a select committee of \ the Council; stating that such had hitherto been • the practice of this Council and setting forth his reasons for the course he proposed. Mr. Swainson seconded the amendment. ; He had thought that the address would be a short one, a mere echo to the Governor's speech, not in any way compromising the Council, but, as before, simply complimentary, and not involving political considerations. The Attorney-General spoke in support of the motion'; and was opposed to the appointment of a committee. He considered, according to parliamentary usage, the reply should be a mere echo of the speech. Ha thought the amendment was contrary to the sense of the standing ordersj Mr. Tancred considered it immateria ' whether the reply was prepared by a committee ■. or by an individual member. The substance of the reply was another question; He considered the appointment ot a committee was not in any way out of order. Mr. Gilfillan was desirous of a committee being appointed for the preparation of a reply, i in order that unanimity might be obtained. ; After a few words of reply from Mr. Blakis--1 ton, the amendment was put and negatived, the Ayes being s—Noes 7. Mr. Tanceed then moved in amendment that the address read be considered in committee. ; Major Kenny seconded the amendment. Council went into committee, and the addresswas considered clause by clause up to the 4th clause, and debated with considerable energy. ' Mr. Swainson contended that there were three courses open —to appoint a committee to preE pare an address—to make that address a mere I echo of his Excellency's Bpeech=-or to make it c something else. L * I After much discussion, which terminated with the fourth clause, the remainder of the reply was adopted by the committee, on the under- ( f standing by objecting members that it was to ,f be regarded as a mere echo of his Excellency's c speech, and not bindingthe Council into an ap,t proval of any line of policy. '" Council having resumed, the reply was l" adopted, and ordered to be presented to his. , Excellency the Governor in the usual manner. c The Attorney-General moved for leave to, ,f bring iv " a bill to declare the laws of England, c so far as applicable to the circumstances of tlwi i- colony, to have been in force therein on and after the 14th day of January, 1840." Leave 1- granted and the first reading made an order of ie the day for Thursday. £ The Attorney-General moved for leave to bring iv "a bill for the naturalization of certain lr persons in the Colony of New Zealand." Leave, it granted, and the bill ordered to be read a first m ime on Thursday.

•HOUSE OP • REPRESENTATIVES. -Tuesday. Aeeil 13, 1858. Present—The Speaker and H3 members. The Speaker, having read -prayers, announced the receipt-o'f the---resignation of C.-J. Taylor, Esq., one of the members "for the Southern Division of the Province of Auckland. government -business. Mr. Stafford moved for and obtained- leave "to bring in the following bills.:— A bill for the Interpretation of Acts of the General Assembly of New Zealand. Also a bill to provide for the-resignation of seats, and the issue of writs for supplying vacancies, in the House of Representatives during the recess. Also a bill to repeal certain laws relating to Elections in New-Zealand. Also a bill to provide for the<periodical appointment of Representation in the House of Representatives. Also a bill to amend the law relating to the qualification of electors • and members of tlie House of Representatives. Also a bill to amend' tho law relating to the Registration of persons qualified to vote at elections of members of the House of Representatives. Also a bill to make provision for the regula- j tion and conduct of elections of .members of the J House of Representatives. ' j Also a bill to-make provision -for the ■« trial of j petitions against the-election or return-of mem- I ( hers of the House of Representatives. J Also „ 1)111 to make-provision*for. tho preven- y tion of corrupt practices at elections. Also a bill tp-amend the law relating tactile < elections of Superintendents of Provinces, and members'of Provincial Councils. a —The introduction- of -the measures was of course moved sei'ialim, but the majority of Q them, whilst relating to our electoral system, J were so closely connected, that the hon. mover i; made his explanatory observations to refer to p the whole series. With reference to the second _< =bi!l he remarked that the, necessity for it had n , beenstrikingly shown by the difficulty that had s j been experienced in makingmp a house this pre- C c sent session. >Had*uch ameasure been already J] in existence very little of this inconvenience - CQ would have occurred, t?rnce,"witb: a few excep- o- c tions, the resignations had been received in time th to have allowed for the vacancies being filled C o up prior to the opening of ihe .session. It was j ] a! impossible, of course, for everygentlenian to say ISe at the time of his election- how many sessions p r he would be able to attend; circumstances might a fi arise which rendered it necessary for him to f o] resign his seat,"and this measure would give W I him the opportunity of doing so during the re- Su cess, and so of enabling his constituents still to a p be properly represented. In order to carry out j n the alterations that were found necessary in re- mi ference to our Electoral system, a bill would be introduced to repeal certain laws relating to tn elections in New Zealand, and to prepare for the tec introduction of the series of bills by means of ca which Ministers trusted the house would be ba able to remove existing defects and provide an 0 f effectual safeguard for our civil and m( political rights. The hon. member -pro- - ne - ceeded_ to urge the necessity of the periodical s } o apportionment of representation in the House ef mf Representatives, in order to guard the represen- W( l -: tation of the colony, as a whole, from being see ■ overborne by local and provincial jealousies, or col - the political exigencies of particular Ministries, to ■lie briefly adverted to one or two points requir- cm ing amendment in the law relative to the quali- o- r < fieation of electors and members of the House fy ; of "Representatives, and also in the law re- s ] v , lative to the registration of electors — espe- thi cially with a view to the assimilation of town n e and country qualifications. In reference to m( this-question of registration he further pointed s b •to it as a. foundation stone of constitutional m ; representation, and to the urgent necessity for v ii providing such machinery as should ensure the th •integrity of the electoral roll. It was also ob- pr , •-vious that if it were, necessary to guard against un •the electoral roll becoming impure, if was i m equally necessary to provide for the regular tin conduct of elections of members—.to prevent C oi the exercise of any undue influence over elec- o \v tors, and also to secure the legality of the re- thturns ; indeed it was very doubtful at the he! present time how many elections of tlie mem- we hers of this House, as well as of the Provincial an , Council, were strictly in accordance with the thi ■letter of the law. Without entering into de- j lO tails (for it would be difficult to prove every i m such case-) he might state that there were mi ■wv-eral cases, as regarded members of this we House, aud two cases as regarded Superinten- tir dents, in which doubts had existed as to the l e legality of the returns. Of ihe other bills, one G, •related tothe machinery for the trial of peti-- fi iions against the election of members, and. , n , another had for its object the better prevention th ;of corrupt practices at elections. The last ti< measure was one for amending the law relative l„ to the election of Superintendents of provinces ]„ and members of Provincial Councils, a measure },' which would consist of but a few clauses, and oi which, as it might have to be modified in con- \o sequence of alterations that would probably be ti made during their passage through the House, n < -the Government would not at present press 0 , '.unless the House wished otherwise. After (\ having thus-briefly stated the leading objects ,„ of^ the above series of measures, Mr. Sta'lford di ■eaiti that it was the intention of" the Govern- p - ineub when the bills had been read a first time, 0 j •to propose that the whole of them should be a >raferred to a Select Committee, to consider and m •s*oport--as to what alterations were required, and h •fo "have power-to. confer with the-Legislative V q Council (which would necessarily have a potent tr a'okie dv the rjnestion) both' as to the details of ;'„

I the measures, and tbe shape in which ihe I should finally come before the House. H miglii add that it was the intention of th Government in the first instance to hay -" brought forward these measures as one bill ' had drafted them accordingly; but on furtlie 8-consideration it was feared that so exceedingly comprehensive a measure would be too cum brous, and that it was better to divide tin question into separate bills, rather-than run tin 3 risk of having in =the end to recast the whole As he had said before, the Government were ir } the hands of the House, and if.the Select Committee after conference with the Legislative ' Council should consider it better that the whole ' subject should be comprehended in one bill (as had been the case in some of tho Australian colonies), the Government were quite prepared to give way upon the point. The bills were separately read a.first time, and ordered tol)e printed—after "Messrs. Richmond aud Stafford (in reply to Messrs. Hall and Daldy) had repeated that the_ sole reason for proposing to postpone the bill in reference to the election of superintendents and members of Provincial Councils was that the details of that measure might have to be modified, in accordance with the alterations made in the other measures: Mr. Stafford further stating the desire of the Government not to trench unnecessarily or arbitrarily upon the rights and, privileges- of the Provincial Governments. (Hear, hear.) Mr. RiCHMQNB-then moved, by leave,-with-out notice, that the foregoing bills be referred to a select committee, with power to confer j with the Legislative Council, and to report. iMr. Carleton moved the appointment of a Standing Orders Committee for the session. Mr. Daldy seconded the motion, which was then put and earned. .; Mr. Beckham tl en moved the reply to the Governor's speech (given in another column.)— He (Mr. B.) thought that this would be a most important session; and, looking back upon the past history of the house, he felt that there aever was a time-when, unity was so essentially necessary, among members as at present. He sincerely congratulated the house upon the suclessful negotiations of .Mr. Sewell with the Home Government, which had relieved ■ the :ountry from an oppressive responsibility. The rold discoveries-were likely to lead to results of he highest importance to the interests of the ountry; and -the fact that- 1,000,000 acres of and had accrued to the Government since last ession was a striking indication of the steady rogress of the country. The hon. member, fter referring.to the necessity for electoral rejrm, expressed his regret.at the great evils had arisen- from the inefficiency of the upreme Court, and aiso-at the necessity which ppeared to exist for Government interference .: l order io put an end to native feuds.' The hon. * lember moved the adoption of the address. Mr. Olli-vter seconded the motion. He ' rasted there would be no opposition on mere r. grounds; for the reply had been so ' arefully drawn up as to avoid' almost all de- ' ateable matters, and as to be mainly an echo f the Governor's speech. That speech com- j ienced with a reference to the successful maner'nn which -Ms-'Sewell had effected his mis- ] on of obtaining a loan.; arid had that gentle-' ( tan done nothing more,'he would have'been < ell entitled to the thanks of the colony for ] scomplishing a matter.which would relieve the ~ ilony of its financial difficulties, and enable it * ■ proceed -in the development of its social, "■ immercial, and political prosperity. He re- ' retted to hear of the disallowance of the j faste 'Lands Act, and though'(in its present mpe, and looking at the conditions on which '] le loan had been granted) that was perhaps a \ ecessary step on the part of the Home Govern- , lent, he saw no reason why such disallowance i hould necessarily interfere with the due ad- i linistration of their waste lands by the nro- ' inces. (Hear.) .He regretted -too to hear < liattfie negotiations for the provision of inter- \ rovincial steam communication had as yet been - nsueeessful; for nothing was of • more vital ' nportance to the welfare of the colony than le provision of regular and speedy inter- , wnmunication. He believed it was very much1' \ wing to the want of steam communication, nit there was so scanty an attendance of mem- i srs (hear); "from his own experience-he could : -ell understand the" plea of private business, i id the want of regular communication with ] le seat of Government, and he would wish : onorable members here to bear in mind the - iconveniencc to which the southern members ! lust be put,—with a tedious voyage of several eelv-s in prospect, and the want of communicamn with home. Under such a state of things c was not at all surprised that the seat of ] rovernment had become a question of irnpor- ( ance. It might be, however, that some of the members who had thus resigned had done so in : -ie hope oP placing the-Government in a posi- 1 ion of difficulty :—he did not say it was so ; >v,_ il it were so, neither he nor his colleagues ' tad felt it right so to desert their duty—they ] iad folt bound to come and fight their battles : >ut up here (Hear, hear.) He was glad to ■ earn that the Government wore still ncotiamg on the matter; and 'he trusted they would \ iot allow tho matter to depend upon a mere' Jjmstion ot pounds, shillings, and pence. - i .Hear, hear). He, however, had heard with < jmch pleasure tha statement that the expen- , li tore had been■ kept within the income of the ' wst year—for it indicated the commencement; ] >t a new order of things in the colony, and was j t proof of the careful and economical mana-e----nent of the Government. Pie was also glad to ! 'ear of the intention of Government to' ■emedy existing defects in the <•*„_", and to in- ■ ■roduce several much needed measures for the ( mprovoment of our electoral system. He was ]

icy likewise glad to find that the condition of tli He native race was inciting the attention of th ;he Government to bring them within the am'elic tve rating operation of British law, and to rescu II; them from the evil influences of the moi ler vicious of our own race, to which most of th ;ly . present evils in connexion with the natives wer n- doubtless attributable. He was therefore gla he that Government were preparing to make th he natives acquainted with our laws, for this wa le. ,one of the most important means by wind in thoy could be elevated from their still existin; a- state of barbarism and prepare them _ for th re= proper enjoyment of the rights and privileges o le British subjects.—The hon. member .conclude* is an admirable•.address';(of which-this report ii m necessarily condensed) by cordially seconding fd the motion.; The debate was here adjourned to the nexi h sitting-day on the motion of Mr. Carleton. > On the motion of Mr. Carleton it was l agreed that select committees should have leav< n to sit after an adjournment ofthe house, note withstanding 4hat such adjournment be for s s longer period than till next day. f On the motion of Mr. Hall a Printing Comi mittee was appointed. 3 Mr. Hall then moved for a number of rer, funis chiefly relating to the Province of Canterbury ; also for the total number of letters I, and. newspapers forwarded during the year end- • ing 30th June, lSs7,by the direct mail between Wellington and the Wairau, with the total amount of-postage upon them, and the expenses incurred by the General Government on account of that mail for the same period. The hon. gentleman also moved that leave of absence be granted for one month to Mr. Fox, which was agreed to. The house adjourned at 5 o'clock till 5 p.m. - this day.