GENERAL ASSEMBLY.

Lyttelton Times, Volume XVI, Issue 906, 17 July 1861, Page 4

GENERAL ASSEMBLY.

(lU'omthe«Ne W ZeakndeiVJu, y6fU The proceedings of the General A* , ' the month have been watched ff^^ Whust the Legislative Council has ,nte^t occupied with business, the met irnlj in the House of Representatives have Iwi pax 4 to party movements. Notwitbstand n^ V°S« crops of Acts which the sessions of ls«othe ''e»v v have produced, the fertility of the -i ni appear to have been exhausted, and Z i° es n «t 18bl is promising. Eighteen Bill, li" 1"^ of already before the Assembly, 0 f w hi i Lep * originated and passed in the Council 'In*1 * I(ave mg is the list: — ill« follow Naturalization Bill, 1861 Canterbury and Otago Boundary _ill Waitaki Boundary Questions Sohi Law Practitioners Bill bettI ««*nt Bill. Advances to Agents Bill. Land Registry Amendment Bill Survey Correction Bill. Bankruptcy Bill. Native Crown Titles Bill. Civil Service Superannuation Bill Resident Magistrates Ordinance Anions Commissioners Powers Bill. "llCl"lment Bill. Weights and Measures Act Am»»,i Marlborough Naval and M*KT rt *11 Extension Bill. ry bettlm Act Public Expenditure Control Bill Provincial Audit Bill.

Canterbury Crown Grants Bill £ Otago and Southland Debt Am'iortmnm i- - Registration of Electors Biil7 PP 10nment Bi»There are in addition several nmt including the New South Wales B« R'„ Bill. Bank of New Zealand Bill, and the Dv 3 '' the Railway Bill, " Uu Mo «ntai n The Naturalization Bill, 1861 i 8 h, O Bill,, which validates the several IZaTT* which have been issued by the Governor ?* the of the Naturalization Z rtfr Session preceding. The Canterbury and A, Boundary Bill is intended to settle Veli^S limits of the two provinces, and fixes the wS i river and its Ohou branch, a riu-ht li ne f lO •? point of issue on the Ohou lake to Mount AsnP a right line from the mountain to the nearest n"'^ of the Awarua river, and that river to its m ,i as being the boundaries The Waitaki BouS Questions Bill provides for the settlement of th! conflicting claims which have arisen out of t ' dispute, and secures possession to those peis 0 "S who are bona fide in occupation of runs Th two Bills have, we believe, been consolidated tT Law Practitioners Bill regulates the practice' of Z profession in New Zealand, and secures at tl same time the 'vested interests' which practitioner! have in their ' subjects. ' The Advances to Agents Bill provides for the greater security of transactions had bona fide with agents entrusted with goods. The Land Registry Amendment Bill is a supplement to the act of the last session. The Survey Correction Bill provides for the correction of errors of description or survey in lands held under Crown Grants. Of the Bank, ruptcy Bill we will only venture to say that it covers 79 pages of letter-press, and contains 353 clauses. The Native Crown Titles Bill is one of great importance as affecting the descent of pro . perty held under Crown grant by individuals of the native race. Onr English law, if strictly applied in the majority of such cases, would effect the reversion of the land to the Crown. The bill provides that, where any difficulty may arise enquiry shall be made in each particular case as to how, according to Maori usage, the property would have descended, and it empowers the Governor, if he think fit, to re-grant the land to the person or persons who shall have been reported to him as entitled to the same. The Resident Magistrates Ordinance Amendment Bill declares that the Ordinance of the Legislative Council, session 2, No. 5, The Summary Convictions Act, 1848, and The Summary proceedings Improvement Act, is6o, do not apply to civil cases heard under the Resident Magistrates Court Ordinance, session 7, No. 16. The Commissioners Powers Bill confers certain powers, necessary for the conduct of their respective courts, upon His Honor Mr. Justice Johnstone, appointed to investigate native titles to land at Taranaki, and upon Mr. Sewll, appointed under the Taranaki Relief Commission. The Amendment of the Weights and Measures Act is intended to extend the provisions of that Act to the Gold Fields, and includes the Imperial Troy Weights among the standards of the colony. The Public Expenditure Control Bill 'regulates' Superintendents of Provinces, makes those officers Accountants of the Crown, and provides that no warrants for the payment of money shall be signed by a Superintendent until a certificate in a prescribed form shall have been appended thereto by an auditor appointed for each province by the Governor under the - authority of the Provincial Audit. Act, 1861. The powers of the Provincial Auditor are somewhat similar to those exercised by the Auditor-general under the Audit Act of the -Assembly. The title Lost Land Orders Act, 1861, will explain the objects of the Canterbury Bill, which provides for the issue of Crown Grants in cases where it can be proved that the Association's Land Order had been" lost or destroyed. Otago and Southland Debt Apportionment Bill: the debts to be apportioned are £77,500 a colonial liability, and £20,000 raised under a provincial law; the bill provides for a settlement by arbitration. The Registration of Electors Amendment Bill facilitates the making of claims to vote, by providing that the declaration required to be made by the fourth section of the Act of 1858, may be made before some person appointed by the Governor for the purpose, in those places where no Justice of the Peace is resident.

The Native Question is, as might be expected, that one upon which opinions at least, if not parties, divide, and the several moves which have been made appear only to have been preliminary to the great battle which, as we write, is being fought in the House, upon Mr. Pox's motion of want of confidence in the present advisers of his Excellency. The reply to the Governor's speech was a mere echo of that speech, and was suffered to pass without discussion.

On the 25th, the House of Representatives received the following Message from the Governor :—

MESSAGE NO. 2,

Thomas Gore Browne, Governor. The Governor, as the representative of the Imperial Government, feels that an occasion has arisen when it is proper for him to communicate with the Legislature independently of his responsible advisers.

On the 19th instant the House of Representatives passed resolutions declaring:— "Ist. That the establishment within these islands of a sovereign authority, independent of the British crown, is incompatible with the security of the colonists, the civilization of the natives, and the welfare of both races.

" 2nd. That if, unhappily, negociation should fail, this House, relying on the best practicable provision being made for the protection of life aud property, is of opinion that it is the duty of the colony to second the measures taken by the Imperial Government for the assertion of her Majesty's sovereignty and securing a lasting peace." Some uncertainty appears to exist as to the real meaning of these resolutions, and the Governor trusts that the House will agree with him that a distinct understanding on the subject referred to is essential to the interests of both the Imperial and the Colonial Governments. He is most anxious that a lasting peace should be Bec^f ed by negociation rather than by force of arms, and he desires that negotiations should be continued as long as he feels there is reasonable hope of » favourable issue.

He wishes the House, however, to observe that a portion of the troops now in the colony have been sent to meet an emergency and not to act as a garrison, a service for which he is not prepared to retain them for an indefinite period. ' The question of colonial assistance, as regards both men and money, ought also to be more clearly defined than it has yet been. Her Majesty's Imperial Government expects from tlie colony a full and cordial co-operation, both in men and money, and unless he is assured of its continuance, the Governor is not prepared to instruct Lieutenant-General Cameron to employ the Imperial forces. It is therefore necessary that the Governor should be informed whether the colony is ready and willing to give that hearty assistance which the Imperial Government expects. The Governor is aware that the colony has not the means of meeting the outlay which may be required for organizing and maintaining the colonial forces in an effective state, aud he is prepared to sanction the issue from the commissariat chest of the money required for the purpose; but he can onlvdo so upon the conditions prescribed by the Secretary of State in his despatch No. 13, of 26th January, IS6I. Government House, Auckland, June 25, 1861. The message was considered on the 28th the following reply was made—the passages marked in italics being amendments upon the reply moved by the Hon. the Colonial Secretary, which amendments, however, by a ruse not usual, and which we are glad to see that Ministers themselves do not defend, were appropriated and adopted by the Government: Mat ix tlease Your Excellencx-,—-We, Her Majesty's dutiful and loyal subjects, the House of Representatives of New Zealand, have taken into our consideration Your Excellency's Message No. 2, transmitted to this House on the 25th instant. t Participating in Your Excellency's anxiety for the success ofthe negociations which we understand to be still pending with the insurgent natives, we beg to assure Your Excellency that we do not contemplate the protraction of those negociations beyond the time when your Excellency shall have ceased to hope for a favourable issue. The maintenance of Her Majesty's sovereignty within New Zealand we regard as a matter of Imperial concern, and yet at the same time as one in which the inhabitants of these Islands have a peculiar and vital interest; since we deem it essential to the firm establishment of peace and to the future security of life and property in this part of Her Majesty's dominions. The mere pecuniary cost of the necessary measures for the attainment of this great end must be [to us] at the present juncture a secondary consideration. This House (so far as the present Militia law allows and the resources of the colony will permit) both as regards men and money, is willing fullyand cordially to cooperate with the Imperial Government. And in order more clearly to define, as Your Excellency invites us to do, the extent of assistance which the colony is prepared to afford, this House declares its assent to the organization and maintenance of such part of the colonial forces as may be necessary for the defence of the several settlements, and will approve of the acceptance by the Colonial Government of advances from.the Commissariat chest for defraying the expenditure, upon the conditions prescribed by the Secretary of State in the despatch (No. 13, 26th January, 1861) referred to by Your Excellency. At the same time this House is of opinion that the employment of the colonists as a Militia Force, besides interrupting the industrial pursuits of the colony, and therehy greatly diminishing its ?iatural resources, will be far more costly than the employment of a larger number of Her Majesty's troops, if those troops could be procured. Those who speak of the war in New Zealand as being a "settlers' war" will do well to study this. reply, and to remember that the people, on whose' behalf it was made, pledge themselves to imperil life and pioperty, and it is real peril—even certain destruction—to both, in support of the authority of the Crown and of the law. DEFEAT OF THE MINISTBY. In the House of Representatives, on the 3rd inst., Mr. Fox moved " That this House has not confidence in his Excellency's responsible Advisers." After a debate which lasted for three days, the resolution was carried by " a majority of one." The division lists were as follows :— . Ayes 24—Messrs. Fitzherbert, Saunders, Eyes, Hood, Carter, Munro, Mantell, R. Graham/ G. Graham, O'Rorke, Kettle, Carleton, C. J. Taylor, Dick, Williamson, Henderson, M'Glashan, Brandon, .Ehodes, Renall, White, Featherston : W. Taylor and Fox, tellers. ' . Noes 23-Messrs. Bell, T. Russell, J. C. Wilson, Domett, Weld, Willis, A. J. Richmond, Hall, Ormond, Cookson, Rowley, Mason, Stafford, Firth, X .i'£' W' Ricnraond» Frazer, Jollie, Creyke, UAeil, Nixon ; J. C. Richmond and Curtis, tellers. There is no ground for any demonstration of tnumph at such a result, nor does the magic "one" aliord a very cheering prospect of a working majority m the House for those who may be called upon to occupy the seats which will, no doubt, be vacated by. the present incumbents. But the vigorous prosecution" policy is the strong point ot the present Ministers, and to the sympathy which exists in the House with their views on this subject and to the unwillingness which was felt to permit a change of men at such a crisis as the present, it is due perhaps that the adverse majority was not very much greater. Upon their policy with respect to the system of ■fiovmcial Government, and especially upon that '■ particular portion of it which is embodied in the Jjew Provinces Act, it would be found we think mat the score would have been greatly adverse.