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LEGISLATIVE COUNCIL.

Thursday, Juiy 4. i Present — The Governor and all the members. UNION BANK OF AUSTRALIA BILL. The Colonial Secretary moved the order of ' the day for the further consideration of this bill. Mr. Brown wished to withdraw the clause he had proposed on the preceding Tuesday, and in lieu thereof moved one to the effect that from and after the 31st of December next the Bank should be compelled to pay its promissory notes in sterling money. The Governor and Attobnby-Gbneral, on being assured that the agent of the company had no objection to the clause, withdrew their opposition ; and an amendment to the effect that debentures should be deemed sterling money having been made, the clause was put and carried. Mr. Clifford then moved the usual suspending clause, to prevent the bill from coming into operation before it was confirmed. The Colonial Secretary moved as an amendment that the bill should come into operation on the Ist January, 1845. After considerable discussion, in which all the members with the exception of the Colonial Treasurer joined, the Council divided : — For the amendment, 5 ; against it, 2 (Mr. Clifford and the Attor-ney-General. — Amendment carried. Clauses 1, 9, and 11, were then considered, and after some amendment carried. The schedules and preamble, after some discussion, were read and agreed to, and the bill ordered to be read a third time on the following Saturday. CONVEYANCING BILL. This bill was read a third time and passed. DISTILLATION BILL. Dr. Martin, on the ground that a petition was in preparation praying that this bill might come into immediate operation, moved that its third reading be postponed to Saturday. — Agreed to. CATTLE TRESPASS BILL. This bill was read a second tide, and ordered to be read a third time on the following Thursday. The Council adjourned. Saturday, July 6. Present — the Governor and all the members. A petition was presented, signed by 125 inhabitants of Auckland, praying that the Distillation Bill might come into immediate operation. — Read and ordered to be taken into consideration when the bill came under discussion. Dr. Martin requested permission to withdraw the second and third resolutions of which he had given notice, and to substitute the following, viz. — " That this Council shall, on an early day, take into consideration the present condition of the aborigines of this colony, and examine in evidence competent persons for the purpose of ascertaining the probable increase or decrease of the native population ; the cause of su«h increase or decrease; the prevalence of disease ; its increase or decrease since the settlement of Europeans in this country; the causes of such diseases, distinguishing the extent and prevalence of diseases peculiar to the country from those which have been introduced by Europeans ; the best means of arresting the progress of such diseases ; and how far and in what manner the benefits of medical skill can be afforded to the natives generally ; and that the evidence so taken be recorded for the purpose of being forwarded by his Excellency the Governor to the Principal Secretary of State for the Colonies." EMIGRATION.— DR. MARTIN'S RESOLUTION. The Colonial Secretary moved the order of the day for the consideration of the above resolution, which was to the following effect : — " That it is of the utmost importance to the interests of this colony that a constant supply of capital and labour should be maintained by means of emigration from Great Britain ; and that, in order to obtain the fullest information regarding the class of immigrants whom it would be most desirable to introduce into this colony, it is resolved that this Council shall order competent person* to be examined in evidence before it on the subject of emigration generally, with especial reference to the applicability of the Wakefield or present system of colonization to the circumstances of this colony ; on the effects of the present system of pre-emption over the lands of the aborigines, and now far it might conduce to the prosperity of the colony to modify or to abandon the same altogether ; and that, after such evidence shall have been given, the Council shall embody the same in a report, for the purpose of being, as soon as possible, forwarded by hii Excellencjuhe Governor to the Secretary of State for the Colonies." Dr. Martin, in rising to move the adoption of the above resolution, felt it might embrace subjects upon which there might be a difference of opinion, but he considered it necessary to ascertain the best means of getting capital aud labour into this colony, which was a good field for both. At present, labour was not in demand for want of capital. Emigration was expected to be maintained from the sales of land, which it was well known had ceased to produce a revenue ; and the introduction of such a resolution might be thought absurd. But, looking at other colonies, it would be found that emigration had gone on (he instanced America and the West Indies) without the aid of an emigration fund. Such a fund was desirable, but, in its absence, it was desirable to promote the introduction of capital. The immigrants who had been sent here were not of the class most suited, and his object, in seeking for the evidence of competent persons, was the hope that such evidence might have weight with the Home Government, as he knew that the people in England were in ignorance as to the state or resources of the colony. It was therefore the duty of the Council to convey some such information to the Government, as an act of justice to the colonists. On the subject of emigration he knew there would be a difference of opinion. Some might think the Wakefield system the best. To a certain extent it was good, but had failed, and was more founded on a theory than practice. It had shown up all the evils that existed under the old system, but had not proved better itself. They knew from experience that, although apparently voluntary, it was, to a certain extent, compulsory; people had been forced to leave their homes. The honourable member then adverted to the emigration of the ancients, which was, he said, with few exceptions, voluntary. They left their homes because they found better countries. That colonies so formed existed without assistance from the parent country, and were, in fact, better when left alone. And so with the colonies formed by England, emigration, although in a great measure originally caused by religious persecution, had been voluntary ; and so long as they were left to manage their own affairs, everything had prospered. The Wakefield system was not adapted to this colony. It fixed one uniform price for land, which was absurd. Nature itself had varied the value of land, which mu«t always vary in price according to its quality and locality. That it was foolish to expect 40i. or 20s. per acre for land in this colony, so far from home, when in America, a comparatively short distance, it could be got at sa. per acre.

The honourable member concluded by hoping the Council would adopt the resolution, as he was sure much good would result from their doing so.

The Colonial Secretary approved generally of what had fallen from the honourable member (Dr. Martin). He considered the Wakefield system unsound, and that it had failed. In his opinion private individuals could develop the resources of the colony better than a company. The system was supposed to be original, and was patronized accordingly. He then endeavoured to show that the colonies formed by the Greeks were on the same principle, but had been formed for commercial and not for agricultural purposes. In our own day Russia had planted 300 cololonies on the same system; t"he emigrants were compelled to go, but were furnished with agricultural implements. There was nothing new in the system. It occasioned a serious loss. Settlers had come out in masses, and could not get their lands. Many persons had also laid out their means in land, under the expectation that it would rise in value. As much as JE3O per head had been paidtfor emigrants, when eight for the same sum could be sent to America, where there was better land. He thought it would be better for the Government* by way of encouragement, to give quantities of land to immigrants instead of selling. With respect to the inquiry sought for, he thought it would be so multifarious, and the opinions would be so various, that he did not deem an examination necessary. He did not know any parties better informed on the subject then the Council. If any plan could be suggested, by means of which the people of England could be made acquainted with the resources of the colony, it would be very advisable.

' Mr. Brown said the Wakefield system seemed to act on the idea that a certain amount of capital and labour must go together, and its effect had. been to take the money out of the pockets of the people who had it to give it to those who had none. He did not believe that one-tenth of the labouring immigrants brought out had been employed by the Company. Labour, in fact, was not required by emigration, it could always be got from other colonies : besides which we had the native labour ; and capitalists should be induced to come here by offering them land on easy, terms. The pre-emption system would have to be altered ; the few capitalists we had had been driven away by the late Governor, who thought every inch of ground worth a pound. In his opinion the views of the Home Government were opposed to the interests of the colony. They seemed to think the only use of a polony was to make it an emporium for pauper immigrants.

Mr. Clifford considered the resolution highly important, but could not see how evidence could be got without expense and trouble, as it would principally have to come from those settlements where the system had been tried. The Wakefield system had failed in one or two respects, owing to difficulties which could not be foreseen, and not calculated upon. He denied, as had been asserted by the honourable member (Dr. Martin), that it was a system calculated to drive the natives from their lands. On the contrary, they possessed some of the best lands in the townships of Nelson and Wellington. One of the great objects of the originators of the system as applied to New Zealand was the amelioration of the condition of the natives, by showing them the benefits to be derived from European methods of cultivation ; and the improved value of the land reserved to them was considered as ample recompense to them for giving up lands that previously they had made no use of. As regarded the price of land, 75 percent, was expended for the benefit of purchasers in bringing out labour, making roads, religious endowments, and in other things that could not be accomplished by private individuals, so that, in reality, the land was only about ss. an acre. The object of the resolution was to ascertain how capital and labour could be induced to come to the colony. It would tend much to effect this object if it was seen at home that those who had already settled in the country were in quiet possession of their land. He understood that in many instances where Europeans had laid out their capital in cultivation, and the Commissioner had decided that the European title was good, the natives still refused to give up quiet possession, and the unfortunate settlers were, in consequence, suffering severe losses. He thought it would do much good if his Excellency would publicly state what course the Government would adopt in such cases.

The Attorney-General said all seemed agreed with the object of the resolution. It appeared to him to be a question whether or not New Zealand should continue under the Land Sales Act, which fixed the price at one pound per acre, and whether it would not be desirable to get rid of it. He would suggest that, instead of examining persons or calling the system a bad one, a document showing that it was not applicable to this colony ; stating also that in consequence of the quantity of land held by the natives, the Land Company, and private persons, which could he purchased cheap, land would not fetch 20s. per acre. Some such document, he thought, would have a better effect than the adoption of the resolution.

Dr. Martin approved of the suggestion of the learned Attorney-General, but believed it was the intention of the Home Government to bring all colonies under the Wakefield system. He had no doubt Colonel Torrens and Wakefield thought their system the best. They wished to act upon the idea of planting society in a new colony the same as at home, which it would take years to do. He would admit that a dense population was best for the purposes of civilization and refinement — that as people scattered they degenerated, which might be owi«g to the fact that education could not follow them. He agreed with the learned AttorneyGeneral that one uniform price of land could not be maintained, as locality and circumstances would always vary its value ; and instanced New South Wales, where uncultivated land was sold by the Government at 12s. 6d. per acre, but it could be bought cultivated at 3s. 6d. per acre from private individuals.

After some further observations from the At-torney-General, Mr. Brown, and the Colonial Secretary, Dr. Martin explained that, in wishing to take evidence for the purpose of furnishing his Excel* lency with good grounds for memorializing the Home Government on the subject, he thought it highly important that people should be able to purchase land cheap.

Attorney-Geniual : The very thing mentioned by the honourable member (Dr. Martin), had been done, and ought to be known. People had now the permission to buy lands agreeably to certain regulations, which were published, and subject to the 10s., which was an objection, but which must be paid till we get rid of the act, when people would have nothing to pay «xcept some small sum for surveying purposes. As the suggestion he had thrown out met with the concurrence of the Council, he would, as an amendment, suggest something to this effect — " That the present system of emigration is inapplicable to this colony," and found a petition thereon, praying for exemption from the Land Sales Act. After a few remarks from Mr. Brown, Dr. Martin, .and the Governor, the further consideration of the subject was postponed to the following Saturday. DISTILLATION BILL. On the third reading of this bill being moved, the son-official members made another ineffectual attempt to induce the Governor to allow it to come into immediate operation, but his Excellency refused his assent for the reasons he had given on a former occasion. The Attorney-General, in order to insure the confirmation of the bill, would move an additional clause, to the effect that, if confirmed and suffered to come into operation, no compensation should be allowed to parties acting under the bill if at any subsequent period the Home Government should order its repeal. A discussion ensued, in the course of which the clause was opposed by the non-official members as unjust and calculated to destroy the benefits which the bill was intended to confer. It was eventually adjourned for further consideration to the following Thursday. UNSWORN TESTIMONY BILL. This bill, after some discussion, was postponed for further consideration to Tuesday, to which day the Council adjourned. Tuesday, July 9. Present — The Governor and all the members. Mr. Clifford presented a petition against the Cattle Trespass Act. — Read and ordered to be entered on the minutes. UNSWORN TESTIMONY BILL. The Attorney-General moved, agreeably to notice given, that the preamble be amended, by inserting after the word " colony " " and adjacent countries," which he thought was going as far aa they could without exceeding the limits of the imperial act. After some discussion: the preamble as amended was put and carried. A new clause, admitting the evidence of halfcaste natives, was also carried. Clause 3, which imposes a penalty on natives giving false evidence, was opposed by Dr. Martin, who argued at great length that the natives had not the sense to attach, that importance to truth which civilized man did. Mr. Clifford thought it highly necessary to have some such check ; and to show that, when it was their interest, they could frame a falsehood very cleverly, he instanced a case that came under his notice at Wellington, wherein false evidence was given by one native and corroborated by others. The Governor agreed with Mr. Clifford. If children were detected in uttering a falsehood they were punished notwithstanding their weak intellect, and the uninformed savage was but a child of a larger growth, but with more mature passions. The Attorney-General thought such men were more likely to tell the truth if they were first told that they would be punished if they did not, than if they were not punished at all. The clause was carried without a division. The Summary Proceedings and the Harbour Regulations Bills were read a second time, and ordered to be read a third time on the following Tuesday. NATIVE EXEMPTION BILL. The Governor, in moving the order of the day for the first reading of the above bill, said he believed it was the first time such a measure had been introduced into any colony. No other colony contained aboriginal inhabitants so well informed as those of New Zealand. But although they were so much in advance of the natives of other countries, it appeared to him that no step could be taken that would so effectually set them against us as that of imposing upon them the whole of our penal code. Such a step would be nothing more or less than insanity, however much halfinformed, silly people might think and write upon the subject. A course of persuasion, example, and the adoption of such parts of our laws as may do good and not harm, would, he hoped, be the means adopted for their future government. He had read much nonsense written upon the subject, but could hardly believe the writer was sober. He " then read extracts from a letter from Lord Normanby, recommending mild and persuasive measures. His Excellency then read a despatch fiqom Lord John Russell to the same effect, and remarked that there was occasionally much cant used by some of our countrymen, in which Exeter Hall was introduced. He wished it to be understood that that was a despatch from Lord John Russell, who was not remarkable for attending Exeter Hall meetings. That despatch recommended that the natives should be taught by example rather than punishment, and recommended the appointment of protectors for that purpose. He also read another despatch on the same subject j and then adverted to " the mere verbiage that had been written by certain persons on the subject," upon reading which, he said, one would be led to imagine that protection of the natives was some old woman's idea, and not that he was bound by certain rules and regulations, based on certain principles. His own personal feelings were entirely in accordance with those of her Majesty's Government as shown' in the despatches he had read. Unless such was the case, he would hold office no longer than was necessary to hand it over to his successor. The feelinga of Governor! were net, as many people imagined, purely selfish. He then read a more recent despatch from Lord Stanley, authorizing the exemption of the natives from the operation of English law ; also Lord Stanley's letter in reply to question! put by him (the Governat^Mwre . leaving England, to the effect that British authority should be employed in mediation only. He then proceeded to say that the present bill went somewhat further than the despatches he had just W,

for it abolished imprisonment except in glaring cases. It did so by the advice of persons qualified, to give an opinion on the subject. The natives did not regard imprisonment as we did. Deprivation of personal liberty often ended in the death ; of the savage ; and regarding them in a transition - state, he thought imprisonment would tend to retard their improvement. It was therefore necessary that laws should be made specially for them, if they wished to avoid such scenes as those which had occurred there [an allusion to the case of the native Te Mania, who was rescued by his countrymen upon sentence of imprisonment being passed' upon him] and in the southern settlements. Such "scenes would occur from time to time if our laws were attempted to be enforced. It might be thought absurd to legislate exclusively for the •natives— that we ought at once to instruct them ; but at present it was impossible to do so. He mentioned as an instance a powerful chief who was with him the previous day about some dispute with the natives of Tauranga, and who, in the course of conversation, told him that heithe Governor) was Governor over the white men, and he (the chief) was Governor over the natives. And such (continued his Excellency) would be the case for years to come. But, by listening to them patiently and deciding impartially, without resorting to violent measures, they would place reliance on the Government and gradually come under subjection much better than if a despotic standard was held up. After a few observations by Dr. Martin and the Colonial Secretary, the bill was read. The Governor gave notice that at the second reading he should move that clause 13 be erased, so that the bill might come into immediate operation. He was partly pledged to that effect to the natives, and he was sure it would be confirmed by the Home Government. The bill was ordered to be read a second time on the following Thursday. The German Naturalization Bill was read a first time and ordered to be-read a second time on the following Thursday. The Municipal Corporations Bill was read a third time and passed. The Council adjourned. Thursday, July 11. ; Present — The Governor and all the members. < The Union Bank Bill and the Cattle Trespass Bill were read a third time and passed. DISTILLATION BILL. The clause introduced by the Attorney-General was again brought under consideration, and again opposed by the non-official members, but without effect. On a division, it was carried by the Governor and his officials, without a single argument being advanced in its favour. The bill was read a third time and passed. The Dog Nuisance Bill was read a first time, and ordered to be read a second time on the following Saturday. NATIVE EXEMPTION BILL. The Attorney-General, in briefly moving the second reading of this bill, said he did not think it necessary to enter into details, its object having been so ably explained by his Excellency on its first reading. The bill was then read, and clauses 1 to 5 agreed to. On clause 6 being put, Dr. Martin expressed a wish that the Governor might have a discretionary power, which, except in cases of murder, this clause deprived him of. After some discussion, on the motion of the Governor it was agreed that the word " rape " should be added; his Excellency observing that although the uniform good conduct of the natives had been a subject of remark, it had recently been of a very different character ; and that, as we intended to make them acquainted with our laws, it would be as well to mark our particular abhorrence of these particular crimes. Clause 7, which defines the amount of security to be deposited, gave rise to some discussion. Dr. Martin thought that, in certain cases, the chiefs should, la addition to the £20 (the limit in the clause), bind themselves in a larger Bum to secure the appearance of the offender. The Attorney-General said the intention of the bill was not to enforce the law if it could be avoided. A few chiefs might, in a thoughtless moment, sign their names to pay a large amount by way of security for the appearance of the prisoner ; the prisoner might not be produced, and they might refuse to pay. The recognizance in that case must remain a dead letter, or we, in compelling payment, should run our heads into the very difficulties we wished to avoid. 4520 he considered was as much as could be raised; and to get that back they must produce the prisoner. This and the remaining clauses were then put and carried, with the exception of clause 13, which was erased on the motion of the Governor, so that the bill might come into immediate operation. Ordered to be read a third time on the following Tuesday. The German Naturalization Bill was also read a second time and ordered to be read a third time on Tuesday. The Governor laid on the table a Bill to remove Doubts respecting Titles to Land claimed by Land Claimants : also a Bill to amend the Licensing Act. — Council adjourned. . t- Saturday, July 13. f JPrewnt— ■ The Governor and all the members. .-., Dr. Martin gave notice that on Tuesday, July 16, he should move for an inquiry into the present Post Office Regulations. The Governor approved of the motion, and suggested that Messrs. Concell and Hogg, the late postmasters, and Felton Mathew, Esq., the present postmaster, should be examined. , A desultory discussion took place, in the course of which the Atyornxy-Gxneral suggested that certain questions should be put to ascertain how the system worked — if it was complained of by the public — if the internal communication was as good as it might be — if there was any surplus revenue, and if the existing regulations required that revenue to be sent hospe. These things being ascertained, then to embody them in a resolution praying that the revenue might remain in the colony until the internal communication was im- - proved. Dr. Martin suggested that the resolution should also request that the Pott Office should be placed under the control of the Local Gflvernmsnt

Mr. Brown presented a petition from a Mr. Trusted, of Hokianga, relative to a seizure of spirits. He did not know how far the Council could interfere in the matter, but it appeared to him to be a very hard case. The petition was ordered to be taken into consideration on the following Tuesday, when, after some conversation on the subject.yit was agreed to refer it to the Executive Council! The Colonial Secretary moved the further consideration of Dr. Martin's Resolution. Mr. Brown, after a few introductory remarks, moved the following as an amendment : — " That this Council deem it unnecessary to occupy time in examining witnesses on the subject referred to in the resolution proposed by Dr. Martin ; the Council being already fully satisfied that the present system of colonisation, in particular the Land Sale* Act, is inapplicable to this colony; that important modifications are also necessary in the present system of pre-emption over the lands of the aborigines ; and that a report should be prepared, embracing the particular views of the Council on these subjects, with the reasons upon which the same are founded, in order that his Excellency the Governor may forward the same to the Secretary of State for the Colonies." .After a few observations by Dr. Martin, the At-torney-General and the Governor, it was agreed that the Attorney-General should prepare a draft Q&^the proposed resolution or memorial, to be ready by Tuesday the 16th. The amendment was then put and carried. Mr. Brown gave notice that, in accordance with the amendment just carried, he would, on the following Thursday, move a specific resolution or memorial on the subject, to be forwarded to the Home, Government Dr. Martin, agreeably to notice, moved his resolution relative to the present condition of the aborigines. He considered the subject of great importance, and one that should be freely discussed; for although looked after in many respects, yet in this they were decidedly neglected. A conversation ensued, in which all the members took part ; and which resulted in Dr. Martin's withdrawing his resolution upon a promise made by the Governor that evidence should be collected and the subject brought before the Council next session. The Dog Nuisance Bill was' read a'second time, and ordered to be read a third time on the following Thursday. The Land Claimants' Titles Bill and the Li. 'censing Amendment Bill were read a first time, and ordered to be read a second time on the following Tuesday, to which day the Council adjourned. Tuesday, July 16. Present — The Governor and all the members. The Governor informed the Council that it was his intention to embark in H.M.S. Hazard on the following Saturday, his presence being required elsewhere. He therefore proposed, in order to get through the business, that Council should sit every day. Mr. Clifford, before the Council closed its sittings, would suggest to his Excellency the propriety of establishing Savings Banks, which would tend greatly to benefit the working classes. The Governor was glad the honourable member had mentioned the subject, as he was anxious to see them established in all the settlements, and he was satisfied that if they had been established sooner there would have been fewer broken bottles knocking about All the assistance Government could render would be freely given, and before next session one, if not two, would be in existence. LAND CLAIMANTS' ESTATES BILL. On the second reading of this bill being moved by the Governor, some discussion arose in consequence of a question put by Mr. Brown as to the meaning of clause 2. He asked if parties holding mortgages, perhaps for years past, would by this bill be secured against subsequent creditors, who, by the working of the Registration Bill, could, he believed, in obtaining a judgment and being the first to registrar, take precedence of all other claims. If such would be its effect, he was desirous the clause should be amended, or the object of the bill would be defeated. The Attorney-General, who took time to consider the question, said the old claims would not be affected as apprehended by the honourable member. The clause was then put and carried, and the bill ordered to be read a third time on the following day. The Licensing Amendment Bill was read a second time, and ordered to be read a third time on the following day. In pursuance of Dr. Martin's resolution, evidence relative to the Post Office was then heard, and, on the motion of the Governor, ordered to be printed. The following bills were read a third time and passed: — The Summary Proceedings Bill, the Unsworn Testimony Bill, the Harbour Regulations Bill, the Native Exemption Bill, and the German Naturalization Bill. The Council adjourned. ' Wednesday, Joxy 17. Present — The Governor and all the members. Mr. Brown, agreeably to notice, laid on the table the following resolution, founded upon that which the Council had agreed to on the preceding Saturday, as an amendment on Dr. Martin's resolution :—: — " That, in the opinion of this Council, the ' Act for regulating the Sale of Waste Lands belonging to the Crown in the Australian Colonies,' considering the principles upon which it appears to be founded, is unsuitable to the actual condition and circumstances of the colony of New Zealand. " That the principal objects of requiring that no lands shall be sold for toss than 30s. an acre, appear to be the following : —To provide a fund for the introduction of labourers into tie colony, and thus to secure to the purchaser of land the means of cultivating it : and to prevent the labourer, when so introduced into the colony, from too speedily becoming a landowner, and ceasing to work for hire before he has contributed a due proportion of labour. "That the present aystem appears to have been devised with a view to the colonisation of uninhabited countries, or countries having no available sources of labour within themselves, and in which the Government possesses s disposing power over the territory, or can prescribe the terms on which the use or occupation of the territory shall be held. " That the islands of New Zealand are peopled by upwards of 100,000 intelligent and rapidly improving native inhabitants. " That, with the exception of about 1,700,0 M acres of land owned or "^«nH by the Crown and by private persons, every portion of the surface of these islands (containing in the whole not less than 60,000,00* of acres) is owned or claimed by on* or more tribes or individuals of the aboriginal race, whose 'territorial rights as owaea of the soil' have been guaranteed to them by treaty ; and, by other acts of the British Government, have been distinctly* recognised and respected.' "That of the 1,700,000 acres claimed by European*, the New Zealand Company (assuming -the validity of their purchases) will be entitled, by an arrangement entered into with

them by the British Government, to a grant of not less than about 1,300,000 acre*. " That, under the provisions of the Land Claim* Ordinance of this colony, Session 1., No. 3, the old land claimants will be entitled to receive grants of not less than about 200,000 acres'; and that the remaining 300,000 acres are the only lands in the colony possessed by the Crown, by purchase or otherwise, over which the Government has a disposing power. " That although the Crown has obtained by treaty from the natives the right of pre-emption ever all native lands, and all titles to land that may not be confirmed by grants from the , Crown have been declared by a local law to be null and void ; yet, looking to the capability of New Zealand for the breeding and feeding of sheep and cattle, to the value and extent of its ' mineral wealth, and to the numbers and intelligence of the native owners of the soil, it will be impossible to prevent the European settler, by any legislative enactment, from obtaining by private arrangement with the native owners at least the temporary use and occupation of the land in an irregular manner. • " That although the New Zealand Company, in" disposing of their lands in New Zealand, have hitherto proceeded upon a systematic plan, and have required a high price for their, lands, there is no security (as may be seen frou their own views upon this subject) that they may not abandon that system, and endeavour to dispose of their remaining lands by offering them to public competition at a low upset price. " That, from the other class of landowners {the original settlers—who, by a recent arrangement, have been allowed the option of exchanging their lands for other lands in the district of Auckland) land may be readily purchased, and to the extent of many thousand acres, at the rate of less than s*. an acre. Under these circumstances, the Government has not the power of prescribing the price below which lands in this colony shall not be disposed of. ; " That the aboriginal inhabitants of New Zealand are cul- ' tivators of the soil ; that experience has shown them to be both willing and able to perform most of the ordinary operations of labour; that in various parts of the colony they are working for hire for tbe European settlers at a moderate rate of wages — from Is. to Is. 6d. a day ; and that, looking to the nature of the most valuable resources of the country, capital rather than labour will he required to be imported into the colony in order to ensure their useful and successful development. " The Council are not unmindful of the difficulties that , may stand in the way of * change in the existing system; but, seeing that this colony differs so essentially from the neighbouring colonies, the Council ore of opinion that the foregoing facts should be brought under tbe consideration of her Majesty's Government, with a view of suggesting the propriety of repealing so much of the ' Act for regulating the Sale of Waste Lands belonging to the Crown in the Australian Colonies,' as enacts that the 'Australian "Colonies' shall be deemed to include the colony of New Zealand. " That, with reference to the system now existing under which it is sought to prevent the aboriginal owners of the land from exercising any disposing power over it, Yijther absolute or partial, in favour of «ny person of -European birth, the prohibition has already excited much dissatisfaction in their minds, which, from their growing intelligence and appreciation of the value of land, is liable to be increased rather than diminished: besides which, this prohibition affords ill-disposed persons the means of inducing the natives to be dissatisfied with the British Government generally ; and as, in defiance of any legal enactments, the European settler will be able to obtain at least the temporary use and occupation of native lands, her Majesty's Government should be moved to consider whether it would not be expedient to modify the present restrictions; the Council being of opinion, founded on local knowledge and experience, that it would tend more to the peaceable and prosperous settlement of the country, that the native owners of the land, under certain well-considered regulations, should be free to dispose of such lands as are not required by the Crown, rather than that such dispositions of land should be made secretly by irregular and illegal arrangements." On the motion of the Governor the resolution was read, and, after a long discussion and several amendments, adopted and ordered to be forwarded to the Home Government. It assumes that this colony contains about seventy millions of acres, of which twelve hundred thousand belong to the New Zealand Company, two hundred thousand to land claimants, and three hundred thousand to the Government ; the residue to the natives ; — that the land being so owned, there could be no waste lands, and the Land Sales Act is therefore unsuited to the colony ; besides which, in consequence of land claimants exchanging their claims for land near Auckland, several thousand acres can now be purchased at five shillings per acre ; — and that the pre-emption system has created dissatisfaction amongst the natives, who, increasing in intelligence, are daily becoming more sensible of the value of land, which disaffection is fostered by parties inimical to the Government. It therefore prays that New Zealand may be exempt from the Land Sales Act, and that the pre-emption system be modified. The following bills were read a third time and passed : — The Dog Nuisance Bill, the Land Claimants' Estates Bill, and the Licensing Amendment Bill. The Council adjourned. Thursday, July 16. Present — The Governor and all the members. The minutes of the last meeting were read and confirmed. His Excellency, after addressing the members to the following effect, dissolved the Council:— " Gentlemen — Having completed the duties so cheerfully undertaken and earnestly fulfilled by you during this third session of the Legislative Council of New Zealand, it has become my pleasing office to release you, until next session of Council, from the difficult and responsible task of legislation. " Allow me to offer you my cordial and sincere thanks for your regular and persevering attention to the measures submitted! o your consideration. " I am sure that the Home Government, as well as the residents in this colony, will appreciate the pains and trouble you have taken. They are well aware that members of Council, in a young colony, have many urgent demands upon their time, which render it difficult to give the necessary degree of deliberate attention to proposed legislative enactments. " It is a source of great satisfaction to reflect that our united efforts are likely to be rewarded by a more prosperous state of affairs-— by a more cheerful condition of our community. " I consider that a crisis has been passed, and that, provided we persevere in a strictly just, humane, temperate, and industrious course, we shall not fail to see our honest exertions rewarded by temporal as well as spiritual blessings."

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https://paperspast.natlib.govt.nz/newspapers/NENZC18440928.2.14

Bibliographic details

Nelson Examiner and New Zealand Chronicle, Volume III, 28 September 1844, Page 3

Word Count
6,712

LEGISLATIVE COUNCIL. Nelson Examiner and New Zealand Chronicle, Volume III, 28 September 1844, Page 3

LEGISLATIVE COUNCIL. Nelson Examiner and New Zealand Chronicle, Volume III, 28 September 1844, Page 3