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General Assembly of New Zealand.

LEGISLATIVE COUNCIL. Tuesday, August 21, 1P55. Present:—The Speaker, Messrs. Bartley, Gilfilbn, Richardson, Salmon, and Major Kenny. Pursuant to notice Major Kenny rose to move—- ‘‘ That a respectful Address be presented to the Officer Administering the Government, prariug that His Excellency will ho pleased to consider the expediency of taking measures, under the powers vested in him by the Militia Ordinance, Session 5, No. 1, fur the f relation of a Militia, in order that the Government may he enabled to call out the force in the event of an emerg ncy Major KENNY said—He trusted that neither the mil toy character of the motion upon the paper, nor tbc military position of the mover, would impress tho Council with the idea that he was influenced by merely professional motives, in raising the present question, or ti at he was desirous, upon insufficient grounds, to subject his fellow colonists to military discipline. He con'd assure the Council such was not tho case. llwas too sensible of the unpopularity of the militia question itself, as well as of the repugnance which al! men naturally entertain n.-ninst compulsory' service, in think o( louchinz on such a subject without good end sufficient reasons, as he hoped to convince the Council. It would be observed, that he did not seek to originate a Militia Bill, but that be was simply desirous that the Council should request the Governor to consider tlie expedience, at the present time, of exercising the powers winch are vested in him under the tVldiua Ordinance now in force. That such an ordinance should have been enacted, was al least a proof that it was considered (hat its operation might, some day, become necessary, end, if such a necessity was ever contemplated, surely now, that the mother country was engaged in an European war of surpassing magnitude—when tho regular feces of the colony were being reduced and when the colony itself might he visited v\ ,th internal troubles, it must be admitted that a necessity existed lor some local military organization, litii apart from this general view of the case, them appeared to be particular reasons whvßhat organization should he attended to, an regarded the two larger cities of this island, from whence detachments of the regular troops were already in movement to the scene ol the th.* apprehended troubles, to which he had alluded. With regard to the Auckland district, tho necessity appeared specially urgent; because, unless the Mdi fa wire organized, the efficiency of u large portion of,tho military population which it possessed, would lie neutralised. He alluded to tho Pensioners. He would venture to say, that, were any emergency to arise, the ide i would occur to tho minds of nine persons out of ten, that the Pensioners, at any rate, would be available. Ii■.t such was not th- fact. He did not in-an to sav that the Bensio ers would not he ready and willing to conn.) forward, for he believed that, upon the note of hi.inn, each individual would be eager, like the old w;r

horse, to join the accustomed ranks. Of course those Pensioners of ihe New Zealand T'mycibles whose tertp of service had not expired, would be - available at any moment. What lie desired to be unde-stood to sny was, that those Pensioners whose service had terminated, could net be called upon to serve unless the militia were called out too. i hose men had served iheir country for lengthened periods, for which service they had obtained their Pensions. Tliey hud since, for certain oilier advantages, completed another special term of service of 7 years in the Colony—and consequently were not subject to any further Military duty than might bo exacted from any other settler in defence of the Colony. As he had said before he was quite persuaded of the readiness of the Pensioners to turn out in the event of any emergency. He believed that they would actually do so from choice, and from that military instinct winch had become u part of their nature. But it would not be iair to lean upon, and take advantage of, that loyal feeling. Neither did bethink that the community, in general, would bo disposed to do so. But bow could the community help itself? how could the Milita lie called out fur any effectual purpose, without any previous formation into H .nations or Companies, and without any sort of organization whatever? jn bringing forward the present motion, lie did not propose to urge that any expensive machinery should be set at work That did not appear to be necessary, at all events at present. What he would suggest was, that, as a preliminary measure, a permanent staff he organized —and that the provisions, generally, of the Ist 2nd and 3rd clauses of the Militia Ordinance should he acted on.

That would suffice to place the Mditia of ihe settlement in such a condition, that the Government would be enabled to call out, at anv moment, such a portion of the Foice as might be requsit ■, and while those members of the Militia, who had not been previously trained were assembled for that purpose, the Pensioners and discharged soldiers, as a part of the Militia, and nut requiring the same Military training, might be placed ai once on duty. He threw out these rough suggestions, m‘rely to show that the object he had in view was really of a practical character. He could not detain the Council any longer, but would leave the question in in tlnir hands—fueling satisfied that he at least had done his duty in drawing attention to a -object which, in consequenceof ihe part cular service on which lie was employed, bad naturally suggested itself to hi* mind in a point oi view in which, possibly, it might not have occurred to others. Dr. RICHARDSON, in a few words seconded the motion, which wa- unamiou-ly agreed to. Dr. RICHARDSON, then gave several notices of motion, alter winch the Council adjourned until Thursday, at t o’clock. UOU.-'E OF REPRESENTATIVES. Tuesday, Aug. 21, 15 55. The House met pursuant to adjournment. The SPEAKER (having previously read prayers), took the chair at IE o’clock. PETITIONS. Mr. MERRIMAN presented a petition from the Chairman of the Freedom of Religion Society, signed hy him on behalf of the majority of the members ; but as it contained a prayer for the grant of money, could not be received. Mr. SEWELL presented a petition from pensioners, praying that an investigation might take place as to their being deprived of their cottages and laud, without any just cause being shewn. Received. Mr. CARLETON also presented a petition from a pensioner, praying for an inquiry as to the cause of Iris pay being stopped for the space of three years. Mr. CARLETON presented a petition from Mr. J. J. Piercy, praying (or an advance of salary, as he had been mulcted one-half of that, received as Clerk of the Legislative Council. ADJOURNMENT. Mr. MAC KAY proposed that the Honse, at its rising, do adjourn till 12 o’clock to-morrow. Agreed to. LEAVE OF ABSENCE. Mr. MEBRIMAN begged the honorable House to grant him leave of absence for a few days, as important matters, admitting of no delay, required his presence in the country. Leave granted. VACCINATION BOARD. Mr. BA COT rose—- “ To move for copies of any correspondence between the Provincial Government of Auckland and tiie Vaccination Board appointed by the General Government, regarding the best steps te be taken for introducing a general system of vaccination of th e native population.” Mr. TRAVERS said the address ought to made to the Superintendent, who would, no doubt, furnish the House with the copies required. Mr. MERRIMAN thought that a correspondence had already been laid on the tabic of the House, enclosed in a message. Agreed to. AUCKLAND POST OFFICE. Mr. J. O’NEILL rose, pursuant to notice—- “ To move as a resolution an humble Address to his Excellency the Officer administering the Government, bringing under his notice the present working of the Auckland Po*t Oiiicc, and praying his Excellency to cause th? neces ary instruct.ons to be given for putting hat establishment in a thorough state of efficiency, which is so urgently required to meet the increased commerce of the Province.” He brought forward this motion at the particular request of a number of highly respectable merchants of this City, who were put to great inconvenience from the manner in which the Post Office was conducted ; 300/. had been voted towards the building, and another 30i)/. for the services of some competent person to superintend its proper management. Ho wished to know if the money had been expended? 't he building itself was a disgrace to our city, and the interior accommodation was equally bad. He hoped some measures would be adopted towards putting this establishment in a thorough state of efficiency. Mr. SEWELL thought there was some information requisite, previous to such an address being presented. Mr. TRAVERS suggested that the motion be postponed, and that the Report of the Provincial Committee be appended to ttie Address. Major GREENU OOI) supported the motion. The state of the Post Office was a disgrace to Auckland. Mr. CROMPTON said he would support the proposition of Mr. Sewell, for a General Committee of Enquiry. Dr. LEE was adverse to any postponement ; the state of the Post Office was intolerable. After a few observations, Mr. O’NEILL, in reply, said lie could not postpone the motion. Agreed to. TITLES TO LAND IN NEW ZEALAND. Mr. HART rose—- ” To move that an humble address be presented to her Majesty the Queen by this House, praying that steps may be taken to procure the removal of doubts affecting title* to land in the Settlements in New Zealand formed by the New Zealand Company, held under grants from the Crown.’’ In doing so, lie hud some hesitation, as, no doubt many of the legal gentlemen present would be much more competent to explain the difficulty and uncertainty many holders of laud were placed in, in consequence of some questions (purely of legal character) as to the bona fide right of possession. The hon. gentleman then proceeded to read ’ several clauses in the New Zealand Company’s Act, and entered into great length up: n the subject of land orders having been granted by that Company, winch ultimately were, upon tic (ILsolutii uof the Company, created Crown grants, tiling merely registered as having been transferred from that Company to the Crown. Now, in a case of disputed possession, th" party occupying the land would have to prove a negative—a matter of no little difficulty at any time. All ihe old land orders would have to be preserved, and occupiers might be put to considerable expense and trouble in proving their right; whereas, were it gazetted in the usual manner, these inconveniences would be avoided. MESSAGES. Messages from his Excellency having been announced, his Excellency’s Private Secretary was introduced, who delivered the following Messages to the Speaker, who proceeded to read them to the House ; No. 20—Referring to an item in the Supplementary Estimates of 7 5/. lor an increase to the salary' ol the Resident Magistrate, Auckland, and enclosing correspondence with regard to that officer and his department.—Referred to the Finance Committee. No. 23—Transmitting information regarding the Queen-street \\ liarf, in accordance with a resolution iff the House. No. 2-I—Re ill rin * to an item on the Estimates of 600/. for the salary of the Bishop of New Zealand, and transmitting copy of a despatch from one of her Majesty’s Secretaries of State, to the effect that his Lords a p’s salaiy was no longer provided for by Parliament, and that his Excellency was to request the General Assembly to make the necessary provision. After a fc w words from lion, members, this message was ordered to stand ai Order of the Day for Friday. No. ‘-5 Enclosing correspondence with reference to the amount claimed to be due to Wellington ami o'her matter-*—Referred to t'.e Finance Commit; c

No. 2fi—Transmitting correspondence between the Superintendents of Canterbury and kelson and the General Government, on the distribution of the Land Fund.— Referred to the Finance Committee. No. 127—Transmitting abstract of the probatne receipts and expenditure for the present financial year.—Referred to the Finance Committee. No. 28 —Referring to an item Estimates of 7000/. for barracks at Taranaki, and enclosing correspondence with reference to the same.— Referred to the Finance Committee. Mr. HART resumed, and the hon. member entered into a history of the mode of forming the New Zealand Company’s settlements at great lengih, and shewed the extraordinary legal difficulties that had interposed between the Company and their land purchasers, in perfecting a clear and valid title, and the absolute necessity there was of adopting some measures for remedying such defect. Mr. TRAVERS briefly seconded 'the motion ; but considered that if a memorial was presented to his Excellency, in which were embodied the principal reasons for wishing these steps to be taken, it would be more simple than addressing the Home Government, more particularly on a subject so nearly con corning ourselves, and with which we ought to be thoroughly acquainted. Mr. SEWELL would not oppose the lion, member for Wellington. He considered that something should be done to relieve a numerous body of landowners from so much uncertainty. The case requires a remedy, but lie did not consider it the proper course to adopt by appealing to her Majesty. He considered that an act passed by the General Assembly would in a short space of time (and quite as effectually) answer the purpose. Mr. HART, in reply, quoted several passages from the New Zealand Act, in support of his conviction, that, as the words of the Act were so strong, it would be the safer plan by applying to the Home Government. Motion was then put and agreed to. NEW ZEALAND BANK. Mr. HART again rose, to move — “ For leave to bring in a bill to establish a Joint Stock Hank, to be called the New Zealand Bank.” In doing so, he could not dwell too long upon the advantages derived from the establishment of a sound and perfect system of banking, which he doubted not this bill, if passed, would he the means of accomplishing. If a comparison is made between the rate of discount of our banks and those of the neighbouring colonies, a remarkably heavy one is paid by the New Zealand people. Competition, at ail times, is beneficial to the public. Here we have one bank that paid as the last dividend 20 per cent. Surely, this will admit of a slight deduction in favor of the public ; besides, where a certain number of banks establish a monopoly, they will exact the utmost limit for accommodation, and when people are not in a position to give it, we have a large amount of capital lying useless, which might be employed with both individual and universal benefit. Mr. O'NEILL seconded the motion, Mr. SEWELL would wish to se# the present system of exorbitant discount put an end to, which would be accomplished if Bank monopoly was destroyed ; at the same time, we should act with caution in voting the introduction of this bill, if the Bank was to be established upon the principle of limited liabities ; it is also vague in its object, not stating whether the Bank is to issue its own paper; if it is intended, he should not recommend its introduction, unless, at the same time, a good Law of Bankruptcy was established ; the establishment of a Bank upon sound principle, such as the Bank of England, would, no doubt, be highly desirable, especially as he saw by one of the English papers that the Union Bank had made a dividend of 40 per cent. Mr. TRAVERS had not the dread of limited liabilities, as expressed by the last speaker ; on the contrary, considered such a system was calculated to promote colonial enterprise. He supported the motion. Mr. FORSAITH considered, with such an important measure as this the House was not in a position to deal, at present its introduction was ill-timed, and would recommend it to be withdrawn. Mr. MERRLMAN supported the motion : he considered such a Bank was required, with branches in all the settlements, provided no undue political influence was set in motion. Mr. CARLETON would support the motion, presuming that the Bill would be so amended by the House, that it would come out perfect; it was very desirable that so much Bank interest should not be in the hands of English capitalists. Mr. BROWN observed that the proposed Bill was tantamount to the introduction of a new mercantile house in the community; and if by their honorab'e and secure transactions, they deserve support, no doubt they will receive it. Mr. HART, in reply, said he had a duty to perform in pressing his motion. The hon. gentleman entered into an explanation ol several clauses, shewing that the paid-up capital would be sufficient to cover all its engagements, he would leave it in the hands of the House whether it was passed or lostThe Biß was brought up and read a first time. Mr. TRAVERS rose, pursuant to notice — “ To move for leave to bring in a Bill for bringing into operation within the colony certain Acts of the Imperial Pailiament.” The Acts to which this Bill had reference were—one for removing doubts in connection with the Secondary Punishment Act ; and another, for preventing the personal estate of a deceased person from being levied upon, in satisfaction of a mortgage that had been granted during his lifetime upon his real esta e; much incon enience and hardship had been obviated in England through the passing of this Bill. Mr. HART could bear testimony to the same effect, and seconded the motion. Bill brought up, and read a first time. MILITARY PROTECTION. Mr. TRAVERS rose, to move—- “ That a respectful address be presented to his Excellency the Officer administering the Government, praying him to lay before this House, a copy of a despatch from the Duke of Newcastle to Sir George Grey, dated 9th June, 1H53, c-n the general subject of the military protection to be afforded toNew Zealand.” The principle he had, in introducing this notice was, in order to procure some particular document to complete a series, us they would have to vote money in connection with this matter, it was necessary to procure ail the information attainable.—Agreed to. NATIVE LANDS IN NELSON AND CANTERBURY. Mr. TRAVERS rose, pursuant to notice, to move— That a respectful address be presented to his Excellency the Officer administering the Government, praying him to inform the house of the nature of the arrangements entered into with the natives, for extinguishing their title to the lands in the Provinces of Nelson and Canterbury, partly referred to in the Financial Statement presented to the house on the 4th of September, IH.VI, and whether the funds originally set apart for the purposes of the said purchase are still in the hands of the Government, and, if not, how the same have been expended, and also of the probable time when the purchase will be completed. He was desirous to procure some information upon this subject, as certain arrangements had been entered into with the natives, which had not been completed, much io the disappointment of emigrants and others. Agreed to. NELSON POST OFFICE. Mr. TRAVERS rose to move— That a respectful address be presented to his Excellency the Officer administering the Government, praying that he may direct thst the Postmaster at Nelson shall in future attend at the Post office at 10 o’clock a.in. instead of 11, and that the same Post Office be kept open until 4 o’clock on Saturday’s, instead of being closed at 2. He considered that he had only to bring forward this matter to have it rectified. The Post cilice authorities at Nelson had been the cause of much inconvenience to the residents of that place and the neighbourhood. Air. BROWN briefly seconded the motion, which was agreed to. CLAIM OF STAFF SURGEON BACOT. Mr. CARLETON rose, pursuant to notice, to move— For copies of all correspcndence in the possession of the General Government regarding a claim alleged bv StaiF-Surgen Bacot to a grant of house and 40 acres of land at or near Howick. lie would briefly direct the attention of the house to tliis matter, as it would most likely be again introduced at a future period. Mr. Bacot had come out to this country with the undemanding that lie should have a grant ol 40 acres of laud and a cottage, aUo amicipatinspromotion. His c alm had b.-eu disallowed and his object in bringing tins motion forward was to procure some iui'ormauou oa t.,e su• -j• ct. Agreed to. ELECTION OF COLONEL WYNYARD. Hi i IiLi.TON rose, pursuant to notice, to mo vo—- • or copies of all correspondence between his Excel-

lency the Officer •dmini.terin^thToT^^* 1 * her Majesty’s Secretary of State for mi the subject of the election of Colonel Superintendent? of the Province of Aackffi* holding that office while administering tvSl' ° lb '» 1 ° f hi ’ In moving the return he would say as littl. . reserving anything he might have to “ ** Poaiblf, should one be necessary. This was a % mg seriously the General as well *, *&«- Government, and it was therefore ritrht tw should take cognizance of It. would suffice. During the second nel’s presence was required at Taranaki duties to perform as Superintendent of thJ u - St Auckland, he could not be absent to enter into legal arguments to prore that fb of the Superintendent by theGWme^'^S and that all the Acts passed by the Provincial which had received Colonel Wyhvard's gal. His Excellency had been requiredto^*' ll '' the home Government, but we did not know upon the ground of illegality or impropriety the objection not be sufficiently strong 6S » commander of the forces again standing undent, something ought to be dons bv th. bly. f . *• -Mse®. Agreed to. ORDERS OF THE DAY. The SPEAKER proposed that, in accords. tic standing rules and orders, he would call th! of the day. ’ 1 11 “* “fieri CONSIDERATION OF MESSAGE No. u Mr.MERRIMAN said that the Message had refe rence to some old land claims, and covered »om respondence which had been ordered for printirlT was not ready. A select committee had n matter previously, and he would move that tL u * sage be referred to the same committee. Agreed to. MESSAGES 13 & Is.Mr. TRAVERS said that as the house had that d called for despatches in connexion with the milit«! defences of the colony, and as these two Y \ reference to th* tame subject, he would mere thatiU stand an order of the day for Tuesday next. '*** Agreed to. MESSAGE No. 19. Mr. TRA\ ERS said that as an hon, member hid moved for a committee on this subject (the New 2« land Company’s debt) he would move that it *" order of the day for Tuesday next. . in Agreed to. LAND CLAIMANTS’ ORDINANCE AVENn MENT BILL. - : ’ U * The house went into committee on this "B*!!. Mr. Merrinaan in the chair. After a few slight alterations, the heuie resumed. The chairman reported progress, and the Bill u amended, was read a second time, and ordered to bt read a third time on Tuesday ucsl, BARRACKS AT TARANAKI. Mr. SEWELL would beg leave to withdraw the motion standing in his n amc, as he perceived it had beeanticipated by his Excellency in a Message. SUMS RESERVED FOR PURCHASE OF NATIVE LANDS. Mr. SEWELL, pursuant to notice, moved— That a respectful address be presented to his £«»]. lency the Officer administering the Government,pnjl ing him to lay before the house an estimate of the iuna to be deducted from the Ordinary and Land Revenue now under appropriation as first charges, specify irg in particular the sums, if any, which will be required for the purchase of Native lands daring the currency of the period of appropriation, including a statement of all outstanding liabilities on account of the purchasicf native lands. X r r He trusted the house would see the necessity of this mot on. it was clear that all financial mattersorght to be fully laid before them. Last year a largeannmu of the land revenue had been placed at the disposal of the house, of which his Excellency had expended between £30,000 and £40,00(1 in purchasing native lands. T. waa impossible for them to be in a position to ip. propriate money unless they knew how mock wu at their disposal. The system of expending money for other purposes than those originally intended Wu« not only illegal, but was making a complete sham of the Assembly, 4he revenues of ail the Provinces, the Southern in particular, were in a state of utter disorganisation. His Excellency ought to state, as near u possible, the exact sum he would require,- so that they might know how much they had to appropriate. Mr, TRAVERS, in seconding the motion, com;, dered the departure from the estimated expending! highly objectionable. No one could foresee vital amount of evil would accrue from such a course. He would give greater strength to his expression! thin f« hon. mover, and tell them that it was not legal to abstract money voted for a certain object, after htvirj been led to believe that they were at their disponl.M contingency whatever should make them depart from the usual amount laid down for expenditure. Ssth proceeding* would only lend to bring about a coaplete financial rebellion If it were the intentoa ofMi Excellency to abstract all the funds, why not let til house know ? Here the house was led to undratoi that so much may be appropriated, when it diKoven that it had been abstracted and all its actions bewmi deranged —independent of the fact that ihtmoaty-u abstracted was intended to promote the Imniigisca service.

-Major GREENWOOD observed that, as the strives were of a peculiar disposition, being, u it *tr«, creatur-s of impulse, rendered it necessity to unit purchases at one time favourable, which perhaps it ntother time would be done nnder very different circumstances. If a reserve fund was formed, it would « neces-arily very large. Mr. HART said that hon. gentlemen were v«y»:t to attach more blame in this matter than the cirrumstances justified, There are so many difficaitiu, that a little forbearance should be exercised, in iter zeal to promote the welfare of the country, and limit tite expenditure consistent with good poucy. They could inflict serious injury in working out beoeEfcii measures. -Mr PORTER, from information received front Mr. hi‘Lean, could say, that unless the land vu botg-i fora the natives when their inclination suited theta, they would retire in disgust. Mr. BROWN offered a few re narks. Mr. FURS AIIH considered that hon. members c.a not see the difficulty there was in binding his £t»letter down to net within a certain limit; and, pendent ol such a measure being, in his opinion, a* - gal, it was not upon all occasions that his txKheney himself could be in a position to name a certain sil-. The natives were creatures of impulse, and his lency ought always to be prepared with lupd* *•** they showed any inclination to sell, or we might# lose advantages that would have been ultimately put a stop to our prosperity, and pause there n the country. He did not think they could compel Excellency to name any limit without an infrtnge n - < 1 of his rights according to the Constitution At" ■ Mr. CAHLETON briefly supported the motionMr. SEWELL was not sorry this disciissson ww commenced. Difficulties at all times should with a spirit of fairness. It is very desirable land, and it is necessary to have money fort » P pose; hut it is impossible to carry ona gov if the financial affairs are disarranged. 1 c agree with hon. members in recommending ■* , ance, there has been too much shown air • > the matter has been treated too lightly, ~ JTe money sunk in land we do not require- £ £** in one instance, been paid for la “ d * K ‘ESihyears will yield the enormous sum ofi.«J fVjj If lie saw a discreet system was at wor ~ find no fault; but where he saw the s»®e -Antoiu able system still carried on, we roust put a P, Even now, I believe, the House has been .jjbee! a grant of money, when an actual agF®*® entered into, for the purchase of land, nt iug whether the money is to be voted or could expect to find forbearance when go not kept with them? depending upon* the promise held out by Sir George r . a ted upon by his Excellency after ce have been voted for certain purposes, « , oa ble carried away. If his Excellency isi tying his own hands, we must take m length on ourselves. The hon. gentleman » b, $ contended that at nil risks ha wouh t na e. rights of the provinces to the surplus la Motion agreed to. SALARY OF RESIDENT MAGISTRATE NELSON. Mr. TRAVERS, pursuant to notice rose to “ ihat a respectful addre-s to nts Officer administering the Gorernment, p . bet #et* to lay before the House any correspondence j the Superintendent of Nelson anu t e jj. vernment on the subject of the *PP° - salary of the Resident Magistrate of * “ lo th t He would direct ’the attention of the . ; n the, fact, that the holder of the office n w ] J icb, 4: '| motion was also Registrar of Deeds, waS jti■; | cording to the estimates, the saie »o!'» 9 wharetS in reality the Provincial Couna

He wished the matter should be f n qdre P dinto. Native hospital, taiunaki. Mr CRO MPTON rose to move- ’ a respectful address be presented to his the 1 Officer administering the GoveruExCB J nravinil that returns be laid on the table of T" lo P usc, showing — The quantity of bedding and tl,e applied for by the Colonial burgeon Tvevr Plymouth for the use of the Native Hospital #l hj t Province since the month ot June, 1804-; >? n.umti'v supplied of each article applied for ; tbC iter with an explanation of the non-supply ol to fh articles as may have been applied for, but not have been furnished. „ wi nnlv to mention a few circumstances to secure eh 8 nort of the House for the production of these * he “!! P it the time Of the An gust outbreak, there procuring drug,, as .he Caf -.1 s.inreon could not allow them to be provided l0 j"! ut an order from a Resident Magistrate. There va! also a great deficiency in bedding, the most of I* Government should support the hospital of rovioce of Taranaki, at the same time other provinces were called upon to support their own. Agreed to. NATIVE disturbances in new ply. NUA MOUTH. K; t Mr. CROMPTON rose to move—•‘That a respectful address bo presented to hi s Prcellency the Officer administering the Govern' nient, graving that a copy of the report of Mr. Cooper the native disturbances m the Province ot New Plymouth, dated in August last, be laid on the table.” In Join" so, he would only observe, that as this document''had not been sent down with others on the tame subject, he concluded it was an oversight. Agreed to. returns in connexion with land CLAIMS.

Mb BROWN, pursuant to notice, rosa to move—- ■ u ipor a Return of all land* in the Province of Auckland claimed by private individuals, disposed of or otherwise interfered with, in contravention of the resolutions concerning land claims passed by tho House of Representatives 14th September 1854. Also, copies of all correspondence which may have n»gted between the Government and private imlirjdutl* with referense to requests which may have been made by such individuals that the Government ihould abstain from interfering with any lands or claims, of the classes referred to in the resolutions pissed by the House of Representatives on the 14th September 1854. Also, copy of the correspondence —refused to the Provincial Council—between Mr. Salmon and the Government respecting tho settlement of his claim to land at Wanannke.’’ Ha would only observe that these documents were called for, a* he believed that some interference had taken place in carrying out the resolutions of the House. Agreed to. EXPENDITURE OF SURVEYOR-GENERAL’S DEPARTMENT. MR. TAYLOR rose to move—- " That an humble address be presetted to hia Exeallency the Officer administering the Government requesting a Return shewing the Expenditure on account of the Surveyor-General’s Department for the past year, and that his Excellency will be pleased to transmit a statement of the proposed expenditure for the ensuing year." Hs wished to know from what fund the expenditure attached to this office was to be met, this department had been paid out of the land fund. Ho wished to know if this department was still to bo carried on and for what purpose. Agreed to. APPORTIONMENT of members. MB. PORTER, pursuant to motion, rosa to mova—- “ A respectful Address to the Officer administering the Government, respectfully requesting his Excellency to send down a Bill to adjust the number of members for each Province in proportion to the number of Sectors in the same, in accordance with the Constitution Act. And to pray that a dissolution of this Assembly may not take place until the Bill he* received Her Majesty’s assent, and is brought into operation here.’’ In moving this resolution ho hoped to have the support of the whole house, as it simply requires that justice may be done to all the Provinces, by giving to each a fair representation. When a measure of this nature was brought forward last session, lie did not vote for it, b-cause it proposed to give to the Province cf Auckland a larger share of representation than it was in his opinion entitled to; hut he voted for a sum of money being placed on the estimates to make a new election roll, which he then considered necessary, before any fair adjustment of the representation could be made. But he now saw that a Bill may be prepared, which will at once cnibl# the Governor at all times to regulate the number of electors in each Province, and also in proportion to the number of electors in each district of a Province. He would sketch out to the House an outline of the plan to be adopted without entering Into any detail. Upon the supposition that the Pro..vince of Auckland contained 8000 electors, let one member be returned for every 250, allowing the same rule to apply to every other Province. The Superintendent for each Province before a general election, should recommend to tho Governor, the number of districts that were desirable, with the boundaries of the same, and the number of members for each district, it being in accordance with the electors. The Governor might then proclaim the number of districts and the number of members to be returned for each, and serve out writs in accordance with the same. The hon. member then proceeded to observe that by this mode a fair representation would be provided for, in proportion as the colony increased in population, which ho contended was not the case in the Provinceot Auckland. Major GREENWOOD in seconding the motion did so upon the broad principle of justice, he did not j consider Auckland when compared with the Southern Provinces fairly represented. MR. HART would oppose the motion. Ha considered that it was taking an undue advantage of the absence of the Southern members to bring the matter forward. He also considered that his Excellency was pledged in his circular for warded to the mem hers, that no matters of importance to the Southern Provinces would be brought forward. This was Iris reason for opposi' g the motion, for he believed that if the census had been fairly taken, Auckland was equally represented with any other Province. Mr. LEE hoped the House would pray his Excellency to delay the introduction of Responsible Government, until the disadvantages evident from improper representation were removed. Mr. TRAVERS was surprised that this motion should be introduced after the pledge contained in the circular previously alluded to by an hon. member, he attended at great inconvenience, merely to legalize the expenditure, and not to entertain matters of such importance to the Southern members; had they been aware of its introduction, they would at any risk have shown by their numbers what amount o interest they took on this important matter. In speaking for himself, he would say, that sooner than this question should be forced upon the House, he would tender his resignation. Mr. MERRI MAN considered that the last speaker had held out two distinct threats, but which would not prevent him from doing his duty. The hon. member ce tainly can leave the Council, and so disB( dve the business. He considered that Auckland wasn or fa.irly represented; but still he would oppose me motion because of its aiming at a postponement of the dissolution. Mr. ’ONKILL would support the motion. lie Xidtl that independent of a numerical consideration, die standing of Auckland as being the metropolis and the centre of commercial attraction, and its influence &s well as its wealth, entitled it to a more liberal representation. It was not right that hon. members, who did not aide with this motion, should hold «ut threats. Mr. BAC'OT would have voted for the motion had the Southern members been present to defend tiieir own interests. -dr. BAYLOR would oppose the motion; ho did not insider this the time to bring forward so important 8 question. . r ; EORSAIT/I would vote for it if he could *ee no injustice in the proposition. -dr SLWELL felt at a loss how to attempt to elicit iny ‘"formation from hon. members that would put a correct interpretation upon the Auckland language. lore was a peculiar style about it, that it appears very th* j- understand. It possessed, in many cases, ‘ e "ne and peculiar qualities of the woodbine; you ■gnt twine it any way. So it appears from the conruction put upon the Circular received by lion, inernr *’ w b° were told that nothing of importance would brought forward to warrant their attendance this Si ' ot"’ 0 t "’ a "d then, when they were not there, hon. ambers said— oh no, they ought not to have taken it a " intimation t,> remain away. The hon. member

spoke at considerable length, and with much bitter ironry, shewing the injustice of taking undue advantage ot the absence of members who almost had been told to remain at home. It had very much the the appearance of a trap. He and his lion, friend would withdraw, and die hoped the Northern members would support it.

Mr. CAIILETON was aware that the question could not come to a division —that the Southern members, by retiring, could force a count out; he was aware that he could not be obliged to declare himself, one way or ; theolher—that no one, unless he chose, could know which way he was inclined. But he did not choose to | screen himself behind a count-out; lie should : stale his opinion, without regard to consequences. His Excellency had sent a circular to the South, stating that the business of the Session would be confined to two bills, and the greater number of the Southern members had consequently not thought it worth their whi'e to attend. The statement amounted to a pledge; his Excellency could not send down another bill, for the circular would then become a trap, and he (Mr. C.) would not he a party to asking the Governor to commit a breach of faith. Otherwise, he saw no objection to inviting his Excellency to send down a bill. He believed, himself, that Auckland was not I'u'ly represented ; he did not found ius opinion upon a numerical basis, but upon her comparative general importance. The The object of the present motion, however, was not that which appeared upon the face of it. The mover knew that he could not carry it, for want of a House. It was not a bill that was sought, but a party end. The motion had a hidden meaning—it had a reference to coming events. There was an election coming on, and this was an electioneering move. A powerful handle would be made of the votes on this occasion: the motives of those who opposed the motion would be perverted. Tie had foreseen this, from the beginning of the session ; he was quite aware of ths cry that would be raised ; lie had counted the cost, and did not care. He might have been silent, but did not choose to back out of the difficulty. But ho knew what the object of the motion was—to force him to vote against it. [The Speaker interposed —the hon. member was out of order—he could not impute motives.] Mr. Caileton stood corrected. He would revert to h's first position—that the Governor was pledged. The Governor could not comply with the motion, and he (Mr. C.) would never he a party to asking the Governor to commit a breach of faith. Mr. BROWN would be glad to see this question brought forward, but this was not the time ; no doubt it would sooner or later, be determined upon, but it could not be entertained under existing circumstances. Mr. POUTER replied, briefly contending that the same excuse was being continually brought forward by hon. members; it was never time; and he thought that the time would never come for Auckland to receive justice. After leave was given to withdraw the latter part of the motion, the House divided ; but when the division list was handed to the Speaker, lie announced that only eleven members were present, ami that the House stood adjourned accordingly.

Wednesday, August 2S. The Speaker took the chair at 12 o’clock. There being no quorum, the house adjourned till Thursday. Thursday, August 23. The House met pursuant to adjournment. Present—The Speaker and 17 members. The Speaker read prayers. The Speaker took the chair at 12 o'clock. The minutes of last meeting were read and confirmed. MESSAGES. Messages from his Excellency having been announced, his Excellency's Private Secretary was introduced, who delivered the following Messages to the Speaker, who proceeded to read them to the house : No. 29—Contained Returns from the Provinces J Auckland, Nelson, Wellington, Canterbury’ and Otago, of all lands which had been granted (without payment) for religious, educational, or other public purposes on account of public services. No. SO —Contained application of Rebecca Taylor, widow of an officer of Customs, for favourable consideration of the house. Upon the proposition being made that it be referred to the Finance Committee, Mr. SEWELL could not see upon what grounds a matter of no public importance should be referred to a committee, whose duty certainly was not to inquire into the justice of a private application for relief. Mr. CAKLETON maintained that there ought to be some sinking fund to make provision for the widows and children of deceased officers of Government. Some years ago, when deaths wers not so numerous, it perhaps was not of so much importance, but when there lias been such an increase in the stall ot Government officers, deaths were coming thick upon us, at the same time he did not think it was within tire province of the finance Committee. Mr. O’NEILL observed that, were this claim entertained by the house it would open a door for hundreds of other applicants, which it would be found difficult to close.

Agreed to. No. 31—Covered despatches from the Secretary of State for the Colonies respecting the Bishopric of Ntw Zealand, and the appointment of Mr. Selwyn as Bishop. Laid on the table. Message No. 32—Covering return of mans of money arising from land sales up to 30th June, 1854, the sum of money claimed under Imperial Act* by the New Zealand Company. No. 33—Covering copies of despatches from the Duke of Newcastle to Sir George Grey, touching the military defencer of New Zeal ml. No. 31—Covering correspondence relative to a Resident Magistrate at East Cape, at a salary of £IOO. Correspondence between the Colonial Secretary, Archdeacon Williams, and Commissioner M‘Lean. No. 35—Application of Judge Stephen for an increase of his salary. NEW ZEALAND COMPANY’S DEBT. Mr. HART, pursuant to notice, begged leave to move— That a Committee be appointed to consider and report upon the sups to bit taken to follow up and give elfect to the proceedings of the House, during 11.0 former session, relative to the New Zeeland Company s Debt. Such Committee to consist of Messrs. Sewell, Crompton, Travers, O’Neill, Forsaith, and the mover. The Report to brought up on the 29ib August. ’ In doing so, it was not necessary to enter fully into the particulars of the matter. That two Committees bad been been appointed last session fur a similar purpose, but bad not come to any decisive conclusion. Motion agr ed to. SURPLUS REVENUE AND CONSTITUTION ACT. Mr. PORTER rose to mote—- “ For leave to bring in a Bill to alter the Constiution Art, and the appropriation ot tbe surplus revenue, by dividing it among the several Provinces in the like proportion as the net proceeds of the said revenue shall have risen, he amount of the civil list being first taken from the Revenue in proportion to the gross amount contributed by each Piovni-e.” He observed that the intention of this fill was to give own money in their own way, without ibe interference of to these Provinces the power of appropriating their tbe members of other Provinces, who might act as arbiters when occasion may rerc quire. Mr. FORSAini would second the motion, not with any idea that it would bo entertained this session ; but in order that members mav have an opportunity ot dismissing the matter. To alter the Constitution at any time is a serious matter, but especially under present c rcu in stances be would not recommend it now,as sooner nr I iter many material aheraiiona must be made, of eounl importance with tlie cue named in the bon. gentleinan’s mot ion. .Mr. SEW ELI. With all due deference to t lie inov-r, thought be on tht not to be allowed to take initiative in lids important mutter. Mr. Travers thougit the bon. mover had misunderstood the Constitution in supposing he could bring in a Bill similar to the one named m his motion. No bon, member Could deny the wi-dorn of the principle intended to fie introduced, but in the present stale ol the House it is not prepared to goat length in o the discussion of it, he would recommend the Lon. mamber to withdraw Ins motion. Mr. CARLE'TUN proceeded to show- that a wrong construction bad. on several Decisions previously, been put upon clause (in in the Constitution Act, in supposing that the House could entertain the slightest interfereuo® with the civil list. Mr. PORTER would beg leave to withdraw the motion. Leave granted. MR. PARKER OF WAIIIEKI. Mr. CAIILETON, pursuant to notice, rose to nl *'That an address be presented to His Excellency tbe Odicer administering the Govcrnmen, requesting Returns of all correspondence with the Gnneral Go-

vernraent concerning Mr. Parker, of VVuib-ki, who was stripped by the the natives in consequence of a letter written by Mr. C. 0. Davis, the interpreter’’ Ip doing so tie would beg leave to be allowed to expunge the words commencing with "in Consequence, to the end. Mr. TRAVERS did not rise to oppose the hon. membei’a motion, but ought to have something as a guide, to know if this subject is one the House can entertain. By countenancing the inconvenient practice of moving for correspondence, unless where some important public question is at issue, besffius incurring a great expense, and contributing very largely to the waste-paper dra /ver. Major GREENWOOD opposed the motion, as no cause had been shown why the house should entertain a matter in which only a single individual was concerned. Dr. LEE would also oppose the motion, as be believed the affair in question was very shortly to be decided in the Supreme Court. It was more a private subject between two individuals than one fur the consideration of the House Mr. FORSAITII knew that preliminary steps bad been taken in the Supreme Court, and would no doubt bo proceeded with. The House could not step in and interfere in u matter already introduced into a Court ol La w Mr. O’NEILL was glad the latter part of the motion bad been withdrawn, as it asserted almost us much as that, because an individual wrote a certain letter, this native aggression took (dace. Mr, CARLE TON, in reply, would not press his motion, seeing the feeling of the house was against him, and would ask for leave to withdraw the motion. Agreed to. TENEMENTS IMPROPERLY HELD.

Mr. MEHRIMAN rose to move—- “ l or leave to bring in a Bill to recover possesion of of tenements improperly held over.” And he would briefly state that the Bill was similar to the one now in force in England. Agreed to. Mr. MERRIMAN moved the Bid ba brought up and read the first time. Agreed to. Mr. MERRIMAN moved the Bill be read a second lime. Agreed to. Mr. MERRI MAN moved that the Bill bfl printed. Agreed to. NEW ZEALAND BANK BILL Mr. HART rose to move—- “ Thai the New Zealand Bank Bill be referred to n seket committee, to consist of Messrs. Sewell, havers, Merriman, Brown, Crompton, ami the Mover. ho would merely move tins pro forma, us its merits had been fully explained last silting. Agreed to. Mr. TRAVERS peiceived on the table a Bill called a Naturalisation Bill, which appeared to have no pateiual relation, be would objec l to act in tint capacity in numerous instances, yet he would not hesitate to take the said Bill under bis protection. The SPEAKER observed that it was laid on the tahie of tbe hose for the perusal of honourable members, and would be sent down iu a Message, in tbe usual manner. The house then adjourned, at two o’clock, until F ndny, at 12 o’clock.

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https://paperspast.natlib.govt.nz/newspapers/NZ18550825.2.8

Bibliographic details

New Zealander, Volume 11, Issue 977, 25 August 1855, Page 2

Word Count
8,397

General Assembly of New Zealand. New Zealander, Volume 11, Issue 977, 25 August 1855, Page 2

General Assembly of New Zealand. New Zealander, Volume 11, Issue 977, 25 August 1855, Page 2