The New-Zealander. AUCKLAND, SATURDAY, FEB. 16, 1861. THE PROVINCIAL COUNCIL.

New Zealander, Volume XVII, Issue 1548, 16 February 1861, Page 3

The New-Zealander.

AUCKLAND, SATURDAY, FEB. 16, 1861. THE PROVINCIAL COUNCIL.

J.', •! .Btijtiit aid fesi'in.Att'' < ' *•'" P»•}?.** m ail the end* tJjCAJilp'lt at. be thy CoWtry!i, Thy God's, ?nu Truth l *.

Oun record of the proceedings of the Council during the past week is necessarily meagre. On four successive, days there has been a !f count-QUt,!' one-third of* the" niepibe'rs riot Having been' present at ,the drtetltrirj df the sitting. After the spasmodic effort to throw out the Fire Bill, the energies of certain honourable gentlemen appear to have collapsed, and the session, the last of the present Council, has since been merely guttering away. There, are, nevertheless, some measures of great importance awaiting attention. Foremost amongst them we place the question of ■Water Supply for the City of Auckland. It is almost neeuless to repeat that* the condition rif, the City, in regard to • its! water supply, is a disgrace to any community. It is narcjly credible that the representatives of the people cannot, just now, be prevailed upon even to consider of a remedy, and that when the question is proposed for discussion in the Provincial Council it is shelved by a count-ont. There stood also on the Notice paper, for the second reading, a Bill to enable the Superintendent to lease portions of the valuable endowments recently granted for the harbour of Manukau, and to obtain the funds necessary for effecting improvements in that rising port, which is becoming one of considerable resort. A snm of £SOO has been voted for rendering Slippery Creek navigable, in order that supplies

of coal from the Hunua might be brought to Auckland more cheaply and quickly} but as this vote is a charge upon the Harbour Trust, the Hunua must wait, Onehunga must wait, and the Port must wait, until it pleases the Council to resume its sittings. We fear, however, that further progress is almost hopeless, and that public interests mUst for the moment siiccunlb to " opposition.'* The simplest mode df dealing with the present difficulty Avill be to prorogue. The Government have' done their litniost, we believe, to forward the projects df improverdertfc before nienlipnetj. Sydney Smith once declared that Railway carriages, on a certain line, would not be improved until a Bishop had been, killed ; a ifinflagrasion, .or an epidemic of typhus in the City may have, perhaps, to be endured as a practical enforcement of the necessity of an organized I'ire Brigade, or of a sufficient water supply. A shipwreck, which would have the effect of destroying the character of the Port of Manukau for years to come, may be needed to teach us the insufficiency of the means at present in use for the security of that Harbour.

We print below a letter from Archdeacon Maunsell, complaining of a quotation from his opinions on Native Tenure, which appears in thei" Notes" published bv Government on Sir William Martin's pamphlet, . Anything which comes from'the pen of the will be lead with the attention due to tu's estimable character and acknowledged experience in Maori questions; it appears to us however, that he refers with somewhat unnecessary asperity to the use made of his name in tho " Notes." In a controversy of such deep interest as that created by this unhappy insurrection, it ought not to be made matter of blame that any one of those who take part in the discussion should arm himself by careful study of the best authorities on Native right; nor can any one, we think, even if he has changed his mind since his original opiir.on was made public, —fairly complain of that opinion being quoted now. There is nothing which it is more desirable at this moment to promote than the formation of a sound public opinion upon tho Native Question; it is with tnis view that we publish the pamphlet of Sir Wm. Martin and the reply of the Government at the same time, that thus both parties mav have fair play. Discussion, guided by an earnest desire for truth, will do much good, and if, in the course of that discussion, any one. should find himself confronted with an opinion, which, having formerly held, he may see occasion to alter, there will not be much to wonder at in the novelty of such an incident and there cannot be good cause for aager.

In the present instance we find that the quotation of which the venerable Archdeacon complains, is taken from the Parliamentary Blue Book for 1840. In the evidence of Mr. Daudeson Coated, Secretary to the Church Missionary Society, the following 1 passage occurs:—

Q. 731—D0 you know what is the process by which they (the Church Missionary Society) proceed to acquire those lands : is it by treating with the Chief on behalf of the tribe, or treating with the Chief as being the individual proprietor ? I am not cognizant of the fact, but / think there can be no doubt that they treat with the individual who is supposed to lie the real proprietor; but there is sometimes great difficulty in ascertaining who is so. Perhaps, in reply to that question, I might read pait of a letter which I hold in my hand from the Rev. It. Maansell, one of the Missionaries in the southern part of the island, which takes up the point who has the right or power to convey land ; it is a letter of the 28th December. "There is one point of very great importance, not only "on the score of justice, but also as affecting the future "peace of the settles, which I must again mention, "viz., the precipitant manner in which land is purchased. As I stated before, the land does not, gen- ( erally speaking, belong to one individual, but chiefly "to the tribe. Often there will be only one main t>ro- " prietor, or ' take' as they denominate him ; but if ho "be net a chief of rank, the head man will take upon " him to dispose of the spot Often, and mure fre- '' quenlly, there will be many ' take,' and one of them ' mil sell without consulting the others. Thev in their "simplicity take no proper steps to resist, the Euro"p»an, the grand object of their desire, comes to " reside, the thing is hushed up, and they lose their ' land. There are difficult points connected with this question, e.g., a tribe will give a spot of land to an- " other, cither as a marriage portion or to induce them to reside, &c. The former are still ' take,' but the JJatter (may if they like) sell; only they generally hand over the payment to the former, reserving for | themselves the'honour attendant on transfer. Tne latter again, if they be powerful, will sell without the former; all being regulated by the (( reiaiiwe power of the two parties. At the same time u * consider that to a valid document both parties' (i names should be attached. Neither is it a difficult m matter to satisfy the others when the main ' take,' if he be a man of rank, has given his consent."— LwLPap. 1840, pp. 84-5.J

, The conflct of authority as to what really 18 the character of Native Tenure be comes «tremely formidable, and there is room to uoubt that rules or modes of dealing which 'lave grown out of transactions with Europeans have been confounded with, or mistaken •or, pure Maori law. It is interesting, under these circumstances, to meet with an opinion given by a competent observer in the year of grace 1839, before anything had been heard of oeignorial rights," of "mana, M or of landleague.

We have ourselves as yet no settled theory, »ke others we are seeking for light ; but it aoesaeem as if the opinion of Mr. Maunsell

statement made by fyhv McLean to the Chiefs at Kohimarama in 1 y6O, "that no fixed law qould be said to exist, except the law of miffht," and goes a-good way .to show that ; . in those diiys a Native proprietor thought, himself, at liberty to sell his land vvheh he pleased,, without consulting any one else, all disputes "being regulated by the relative power of the two parties." If this is what the Government intended to prove by their quotation, and if such proof be legitimately deducible from the recorded opinions of Archdeacon Maunsell, we cannot see that he has much reason to find fault.

•• Often there will tic rtrity dne rruifl pfoprietdf Of tdke [fnilTfcc of HUe]; b'dt if he be not a fcHlef of rank, the hedd roan will take upon him to dispose of the spot. Often,, drid more frequently, there will be oevtral lake, a'nd o'tte of them will fell without comulting the others. —ArcMOBAioV Mjunskll."—[Notes by tho Government on Sir W. Martin's pamphlet.] To the Editor of the New-Zealander. Sin,—ln the reply to Sir Wm. Martin's pamphlet, part of which von published last Saturday, I am surprised to find that I am made to express views exactly the opposite of thoso which I really entertain. A few months ago I examined, as well as I could into the nature of Maori title to land, and published theiesult in two letters to the Southern Crossj Under the name of " Anglo Maori." "' » ;..; .; The general result of my inquiries \,aG, that while individuals may claim, occupy, and even appear to be the sole disposers of pieces of land, there is yet in tho tribe a right, if they please, to interfere; the Chief or Chiefs being the exponent of this right. I mentioned also cases in which sales by individuals was valid, their validity being derived from the acquiescence of the tribe in the sale. This conclusion, I may add, has heen in no way shaken by the Government answer to Sir W. Martin. What I feel they should have proved is, that according to the Maori custom, sale by one or more individuals is valid against the opposition of the tribe. Would Maori popular feeling condemn such an opposition as unjust or tyrannical? Of the exceptions I was quite aware, and mentioned them to Sir W. Martin when he sought my opinion. It was therefore with great surprise that I found that my general conclusion in those letters, was ignored by the writer of that reply; and thrtt one Of the exceptions Was paraded forth as the rule; without even the condition on which it depended.

By what authority, also he ha 9 thus been enabled to isc my name, I am unable to imagine.

I am. Sir, Your obedient servant, It. Maunskll.

RESIDENT MAGISTRATE'S COURT,

Friday, February 15th, ISCI

JiMBS IUJRGESS V. JOSEPEIt OSKERTHS hiMLET.

\ '•'■ . I . : i.i.i, , • , iAfter our reporter had left the Cpurt o'n Tuesday last, Mr. Hamley appeared and said it was through' no disrespect to the Court that he had absented himself, but that ho had instructed Mr. Fqnton. to appear for him, who had failed to do so. We .think it necessary, .after,the pointed language used by \l%. Merriman. to. state this, which would have appeared in our last issue, but, as we have already stated, our reporter was not then in Court and only arrived in time to hear of the adjournment to this day. The case being called, Mr. Merriman appeared for the informant. The indictment being read, charged Mr. Hamley with a breach of the Harbour Regulations, in ordering to be shipped on board the schooner " Bessy" a quantity of powder, on the Ist of February, 18G1. Defendant pleaded Not Guilty. William Ellis, being sworn, stated that he was a wharfinger of the Port of Auckland, and proproduced a copy of the Harbour Regulations. He was on the wharf on the Ist of February, and saw a quantity of powder shipped on board the " Bessy." It was brought down to the wharf in carts —some with coverings and others with none. He met Mr. Hamley coining up the wharf as he was going down. They had some conversation relative to the powder; and on his remonstrating with Mr. Hamley, that gentleman said it would be " another shilling case."—Cross-ex-amined : He could not swear it was gunpowder. He could not see inside the kegs.—Re-examined : The packages or kejs were of the same description as powder is usually put in. Henry John Warren being sworn, said that he was a mariner, and that he held the contract to the Commissariat, for lighterage, until the sth of April next. He had never received any orders from Mr. Hamley, but always received them from Mr. Clarke, of the Commissariat. He was ordered to take three boats to the Wynyani Pier, and when be arrived there,| as the tidy was out, he was ordered to the wharf.—Cross-examined : He remonstrated with Mr. Clarke, who said that the powder must be on board the " Boanerges" that night, and that it should not be stopped. He saw Mr. Hamley on the wharf, but was not sure whether it was after all the powder was on board, or while there were a few kegs on the wharf. Mr. Hamley was not superintending the loading; although when he came down he told him that the order was all altered, and that the powder was not to go on board the " Boanerges" at all.—Re-examined: After he had received the order from Mr. Clarke, he went to Mr. Hamley, to know when the powder would be ready, as it was at bis store, and iu his charge. The Bench thought that nothing had been proved against Mr. Hamley, as all the evidence had been rather against Mr. Clarke, than the defendant in the present case. Case dismissed. ODD FELLOWS' FESTIVAL. Thursday last was quite a Gala day, as far as the Odd Fellows and their friends and admirers of the Auckland Districts were concerned. Upon that occasion, they held high festival for the second time, the members assembling at their Hall in Queen-street at 9 o'clock. Owing to unforseen causes many were unable to attend, so that it was half-past 10 o'clock before the procession was in a position to set forth. By that hour, however, all was in order, and the movement commenced, headed by the Band of the Auckland Rifle Volunteers who played those thrilling strains "The Irish Emigrant," "The Old Folks at Home," and other airs of a kindred and kindly character. The line of inarch was directed towards the domain, and once arrived there the members formed a ring, giving, in due form and with becoming emphasis, the honours of the Order, the Band performing the National Anthem. After this, each party had recourse to their favourite games, such as Cricket, Quoits, and Foot Ball, whilst some with their Rifles made practice at the target.

At 2 p.m. the dinner bugle was sounded, and the brethren sat down to a substantial repast, provided by brother Roberts. This reflection over, the sports were resumed and carried on until 5 p.m.: when the bugle once more sounded, and the ranks, now swelled by many members, (at first unable to attend) were reformed and inarched homewards, the band playing " Willie we have missed you" Laurie"—" Auld Lang Syne" —and other similar airs—until they arrived at the Hall, where they dismissed—but only to re-assemble between 8 and 9 o'clock—for the purpose of the dance which was kept up with unflagging spirit until the small hours of the following morning, not less than eighty couples being present. The whole of the arrangements were of the most satisfactory kind, and the attention of the Stewards in catering for the wants of their friends and visitors was the theme of general commendation.

Legal—On the 21st ult. Mr. Richard Matthews, Jun., was by His Honor the Chief Justice Arney, admitted to practice as an attorney and solicitor of the Supreme Court of New Zealand.

85th King's Light Infantry.—We learn with satisfaction that this highly distinguished corps lias been ordered to proceed from the Cape of Good Hope to New Zealand, where wc feel convinced that the rebels will have sincere cause to regret the arrival of the King's Light Infanty. Lieut. Colonel Grey, who commands the regiment, is one of tlie-moa* nrt; " : —* ■»

GoVethnJient Lawn.—By kind permissioii of Colonel Sir tf. B. Alexander. K.L.S., and the Officers, the Band tff the 1-ith Regiment will perform a selection of music, on 1 Tuesday next; at 4 p.m. }, ' ' '• . PROGRAMME. X. Quick March Echo of Lucern Busquit 2. Aria — : Bossini 3*. Qurtdrijl^....... i....,,.Hibernian • Julien. 4. Fantasia tfrom Gemma de Verge Bend er 5. Valse ;;;v r i61ante........'., v ...'.....D'Albert 6. Grand Miserere Scene fromTrovatore ..Verdi. 7. Schottisch Southern Cross Artnbn