SYDNEY LEGISLATIVE COUNCIL.

New Zealand Gazette and Wellington Spectator, Volume I, Issue 20, 22 August 1840, Page 3

SYDNEY LEGISLATIVE COUNCIL.

Tuesday, June 30.

The business of the Legislative Council commenced yesterday at the usual hour. The whole of the Members were present, with the exception of Air. Blaxland, who is still unwell. The first orders of the day were for the hearing of those parties who had petitioned against the bill commonly called the New Zealand Title Bill. ■. Before, however, the order of the day was called, the Governor laid npon the table a return, -which had been ordered on a previous day, on the motion of Mr. James M'Arthur,, of the number of trials which had taken place in the Supreme Criminal Court during the sessions of February and May, 1840, with the sentences which had, been passed, and also the different statutes under -which the indictments had been laid.

A petition from H. C. Wilson, Esq., against the New Zealand tiilc bill, was presented by Mr. M'Arthur, and read to the Council. Colonel Wilson in this petition set forth his objections to the bill, stating in the first place, that he was the proprietor of two estates of 5000 acres each, and that he was most desirous that the sovereignty of the island should be ceded to Her Majesty, in order that he might enjoy the privileges and piotection of <i British subject ; but .it the same time, that if the bill was passed in its present state, he was of opinion th.it it would alarm and prevent people otherwise so inclined, from settling on these lands, and rendering them available by cultivation. After the petition had been ordered to be received, Mr. Jones begged to call the attention of His Excellency to the proceedings- at Norfolk Island, under the command of Cap tain Maconochie, which were calculated to produce the most serious effects on the minds of the convict population of this colony. His Excellency stated that the pioceedings of Captain Muconochie, as regarded the doubly-convicted felons who were sent from here, had met with his decided disapprobation, and that he had lately, in addition to his previous instructions to that effect, given positive instructions to Captain Maconochie that his system must not be extended to convicts transpoited to Norfolk Island from New South Wales.

Mr. Busliy was called in and heard in opposition to the New Zealand Title Bill. Mr. Busby in a long address, dwelt upon the injustice which would be done to himself •and to those vrho had purchased lands from him, if this Pill was .passed into law. Mr. Busby was more especially "opposed to the fifth clause of the BHI, which defines certain portions of the territory in Jf ew Zealand, calculated for townships and other purposes, the claims to which, according. to this fifth clause will not be recognized or even re.c'oinmended to be confirmed by the commissioners appointed under the Bill. Mr. Busby alluded to the unceremonious uuiiiner in which he had been iemovi:d from oilice and deprived of his salary, and insisted upon the magnitude of the injustice which would be perpetrated if the lands which he had acquired, on which he had himself lived for several years, and on which his children had been 'born, were now taken from him. Mr. Busby quoted from various parliamentary documents, and also from the'des- . patches. relative to New Zealand, and the instructions 'which had been given to Captain Hobson, showing, accoicling to his interpretation, that the intentions of the Home Government were nor such as to warrant the course pursued by Sir George Gipps. Mr. Busby was afterwards s>ubjected to an examination by His Excellency and some of the members of the 'Council, 3s to the extent of his purchases and the considerations which he had given for the lands he had acquired ; aud also, as to his duties as British resident, and his proceedings- at New Zealand in reference to the confederation of the Chiefs, and the acknowledgement of the New Zealand flag. Mr. Wentworth was next called to the bar, and that learned gentleman commenced by informing the Council that he appeared there in- defence of his own claims to laud purchased from the natives of New Zealand both before and after the proclamations which had been issued by His ExI cellency respecting the colonization of that territory by Her 1 Majesty the Queen of England. These proclamations, he contended, could not be recognized as Valid, as they weie not founded on previously existent law. This position he ; proved by reference to the Commentary of Judge Blackstone on the subject. He therefore maintained, that he was not hound to regard those proclamations, and that, he had as much right to acquire land in New Zealand from the native I proprietor after their promulgation as before it. If any law I did exist which could warrant the proclamations or bear 1 them out, then it was for the authorities issuing the proclamations to show these laws. He believed that no such law did exist. No Royal or Vice-Regal proclamation could i initiate "any law or supersede the functions of the ConstituI tlonal Legislative" Authorities, where such authorities did exist, and in this instance, the proclamation including New Zealand within the jurisdiction of New South Wales, constituted the Councilor this colony the Legislative Authority, from which thfe law, if any was to be instituted, should proceed. Until that step did. take place, he contended' that no' proclamation of government could have the force of law to prevent the ncquisition of lands by British subjects from . New Zealand Chiefs as before. The learned gentleman i next came to the preamble of the bill, which declares that the native chiefs have no right to alienate lands which belong to the native tribes collectively. This ground he disputed, and referred at length to the Annals of America, ■in support of his objections, showjng^hy numerous references and quotations, that the British Government had not only recognized the inherent lighy-oC tlifc; Aboriginal Indians tojthe soil, by recognizing the.claijns of those who purchased land from them, but had alaVpurchased lands themselves, even after, the territory had .bt^eh, taken, possession of by right of conquest, and parcelled out in commissions, under the great seal, into proprietories and corporations Mr. Wcntworth contended, also, that he had also in his favour the greater degree of civilization which existed amongst the NewiZealaaders than: the Indians of America. The learned gentleman alluded to what was repoited to have fallen from the Governor, namely — that no British subject was in, a position to form a new colony without the previous sanction of Majesty* and to constitute a Rovernmeni whose laws and jurisdiction would, be valid. Mr. Wentworth did not contend that Majesty could not afterwards tc P in and ansuine power over them, but he did contend that any subject or subjects were competent to foim a colony, and erect a government of their own, and "that, therefore, the proceedings of the Port Nicholson colonists were perfectly legal. . The learned gentleman quoted Vatel in support of this view of the question, and as it was getting late (live o'clock) Mr. Jones thought he had better postpone the remainder of his argument to Wednesday, (this day), Mr. Wentworth acquiaesed, promising that his argument should not be protracted in coiisenuence of the delay, but that he would leave his books and papers behind him; and think no more about the matter until he'eame before them again.' — Sydney Colonist. -^