PROVINCIAL COUNCIL.—Tuesday.

New Zealand Herald, Volume I, Issue 286, 12 October 1864, Page 5

PROVINCIAL COUNClL.—Tuesday.

Thr Si'EAKKii took 1 lis scat at 3 o'clock. There were present jMe.ssr.-5. Carlton, Newman, Williams, Basset, Martin, Ross, Itowe, Dr. Pollen, Coolahan, Cadman, A. O'Xeili, J. O'Keill, Swanson, Keer, George, Sheehan, Swanson, King, llarrop, Chceriemun, Wvnn, i'oie\', Grucliy, Gallaugher. The .Speaker announced that the reply of the Council to the Speech of liis Honor the Superintendent had been iorwarded to him, and his Honor returned thanks PETITIONS. The following petitions were presented :— By Dr. I'o'len, from Elizabeth Johnson and Patrick yrnc. .By Mr. A. O'Neill, from Bridget O'Gura. By Jlr. Cadman, from Jainew Sutherland. By Mr. Cheeseman, from Dr. K. X/. llichardson and others. By Mr. G-allaugher, from Elias Harrison, also from "William Gary, 58th regt., and Wm. Cox and Matthew McC'ormack. 'J hese petitions preferred the claims to land orders of their respective supplicants ta the consideration of the Council. . By Mr. Wynti, from Dennis Maekam and James Wood. ]5y Mr. > c keen,' from Captain I.ovett ami Maria Andrewwatea. These petitions, on the motion of the several gentlemen presenting tliein, were received and ordered to lie on the table. M liorjAOKa. The following messages from his Honor the Superintendent were received — Correspondence with the Provincial Surveyor respecting a plan for relieving the over-crowded state oi the Provincial Hospital Copies of letters from the Colonial Secretary respecting the maintenance of the Great South Koad. Copies of correspondence with the promoters of Industrial Schools on the subject of the sale to the Provincial Government of the school-building. A return of all appointments, with the amount of salaries attached to each, made from last session to the present time. (Moved by Mr. J. M. Foley.) Moved by Mr. Kino, seconded by Mr. I"o r.EY, " That the return be printed."

Carried. , ~ , . A bill to divido tlie Provmeo of Auckland into new oleetoral districts. Moved by Mr. Wymn, soconded hv Mr. K.EUB, "That tho bill be printed,also that it be referred to a Select Committee.

Carried. Copies of letters from settlers iu tho Jvaipara district, praying that means might, bo taken for tlie establishment of steam communication. Copies of letters received asking for a grant iu aid of erecting public baths at tho Wynyard Pier. Copies of all correspondence relaf ire to address SO, section 16. (Moved for by Mr. King.)

QtTKSTIOX. Mr. FoIET rose to ask the following question, of which he had given his notice: I f the Government intend carrying out tho spirit of tho Kesolutiou passed last tiession —that of Ministerial responsibility in public nfliiirs. Mr. said that as the hon. member (Mr. Carleton) had given notice of a substantive motion relating to the question asked by tho hon. member opposite, he would defer his reply until that motion should come under discussion. Mr. Koi.kv moved and Mr. Kino seconded that the hon. member's answer bo taken down. Cariiod. MOTIONS. Mr. Cadma.v moved that a respectful Address bo presented to his Honor the Superintendent, requesting him to send down to this Council the whole of the plans, drawings, and specifications of the proposed Public Buildings: with a statement of those chosen, and prizes awarded, together with tho cost of the various buildings. I[o said that it was understood by the resolution that tho whole of tho works should be carried out by tho Provincial Government. Instead of that a commission was issued, and when the Superintendent was linked to oxert his influence on bohalf of tho Province, lie said that ho had only liis own simple vole. Ho considered that as this Council had to find tho whole of tho money, they had a right to ask to whom had the prizes been awarded, and what was tho probable cost of tho proposed buildings. Mr. Cooi.auan seconded the motion.

Mr. Maiitin said that so far as the Supremo Court was concerned, the property belonged to the General Government. Mr. KUNO desired the Superintendent to net not as the member of a particular, but as tlie Superintendent of the whole Province. It was in this latter capacity and not merely as a member oi a commission, that the l'rovince had a light to look to him. It was well known that the site of tiie Supreme Court w;us intended or was most suited forthe Post Otliee. The whole Council, tlie wludo city, settlers and sojourners were unanimous on that point. This spot had been decided upon by the former Committee. J1 o should certainly support the lion, member, Mr. C'niiman, iu stopping the funds, unless the Provincial Council were to havo the control over tlie outlay for these public buildings. The designs were all, with the exception of Government House, most unsuited to the requirements. vnovixciAL sec. 7. Mr. N Ew.man* said there was indisposition on the pait of the Executive to shift the responsibility with respect to these works. He rather suported than opposed the motion of the lion, member. It should, however, be considered while on the subject, that the moncv to erect these buildings, viz., Supreme Court and Government House, would come from land belonging to the General Government. The Postolllce and Custom-house, on the other hand, would be purely a provincial undertaking. Mr. O'Neill did not think that the Superintendent had complied with the wishes of tho Council that ho had failed in courtesy to it. The resolution was to the effort that the money was to be expended under the immediate superintendence of tho Provincial Council. Captain Daldy, who had preceded the hon. gentleman in olHce acquiesced in the arrangement. The resolution was that the buildings ought to be erected under tho superintendence of the Provincial Council, as the money belonged to the Province. Tne Government appeared to have backed out of the responsibility—they were not doing what devolved upon them as servants of the public. He should allow many who had energy to do this duty to do it. The Province had become overrun with a small army of engineers, assistant engineers, draftsmen, assistant draftsmen, surveyors, anu assistant surveyors.

Dr. Pollen agreed with the lion, member who had just spoken, that in ibis matter the Government had not acted constitutionally, or if they had they were wanting in courtesy. After some further conversation the motion was carried. Mr. Cadman also moved, "That a respcetfnl address be presented to bis Honor tho Superintendent, requesting him to send down to this Council a list of all the works, of whatsoever description, that have been undertaken' in tho Northern Division since December, 18615, with the cost of such works; also, a tabular statement as to whether the works have been canned out in conformity with the votes of tiiis Council." Mr. Siieehan seconded the motion, which was i carried. ' Mr. Caw.f.tox moved, " For leave to bring in a Government Contracts Bill." At the suggestion of the mover and Mr. "Wynn", "That the diseuss-ion of this bill, to restrain the Superintendent making contracts with members of the Provincial Council, bo taken on Friday next." Mr. HaT£Roi' moved, "That a respectful address be presented to his Honor the Superintendent, requesting him to send down to this Council any correspondence relative to the removal of the slaughter - house at Newmarket; also plan or plans of proposed new site." Mr. .T. O'Neit.l seconded the motion, which was agreed to. Mr. Allan* O'Neill moved, " That the petition of Messrs. Kcetley, Liddle, and Davy bo referred to a committee, consisting of Messrs. Foley, MeGee, Newman, Sheehun, Swanson, and tho mover, with power to cull for persons and papers." Mr. Foley seconded the motion. This motion had reference to the right of ownership in a certnin shell-bank on the North Shore. The petitioners alleged that persons under the authority, of the Government removed tho shells, which were valuable, and they prayed compensation. Objection was now taken to it that it was informal beenuse containing a prayer for compensation. 3t was ultimately arranged that the petition should be referred to the Private Grievance Committee. Mr. Cahlkto.v moved •' That the petition of Thomas James Jaggur be referred to the Committee of G-rievnnces." Mr. Rovvk seconded the motion. The Provincial Secretary said that ho li nd o objection to tho last motion going before the Grievance Committee. Tho fact was, tho petitioner hud made claim to more than it was thought he had a right to. Tho question in dispute admitted of two opinions. Dr. Pollen then rose to move, in pursuance of notice, "That it Solcot Committee bo appointed with instructions to inquire into tho circumstances under which a sale of town land, at Ngaruawahia, was recently ctleeted by tho authority, us is alleged, of tho Hon. the Defence Minister; Committee to consist of Messrs. Bassett, Coolahan. Harrop, Kerr, J. O'Neill, "Williams, and the mover, and to have authority to call for persons and papers." lie said, —Sir, tho terms in which this motion is stated expresses pretty clearly the object of it, wl licli object I am desirous to obtain, and I hope that others will concur in this desire, namely, to acquire all the information that can be procured with respect to the circumstances under which tho sale of certain public land situated at Ngaruawahia in this Province, was held in this city. The circumstances of that sale so lar as they are known to the publie, appear to be tho following About the month of July there appeared a notification in tho publie newspapers in this city to the lollowiug eli'cet. •' Ngaruawahia, Quoenstown. 1 hereby notify for tho information of tho public that the township of Queenstown, Ngaruawahia, will bo offered for sale at tlio Waste Lands Otlico on tho Sth oi August: signed C'has. lleaphy, chief smveyor, &e." This notification having respect to tho shortness of tho notice was extended and a more lengthened noticc given, anil on tho Sth of September, there appeared a notification which I now hold in my hand, a notification published in tho J J at!;/ Sunt/,em Cross. " Mr. Samuel Cochrane has been instructed by the Defence Minister—by the Defence Minister, will sell that portion of land called Q.ueenstown, being a portion of a block of land situated ill Ngarua wahia, and on the same day—same day, there appeared a notification in another daily paper, which has tho credit of being occasionally inspired by persons in high authority, to the following effect. " To-morrow the Koyul village of Potatau, will bo offered by publie auction, at Air. Samuel Coclirano's auction mart, 1' ort-street, to tho good lieges of the Queen, in these colonies, and tho Imperial Ministry, who will have been taught the wholesome lesson that let them

hodgo round tho Acts at tho Colonial Legislature as thoy may with conditions and regulations, tho colonists, havo a will aiul a \vay of thoir own, from which thoy aro nc-t easilv to bo turned." ["Mr Mahtin : Namo tho 'paper. Dr. Pollux ■ Tho Nj-w Zi!ai.and Hi;iiai.u.] On the day following a number of porsoim assembled for tho purpose of being present at tho sale. Before l-iowovor, botore any proceeding woro held a native woman a Maori woman, whose rank and birth among her own peoplo entitle lior to bo described as 0110 ol the chiel personages of lior nation. This woman, a Waikato woman, inado a protest on bohalf ot lior children, boforo tho Kuropoan public there assembled, which 1 will with the permission of tho Council, read. It is translated in tho newspapers, and runs as follows. " I Timata, protest against the sale of some land called Ngaruawahia. Tho boundary 011 one sitie is tho Waipa, another boundary is tho river llorotiu. I am tho root of this land, mv •sun, and 1113' daughtors, and some other relations. Tho multitude know that I am a peaceable individual (sul-ject) of the Queen ; for this cause 1 call (claim) protection for iny lands, as .1 am a Queen's subject, which land has boon assumed to mo by tho treaty of "Waitangi. 1 protest, do not sell or interfere, ns 1 will 110 L agree, if my protest is not heeded, or if my right is set aside, my woid shall ily to tho Queen my sovereign." Notwithstanding ibis protest the sale proceeded. It was considered to bo a successful salo. Many and great were tho congratulations upon tho pecuniary results of that sale, a salo which was described to bo tho first limits of the Government policy ot confiscation. Now, if I am asked what right, this Council lias to take cognizance of this proceeding on tho part ot tho General Government, I answer that tho administral ion of Waste Lands of this province is tho special function of tho Provincial Government, and that tho revenue drawn from tho sale of thoso Government lands, a source from which the provinces generally havo to lie maintained. (Hear.) The administration of tho "Waste Lands is regulated by an Act of the General Assomblv, namely, the " Waste Lands Act," ami also in another sense by tho '• Land Revenue Appropriation Act," passed in the same year. 1 need hardly remind the Council that at the time of passing this " Waste Lands Act there were land laws and regulations in toro in (lie several Provinces of the Colony differing in some veiy material points though they luid been acted upon by the Provincial Government under the authority ol former Acts. I am of course speaking of the time when tlie "Waste Lands Acts were consolidated. By that Act it was proposed to lay down regulations for the sale of land, and thoso were made a law of the Colony. Tho Provincial Legislatures were called upon to provide the facilities for the sale of public lands. In this Province tho waste lands are, practically at least, administered according to the "Waste Lands Act of ISSB, passed by this Council. Kverv year as hon. members of this Council aro aware, we are called upon to provide an ailmiuinistrativo stall" lor the waste lands—sucli as salaries for commissioners, surveyors, clerks, payment for all the oliices and ollicers of the department. I am not aware that any such person as tho Defence Minister or Surveyor-General is known (Hear, undillaugh,) to the persons who may be all'ected the operation of the law, or to those who devised the particular Act to operate in certain cases. There is certainly no sucli person named in (he "AVaste Lands Act." All the revenues arising therefrom aro to be paid over, in pursuance of warrants, to the receivers of the land revenues, and by thorn to lie paid into the Provincial Treasury for public use. It was therefore incumbent 011 the Council—it was their duty to watch narrowly all the transactions affecting or accompanying tho salo of land. The Government havo not thought it necessary to reply to any question which I put 011 tho last day of the session with a a view to the present motion, or to take any action with respect of the subject of it, so that 1 think I am justified in assuming that it is not inconsistent, with the interest or dignity of this body to institute 1111 inquiry into tho circumstances, failing the necessary information from the Rxeeutive. 1 suppose, I need hardily tell the Council, that there is not within the ordinary provisions of the Waste Lauds Act as referring to this Province, any authority for the disposal of the land at Ngnarauwahia. It is true, there is a clause in the Waste Lands Act to the following effect that it shall be lawful for the Governor in Council the 12th clause " to order the sale of lan.l, to reserve to ller Majesty the right of sale or dispose of for particularpurposcs, 11s for thoso of military operations trunk lines, or for other purposes, and it is further provided, that, such notice shall be duly published and notified that these areservations for public defences." 1 am not aware that any such notification has been made or that anv communication has taken place between the General and that Provincial Government ; 1 have 'failed to discover that any notification of any kind has been giveen J!ut in the law session of the General Assembly an Act was passed known to the law as the "New Settlement Act;" an Act which I venture to sav will be known hereafter less favourably as the Confiscation Act. Py that Ad, which liad reference to disturbed districts, and it was provided that in all sucli cases the interference of tho Government should be preceded by a declaration. In the interests of humanity and justice, the power given in that Act has been hedged round by certain conditions —conditions the most strict and rigid—and which ought- at all times to be literally enforced, suggested as they were by the extreme arbitrariness of the general power which the Act itself confers. By a clause of that Act it is authorised that whenever the Governor in Council shall have learned that any native tribe, or section of a tribe, or any considerable number thereof, since IStjH have been engaged in rebellion against. Her Majesty's authority, it will bo lawful for the Governor to "declare" such district, and to havo powers given under the Act, which are cquivalant to confiscation. But it is evident that the very condition of all deprivation oi this kind is the declarat ion, and all confiscation can only bo under tho declaration of the Governor in Council. There aro some other conditions in this clause. There is, first, the proclamation of tho district as being in a state of disturbance, which is an indispensable preliminary proceeding. 1 have watched tho wliolo of the proceedings of tlio Government, with reference to this Confiscation Act, and I havo not been able to find any proclamation of any such district. I am not able to lind that any declaration lias been made by tho Governor in Council, whieli would bo required to bo established before confiscation could legally take effect. This Act cannot bo described as a confiscation within the terms of tho Act to which I havo alluded. But there is, at the end of this Act, a cause under whieli it was possible for Government, to dispose of land, namely, land outside of tho districts proclaimed. This clause, if my memory serves 1110 right, was added by an honorable member who was in tlie lirst instanco an opponent (?), and applied to tho lands acquired by purchase, lor the purpose of military settlement, and this being so, tho conditions under which territory acquired by purchase applies, even when it is not ill thodistriet. Here, then, the question arises, whether or not the Nativo title has been l'airly extinguished, aiul, in tho next place, whether all tho requirements liavo been complied with, so far as such aro applicable to land within tho block so purchased, and set apart for tho purposo of satisfying military settlers of tho Government—whether thov woro in accordance with tho powers given by the 17th clauso requiring declaration by tlie Government in Council. These appear to me to bo the throe conditions requisite to make any act of conllscation legal—that tllO land shall have been properly acquired and the nativo titlo extinguished — that tho appropriation shall bo made for military settlement of military settlors —and filially that the proceedings shall be under the regulations made in regard thereto, namely by tlie declaration and proclamation of the Government in Council. Now we have in reference to this land a public protest that the native title had not. been extinguished, and I do not know in respect, to the second condition, whether any of these lands had been sot apart, and in as much as his l£xeolleucy tho Governor has declined to make grants of this laud it may be j assumed that it. has not been sold under the regulaI tions provided bv tho Act. giving certain powers to I the Governor, and therefore nor according to law. It. j appears to me that this land has been unjustifiably seized and unjustifiably sold. 1 think, sir, I hat. in the position in which this colony stands before the eyes of the people of Kurope, charged as the colonists are with u greediness for land, ami dealing unjustly by the nativo race, that, at least in such a contingency the utmost, prudence would have been exercised to avoid giving the slightest occasion for such an accusation. and that whatever tho practice of the past might have been the future would make amend ; that at such a juncture us this 1111 opportunity should be afforded for even the most factious to complain. I hope for the honour of of tho Province that the inquiry proposed will result in showing that such accusations are without foundation, and for this reason 1 hope the Council will see that it is right to institute so nccessary an enquiry. (Hear, hear.) The PiiOviNciAL Treasurer desired before the

question ivas put to atirie liis opinion that as it was a question exclusively applying to tlib General Government, the lion, mover had much better bring it forward in his placo in their own house, which, according to the intimation in to-day's papers, woulu soon meet. Ho did not pretend to judge of the motives of the lion, mover. It was all very well for lum to be fond of riding his own hobby, but he would not get every member of the Council to ride behind him. Ho altogether dissented from the question, but personally he did not care a stow about it, as tlw Council had nothing to do with it and were not to blatne in the matter. lUr. Maktin asked if this motion was passed and the committeo were appointed, and began to enquire what person did the hon. mover expect would come to give them information. It was easy to call spirits from the vasty deep, but will they come when yon (lo call tliem. It wns above all things tho dutv of the Council to keep clear ol' Maori questions, and lie thought it beneath tho dignity of tliat house to interferewith the functions of others. Let ministers settle it in their own house.

Mi*. Rowu coincided with the lust speaker that it would be moot unwise in this Council to mix itself in Maori questions. We should have the information thai was sought by this motion at our command presently. There waa a false impression very generally felt outside, that the eolouists desire to oppress the natives. If any injustice had been committed, he considered it had been irom the other side. .But was quite useless to ask questions about it ?un\\ W hntever is wrong the Council had no power of settling rigid. There were already questions enough to create a feeling of Jjitfcemess about Maori matters. He should oppose the motion on these grounds. Mr. Hakroi' said that although he had consented to allow his mime to be placed on the proposed Committee, he had not expected that- the hoii. mover would have made such a tirade as he had about the auctioneer who had been deputed by the Government to dispose of the land. When Government saw lit to dispose of the desirable property of Ngaruawahia, which had came into their hands, it was for them to consider the best, method of doing so, and they had selected the method of sale by public auction as bein<£ the iairest- and producing the most profit. He therefore wished to withdraw his name, and should oppose the motion.

Mr. Oaiiman said it was singular that hon. gentlemen should bo so eager to lvpudiato all idea of interference by this house. Thoy seemed to bo desirous of permitting tho Government to soil all the land of tho Province without any remonstrance on their part. This was a monstrous doctrine. Thoy bad all along cried out that tho war was solely for the pnlposo of restoring law and order and to mako the Queen's writ run throughout tho length and breadth of tho land, yet they woro tho first to break tho law by selling lands that belonged to other people. Even if tho motion were lost, be should rejoice that it had been ventilated. Thoy should never forgot that the case of the Maoris to-day might.be the case of their children or their children's children at some future period Would thoy think it right that their land should bo confiscated without law or without a trial.

Mr. Swanson said it was better that the Coinmittoo should bring up a report and say, " we enquired, and cannot find anything nut," than they should sit down and say that it was not worth while to enquire at all That was all the Tory dochino lhat sanctioned nil sorts of abuses, under the plea that thoy were done, and it was no use to enquire about them. The question was then put, and the Speaker announced that the nyos had it. On a division being called lor, it was carried by a majority of one. Ayks, 12:—Messrs. Cadm-.m, Coolahaji, Foley. Gallaulier, Gruchy, McGee, A. O'Neill, J. O'Neill, Siicchan, Swanson, Wallace, Dr. Fallen (teller). Noes, 11:—Messrs. Basset, Cheesemau, George, llarrop, King, Martin, Newman, Kowe, "Webster, "Wynn, Ross (teller). Mr. Ci[i;i:si;man- then moved, pursuant to notice, "That the petition of .James Hodgson Keith be referred to (he Private Grievance Committee." Carried. Mr. lvi.vo moved, "That an address he forwarded to his 1 lonor the Superintendent, requesting him to forward to the Council the returns moved for in session I<3, and noted in address No. CO." ile said that great advantages had arisen fro.n the policy of the Government in reserving large sections of land for publie purposes, of which the} - had a striking example in the present condition of the hospital and grammar school. Both these institutions were supported without cost, by the greatly increased viduo of the lands that had been acquired at a merely nominal sum. They now saw (he benefit of this, it was very desirable in laying out now townships that, largo spaces should be set apart as public reserves. J t appeared to him as if the Provincial and General Governments wanted to alienate all the publie reserves. One instance of this was the bowlinggreen, which two years ago was granted to the club, on condition of its reverting to the Domain Board ill the event of its being required for roads or other pur- ! poses. It was now to be taken away before the members had had time to enjoy the result of their exertions and expenditure. Another case was that of two reservoirs at the bottom of the Domain, which were given up to the sSth regiment for the purpose of washing their linen. It was resolved last session that these should be devoted to publie baths and wash-hollies, and as such would have supplied a. want urgently felt in Auckland, Crown grants had actually been made out for this purpose. What was his astonishment to learn that- it was now the intention of the Domain Board to cut up the land and sell it in allotments. lit; wished to propose that the Council should resolve that no more puDlie lands should be alienated, and lie hoped that the Government would pay some attention to the wishes of that Council. When the papers came down he intended to move for a committee on this subject. The motion was seconded by Mr. Newm.vx, who said a few words in support of it. Carried. Mr. Wynn moved, " That the petitions of Hugh Hogarth and John King bo referred to the Private Grievance Committee." Carried. Mr. Foley in moving" Thatanaddress be presented to his Honor the Superintendent, requesting liim to send down, to this Council a return showing the amount of salary allowed to the Emigration Agents," said that since lust session an emigration agent had bout appointed at a salary of £400 a-yeur and one per cent. He did not know what this per centage was estimated on, but it was the duty of the Superintendent to let the Council know the details of it. lie says only one agent litis been appointed, nnd yet there is on tho estimates a charge of £'10,000 for Immigration purposes. He did not think that one person could properly manage the distribution of ,CIO,OOO a-year. 1

The Provincial TuEAsntEH explained that there wei-o already otlior agents. Tile Superintendent's statement alludes only to the appointment during the twelve months. The £10,000 are for various purposes besides emigration, such 11s the purchase of rails for the railway, and other matters whieh midlife need to be transacted through the agent in Kugland.

Mr. .Tames O'Xicrr.n wished to know if there had been any alteration in consequence of Capt. appointment ? The I'ltovixcrAij Thkascreb said that the Emigration Agents had received no iixed salary, but hiul been paid by a per centage, 10s. on cacli emigrant sent out. Captain Kiddy's appointment had made uo ditl'erenee in tliat arrangement. Mr. .Tames O'Xeill : When Captain Daldy left he had said that he was going home Mi pi'ivato business, and should not aoeeept any salary or ollieial appointment. I wish to know what Messrs. Uridgway have done that they should be superseded. If they have misbehaved themselves why are we not in formed of it ?

The I'kovin-ciat, Tkkasukeu : Captain Daldy had autlioritv Lo employ an assistant, and to engage one agent in'Seotland and one in Ireland. Jlr lioM'.V complained of the disinclination shown bv the Kxccutive to give any lval information as to what Captain Daidv had heen sent, out to do. Why was he not paid by a per cent ago like other agents 1* On the motion for proceeding to the Orders ot the day, The' I'liovisoi.Ui Sr'ouurroit moved tin; postponement of the second reading of the Auckland Water Works Bill, ami the Council aijourncd. On its resuming, the order for the second reading of TJIK AUCKLAND AVA'I'EU WORKS API'ROVRIATIOX BILI, 'Xlio I'i'.ovixctAr, TitEASuitF.il said ho should only give a mere outline of the terms of the bill. He was glad to be able to refer to such an able report as that which had been prepared 011 this subject. A full supply of good water stood second to no other requirement. This was not a matter of £. s. d. It. was a case of life and death. If nothing was done to obtain it for tko city, there would soon be great los 3 of life. It was useless to bring persons at great ex-

■poii3e across 1110 ocean to peoplo this land of promise, and then leave them to drop into an early; grave. If plague and pestilence came among us, ascome they would if preventive measures . were not ■used, tlie onus would lie with the Council, lie proposed to take the funds for carrying out thisproject from the last item in the second portion of Loan Act—that of i J uolic Works. Any expenditure' under this item must secure an interest of seven per' cent, in a sinking fund for tlie redemption of the" capital. By this schemo 30,000 people could be fully supplied with pure water at the rate of 23?. 9d. per" household per annum. This was somewhat lower than the ordinary water elisrges in the old country,and would quite justify the Council in appropriating. £45,000 which it was estimated would compfete the' work. He begged to move the second reading. Arr. Foley opposed it on the ground that if We' look £15,000 for the waterworks we should not have a shilling left for the other much needed works, add would move that the second reading be postponed until the Provincial tlovemuieut sends down financial statement..

The motion not being seconded, lapsed. •}lr. C'-imrAX said the state of Auckland for want of water was dreadful. It was rapidly becoming a most unhealthy city, and as drainage could not be accomplii-hed for three years it was advisable to set about the water supply without delay. 3Lr. J. o'Ni:ill considered with his lion, friend, if money was voted for a railway for the South, and steamers to the North, Auckland had a right to a water supply. If not- voted for this the money would be frittered away in less practicable schemes. Mr. YVy.nx said that, they were much indebted to Mr. Wrigg for his admirable plan and report. As he had demonstrated that it would pay 15 per cent, as a loss or spending ol' the money, it was a most profitable investment.

Mr. How-: said tliut the necessity for water was so :Sppsu'ent l h;it 110 one could oppose a scheme for ita supply. i l !■■ iy lie feared it could not be carried out (or the £■fi>,"oo, all hough the Jiugineer had adopted 4lic piau ut' takißg advantage of the natural drainage, instead 01' Jilting the water hv expensive machinery. ilr. ilA.;!:Oi' supported tlie second reading, and said tliat lli'j water supply of the city of Auckland wits becoming more important every day in consequence of the rapid increase of population. Tlie high rate ol' insurance should also be seriously considered, and tho danger of iire guarded against. Ho thought, tlie people of Auckland ought to join hand in hand in this important question of "water for tlie city. Ihe -'.on. member concluded by strongly supporting the scheme, reiuarkiug that if the city could allorcl it he would like to seo the sura of £7-3,000 distributed for public -works, but he did not consider that the Council were in a position to do ec-.

Mr. G allaughkb was in favor of the second reading, and thought, the estimate of Mr. AVrigg was iusuiliciiiit. Do considered about double that sum would be mora appropriate. With regard to tho excavation, he submitted that Mr. VVrigg's estimate of 2s. 0,1. was inadequate, and believed it would require os. at t lie very leust. -lie did not consider Mr. Wrig;; had dealt, fairly with other schemes. Tho Onehunga springs, for instance, either to its temperature or its supply of water ; if retained in a reservoir at Kybcr J'ass it would acquire the same temperatureHe strongly supported tlie second reading of the bill.

Mr. Newman was glad that tlic proposed scheme met with so much favor .it the hands of the hon~ members, but "was surprised ut the objections raised* by tlie iiou. member Mr. i'oley against the plan. H(r l'eit sure when the gentleman in question read the; report ot' the proceedines in to-morrow's papers ho would alter his opinion on the subject, and begged to second the motion. Mr. Foley withdrew his motion. The question was then put " that the Bill be read a second time." The motion w;ts carried. The sum of £45,000 was inserted in clause 1. Tho preamble caused considerable discussion It was moved " that the Chairman report progress, and ask leave for the Committee to sit again." Carried. Tho M'EAKHit then retired, and it was proposed, seconded, aud carried that Mr. James O'Neill should take the chair. ilr. Wyxx said that, in his opinion, it would be more desirable that the Committee should report progress before going into the question of the preamble. The Chauoiax on his return reported progress, and leave was given to sit again.Mr. Kino remarked on tho difficulty of finding the necessary funds for the scheme. After some discussion, it was agreed that the Committee should be granted leave to> sit again on. Tuesday. The Council then separated. NOTICES 03? MOTION. Mr: Cahletos to ask the Provincial Treasurer;- " Whether the means of complying with an order of tho House of Representatives, namely :—' That there be laid on the table a return of the amount of expenditure, not previously authorised by the Appropriation Act, incurred by tLo several Provincial Governments, (excepting the Government of the Province of Marlborough) during the period commencing on the lit of July, 1556, and ended the 30th of September, IStiO,' to have been supplied, so far as regards the Province of Auckland, by tho Provincial to the General Government."

Mr. «T. O'Neill to move, " Thnt tlie petition of liolrock Maefciy riTicl John Finlayson, be referred to tho Committee on Private Grievances." Dr. Pollen - tnjmove, "That the petition of Patrick 0' Burno and. the petition of Klizabeth Johnson be referred to the Private Grievance Committee." Mr. lvixr, to move, "Thatthe petition of Matthew McCormick he referred to the Private Grieranc Committee." • Mr. CiiEF.sKMAN to move, " That the petition of Dr. Pinching and others be referred to the Private Grievance Committee." • Mr. Gallaughek to move, " That the petition of Elias Luey Harrison, settler, of Onehunga, be refurred to tho Private Grievance Committee." Mr. A. O'Neill to move, " That the petition, of Mrs. Bridget O'&ara he referred to the Private Grievance Committee." Mr. Ivosu to move, "Thatthe petition of William Cox and William Gear be referred to the Private Grievance Committee." Mr. Wyxx to move, "Th t the pstition of Mr. Markliam and Dr. "\Vood be reforred to the Private Grievance Committee." Mr. Kikg to move, " That an address be presented to his Honor the Superintendent, requesting him to issue a proclamation prohibiting the landing of cattlo within the limits of the city and suburbs of Auckland, and requesting him to make arrangements to obtain a suitable site to accommodate persons importing cattle into this province." Jtr. Cakletox to move, That the resolution of Council—namely, ' That the principle of Ministerial responsibility to this Council for the conduct of public ntl'airs should be established in the Executive Government of this Province' be reconsidered." Mr. Wi'N.v to move, "That a committee be appointed to consider the Waste Lands Acts, 185S, with a view of obtaining an admendment thereof by an Act ol' the General Assembly ; the committee to consist of Messrs. Clieescman, Garleton, .T. O'Neill, Pollen, Boss, Swanson, "Williams, and the mover." Mr. Wili.iams to move, " That a select committ-e be appointed, with instructions to inquire into the operation of the fencing and Impounding Acts, and .to report accordingly; the committee consist of Messrs. Ball, Wallace, Bassett, Foley, Ross, and tho mover."

Mr. Cadmax to move, " That the petition of Simon JLipstone, Richard Cooiube, Thotnas Briggs, R. Plonks, and Joseph Wood, be referred to tlia Private Grievance Committee." Mr, Skkkn to move, " That the petition of Messrs. Andrcivartha, siul Captain Lovett, late 50th liegt. be referred to the l'rivate Grievance Committee." Mr Foi.kv to move, '' t hat his Honor's message, .No. 10, and its enclosure, fan referred to a select committee, to consist ot' .Messrs. Basjett, J. o,Neill, Pollen, Kerr, Wynu, MeCrhee, and the mover, to report the same. 1. Government Contracts Bill—second reading (Friday). 2. Auckland Waterworke Bill—second reading (Friday). • 3. Waterworks Appropriation Bill—in committee (Friday).