PROVINCIAL COUNCIL,

Otago Daily Times, Issue 131, 17 April 1862, Page 4

PROVINCIAL COUNCIL,

The Provincial Council met yesterday, at 12 o'clock, according to Proclamation; and the fifteenth Session was opened in due form by His Honor the Superintendent. The members began to arrive punctually at the time nnmed, and in a few minutes there were six teen members present, besides the Speaker (Mr. Rennie). At the table we observed Mr. Howorth (Provincial Solicitor), and Mr. Walker—the only two members of the Executive present, Mr. Hardy being absent, from ill health. Mr. M'Glashan also occupied a seat at the table. On the benches to the right of the Speaker were seated Messrs. Hepburn, Oswin, Todd, Steele, and Martin; on the left were Messrs. Paterson, Taylor, Reynolds, Dick, Gillies, Catten, Healy, and Kilgour.

The Clerk to the Council having ,read the Proclamation convening the Council, the Speaker read the usual prayer.

His Honor the Superintendent then entered the Chamber, the members all rising to receive him, and, having bowed his acknowledgments, his Honor proceeded to read the opening speech, as follows:— MR. SPEAKER AND GENTLEMEN,— The circumstances under which we meet on the present occasion are such as justify the hopes we entertained at the commencement of the last Session, and afford us the best encouragement in our expectations for the future.

Within the short period of twelve months the population of the Province has been doubled, the imports and custom dues have increased threefold, the exports tenfold, and the territorial revenue has been augmented by one-half. These are facts which speak for themselves, and tell of a prosperity which even the most sanguine never conjectured could have dawned upon the Province within so short a time.

Bright and encouraging as these prospects are, yet, j when we remember the source whence this sudden prosperity has sprung, and the roaming habits of those who have nocked in thousands to our shores, it becomes us still to advance with caution, employing the revenue on works.of a reproductive character, and such as, should any check arise, will be suitable to our requirements. To private enterprise, fostered by the judicious support of Government, may be safely left those more extensile works which characterize such periods of transition and development.

You will perceive from the Estimates, which will shortly he laid ou your table, that the finances of the Province are in a, sound condition, —and, that, notwithstanding the very heavy expenditure, the revenue has exhibited a buoyancy which not only enabled me to meet the liabilities previously incurred, but also to obtain a balance to ensure the paymeut of existing contracts. It is well that it is so, for the necessities of our position will cause a very considerable outlay in the construction of an Hospital,. Gaol, Lunatic Asylum, and of Provincial Buildings. These buildings would have been undertaken at an earlier period had I not been desirous of ascertaining your sentiments regarding the best sites for works involving so great an expenditure of public money.

Though there is a decrease in the amount of gold brought in by the Escort, owing chiefly to temporary causes, I have no doubt whatever of the character of our Gold Fields. Many of the miners have returned to Australia for the winter, having been deluded, by nterested persons, into the belief that the coming months are limes of peculiar trial, whereas it is often the case that our winter is the best season in the year. Many of thesejminers, however, design returning in the spring, and, together with the .Immigrants from the home country, shortly expected, will more than fill up the partial void in the Mining District, and supply, in a small degree, the increasing demand for farm servants and shepherds.

You are already in possession of the Bills which will be submitted for your consideration. You are ■vrare that objection was taken by the

Government to some of the provisions of certain Ordinances, which were passed at a former Session, and, though the force of such objections in somo cases is ndffully admitted, still it is deemed desirable not to embarrass our action by conflicts respecting jurisdiction, or the expediency of some of the provisions of the enactments, and, therefore, where principles ot importance were not involved, the suggestions of ilis Excellency's advisers have been adopted. In oue or two cases the urgent necessity for imposing an immediate check to the irruption of criminals from abroad had led to the introduction of measures which more properly rested with the remote authorities, but which might have been too tardily enacted.

The most important alteration which has been introduced into the amended Education Bill is that which provides for the representation of those owners and occupiers of lauds who are subject to taxation even though they arc not resident male householders: the change may theoretically be regarded as one of considerable importance, but, practically, its influence will bo unappreciable. The extent to which unreclaimed land is intended to be taxed is reduced to the amount which was proposed when the Hill was submitted to you last year, but the principle which enables you to impose an Educational tax on unreclaimed land is one that cannot be sacrificed; for, independently of its being based on the soundest foundation, its influence in preventing the absorption of the country by speculators is wholesome, and cannot reasonably be objected to when the holders of the land have a voice in the imposition of the rates, and are eligible for the District Boards. Should you concur in my views, by adopting the proposed alterations, I trust we may consider this question as finally settled; for, as the chief suggestions of the confirming authority will have been accepted, there cannot exist any grounds for keeping so important a subject any longer in suspense.

While we have reason to be satisfied with the state ofjEducation in this Province in its more elementary form, inasmuch as it is complete of its kind, and within the reach of all, we have grounds for humiliation in the total absence of all collegiate establishments; and in this respect we stand alone among the earlier settled Provinces of New Zealand. Provision was made by you in a previous session for the erection of a High School or College, and I shall ask you for an additional sum this year, and also for the means of providing such an efficient Educational staff as will make the higher branches of Education accessible to those desirous of availing themselves of them. The existence of sucli au establishment at Dunedin has become a matter of importance, and, hereafter, facilities for an education of a higher character than that which is now afforded must be obtainable in the remote centres of population, for, with political institutions of the most liberal kind, we shall be in a position of extreme danger if the cultivated intelligence of the community falls far short of being equal to the grave responsibilities which such electoral privileges and power confer.

The number and expense of the Schools required to be built this season induces roe to suggest a reconsideration of that portion of the Ordinance where the entire expense of such buildings falls upon the Treasury. The rapid increase of the amount of the educational grants in Great Britain from £-20,000 in 1832, to £800,000 in 18G2, has necessitated a change ot system in the home country, nnd it would be well that we ascertained precisely the tendency of our proposed arrangement.

I regret that it is necessary to submit to you an amended Road Bill, divested of those advantages which the disallowed Ordinance was intended to confer. However appropriate and beneficial the application of the English Highways Act may be in old established countries, traversed in all directions, and at convenient distances by suitable roads, its inapplicability is manifest in a country where, as in some districts, not a single practicable road exists; in the former case it would be necessary to divest the proprietor of the land ; in the latter, an express reservation and allowance for roads was made when the land was sold. The case not being analagous, the same.'treatment is inapplicable. It has, therefore, been considered expedient to adhere to our existing Ordinance on this point, and not, by repealing it, necessitate the adoption of the cumbrous machinery which would crowd the statute books with Road Acts ; trusting that the General Government will introduce a Bill which will efiectually meet the evil in those few cases where any doubt exists.

For information respecting the operations of the last half-year, I have to refer you to the interim reports of the heads of departments, whose usual annual reports will appear at the close of the year.

I am happy to inform you that the progress made in tho Survey of the country is satisfactory. During the current half-3'ear, not only will the survey of land preparatory to sale, keep well in advance of the demand, but, the department will, in a measure, be able to overtake the survey of those sections which have not yet been recorded, and the owners of which have hitherto been put to much inconvenience, if not to positive loss, by the delay. Circumstances, arising principally from the necessity of laying off rural land and townships in tha neighborhood of the goldnelds, have interrupted the ordinary course of operations ;' but, a slightly increased staff, as a temporary measure, will enable the department to meet all its requirements.

The Road Department has worked steadily and satisfactorily considering the extraordinarily heavy demands on its attention. Independently of what has been finished there are several miles of road under contract. The greater portion of the main south line, between Dunedin and the Taieri Ferry, a distance of 20 miles, will shortly be metalled, I had lately the opportunity of passing beyond Blueskin Bay, a portion of the Northern Trunk Road, and I readily avail myself of the opportunity which is now afforded* me, of thanking the chief surveyor, Mr. Thomson, lately in charge of this department, for the energy and skill with which he has carried out the operations entrusted to him in this, as in all other directions. The arrival of Mr. Swire, the Provincial Jingineer, will, for the future, bring this deIparttneut under a more undivided su par vision.

It is a subject of congratulation that, while the influx of population has increase! the amount of sickness to such an extent as to fill the wards of the Hospital as fast as they could be erected, the mortality has been comparatively very small. From frequent personal observations of the state of the patients arriving from the gold-fields, many of whom were far advanced in the last stage of typhoid fever and inflammatory disease, I can only ascribe the satisfactory result, as regards the small amount of fatal cases, to the professional ability and unwearied attention of the Provincial Surgeon, Dr. Hulme. During the whole period of my visits, I have only received two complaints, and those of a comparatively trivial character; and an extended experience of such institutions has induced the conviction that the Province is much indebted to the Provincial Surgeon and his subordinate staff for this absence of dissatisfaction.

The expenditure on account of Pilotage having been hitherto far beyond the amount received as dues, I found it necessary to apply for an increase of the pilotage rates. The necessary proclamation has been promptly made, in accordance with my wishes ; but, even with the estimated revenue from this quarter, the expenditure will be slightly beyond the receipts.

The necessary authority for raising a Loan of £50.000, in order to carry out the provisions of an Harbor Endowment Sill, about to be submitted to you, having been readily accorded, the Government, or such body as by law may be appointed, will be in a position to advance the v/ork of reclamation and improvement with rapidity—including, that which has become absolutely necessary—a Light House at the Heads. I have included this, and also a few other Harbour improvements which it will be necessary to effect, under the proper head in the Estimates—as the Bill will provide for the repayment of the Expenditure to the Provincial Treasury.

An advantageous offer having been made for the ierection of an Electric Telegraphbetween Dunedih land Port Chalmers, with provision for extension to

the Heads, if necessary, and, having considered t!io general wish expressed hi your House that such a communication should be established when circumstances warranted, and further influenced by your resolution of last Session, and the desire of the commercial community, I !i:ive entered into nil engagement for the immediate eivciion of a Km: of telegraph between the parts indicated.

I hoped, in anticipation of your wishes, to lmve made an arrangement by which the Mail for England would have readied Melbourne immediately precedng the departure of the mail steamer for Groat Britain. The sum asked for the mail service necessary to carry out this arrangement was considerably beyond my expectation, and, in consequence, I reluctantly suspended all further negotiation. It will be for you to consider to what extent the revenues of the Province, on which there are such heavy demands, can bs applied in obtaining the desired return mail service, remembering that in the absence of all competition, your appropriation, however desirable the object may be, is out of all proportion to the va'uu f the service performed.

You will be gratified to learn th.it the services of Dr. Hector for the Geological Examination of tiis country have beeu secured, and that he may daily be expected to arrive. I anticipate important results from his scientific investigations.

In the exercise of the general power with which you entrusted me, and to avoid the resort to arbitration for compensation for losses represented to have been sustained in connection with the gold fields, as also to possess myself of two Runs necessary for tiie settlement of the mining population, I have, by a money payment, extinguished the titles to runs, NO3. 53 and 54. My correspondence with the General Government on this subject will be laid on your table. Townships have been laid off in the centre of the gold fields, and I hope ere bug to sea the miners settled on lands of their own, in the neighbourhood of their operations.

The Gaol Department is now in a very satisfactory position, but the large number of prisoners, amounting to 83, including several cases of a very grave character, demand unceasing vigilance aud determination. The conduct of the Vollcc department in nil ita branches continues to afford me the highest satisfaction. Crime has barely had time to develope itself before it was detected, and its career arrested. It was therefore, with considerable regret that I learned it to be the intention of the (Jeueral Government to introduce a Bill for the purpose of removing this department from Provincial control. Had I not seen the Bill, I could not believe that the introduction of a measure so seriously affecting the wellbeing of the province would have been resolved on without, at least, the formal intimation to me of such intention. It appeals to be an unfortunate d«cision that a change such as this Bill proposes, should be designed at a time when the chief Executive officer in the province should.be entrusted with even larger powers than he possesses, and when from the want of a resident Judge the gaol is overcrowded, aud demands especial a' tention.

By the bill, a copy of which I will endeavor to procure, and lay before you, it is proposed that the management of the Constabulary shall reside in certain officers appointed by his Excellency the Governor, the chief of whom may dismiss constables, reporting such dismissal to the Colonial Secretary, and by whom the sanction of Government must be obtained before the appointment of another constable, in the room of the one dismissed, takes place. The power of dismissal is conferred on the Governor, Superintendent, Inspector, and on any other officer in charge of a distant station, on the recommendation of a Bench of Magistrates. The officer above referred to, termed an Jnspector, is also to send in a weekly distribution return to the Colonial Secretary, and the whole constabulary force arc to be informed that it will be their duty to obey all the lawful orders of the Governor, and of all Judge 3of whatever Court, Resident Magistrates, and Justices of the Peace, in the execution of the duties of their respective offices. There is no reference to any Provincial power to whom obedience is due. On the whole, I cannot regard this bill as otherwise than intended fo withdraw the control of the police force from the Chief Executive Provincial authority residing on the spot, and to confide it to an Inspector, dependent on a Colonial Secretary, residing several hundred miles distant; and, if I am right in my construction of the bill, which, notwithstanding clause 11, which is carefully guarded by clauses 13, aud modified and restricted in many points, I believe I am, I must characterize the intention as dishonoring to the Provincial authorities, and eminently calculated to destroy the efficiency of the police force, which in a considerable measure depends on the existence of a local power prompt to decide, and equally prompt to act.

There are many other considerations which will readily suggest themselves to your minds, which, united to the objections above noted, would only add to the many reasons which make the Government of this Province from Auckland an utter impossibility. If these evils are to continue, it behoves us to look around for the means of obtaining that form of government which is essential to the development of our prosperity, avoiding on the one hand that levcliling tendency which, while making due allowance for the representation of the majority of ths people, would fatally ignore the claims of capital, and, on the other, that ceutralisiug influence which paralyses the exertions, and withers the prospscts of those portions of the country which are remote from the Seat of Government.

I invite an expression of your opinion on this subject, which appears to me to be one of paramount importance.

From the correspondence on the subject of Emigration, which I will cause to be laid before you, you will perceive that the instructions have been riven to the home agents to encourage female emigration, and that subsequently the agents were empowered to extend the assistance thus afforded, by paying the whole of the passage money of eligible females, while at the same time an intimation vtM given that it was probable the Government would immediately and more actively resume its emigration operations, Before deciding on so important a point it will not be inexpedient to review our past proceedings, ascertain our present position, and mark the inevitable tendency of the existing system. When it was decided to introduce immigration from the Home Country, a special loan was appropriated for the purpose, which was intended to be reremployed as often as it was realised from the re-payment of ad ranees made to immigrants. It had been ascertained that the outgoings considerably exceeded the incomings, and later experience confirms the impression that tin's will continue. During the last few months money has been abundant, the Immigration Agent lias been importunate, a,ud recourse in many cases has been had to the Courts of t aw; and the result is, that the rcr ceipts within the period referred to, amounted to no more than 13i per cent, of tiic suras due. Under tl»c most favorable circumstances, then, and with tho most earnest solicitation, our present advances would scarcely be repaid within four or five years. If, however, we continue our operations on the present system, the debt will increase to an alarming extent, and there will arise, from this state of indebtedness, a never ending conflict between the Government and the people of a most demoralising and destructive character, opening a pathway for the machinations of the political schemer, and sapping the very foundation of our political and moral existence. It is better that we should at on^e bear the whole expense •f immigration than expose the Province to so tearful a calamity.

If, however, we are indisposed to adopt either of these plans, we have yet another, which has been tried, and has proved eminently successful elsewhere.

The disposal of the Waste Lands of the Province and the introduction of immigrants are best considered in connection wilih each other. Even the most lavish expenditure on account of immigration will bo useless unless our land regulations are liberal and attractive, as we shall merely become the agency by which, our neighbors will be supplied at our expense. It 19

expedient, therefore, that wo should consider tlu system of encouraging immigration by free grants oi laud to immigrants wj'iag their own passage frou. Briluin, on conditions of residence, and with thi; view, I will submit to you at an early period of thi sessio.i, :x proposal for effecting this object.

As in n.i "probability this it. tUe last occasion, fc>; a rea\o:i which I will immediately mention, on which I shall open your deliberations, I cannot resist tin opportunity of most eara-stly inviting your attention to the expediency, I might almost say necessity, o: offering every possible facility for the acquisition of land by men of limited means, and the lalioviny classes, and of preventing, at all hazards, our best agricultural land, that on the sea-board and running up the valleys, from passing into the hands of speculators. I have given much and anxious thought tv this subject, and the more I consider it, the strqugei is my conviction that the future wellbcing of the Province depends, in a great measure, on our present decision as to the disposal of the lands in question. I should experience no difficulty whatever in finding purchasers for the whole of tiiese lauds at prices considerably above the upset ; but the country instead oi becoming the abode of men, would remain depasturing land for sheep. The proposed immigration scheme will give you people in exchange for land, aud should the state of the revenues demand supplies, it would not be difficult to extinguish by negociation, the title to some of the interior runs, unfitted for agriculture, and to dispose of them by auction to the highest bidder, thus introducing a very valuable class of settlers on properties «f a moderate extent. The inevitable tendency of our present system, arising principally, it is supposed, from a defect in the legal phraseology of the conditions of sale, is to press sorely on the class which ii is our truest wisdom to welcome, and without which the country, as regards its rightful occupant, becoinei a mere desert. Every colony is bidding high for immigrants—we have an ample supply of land of an attractive character for all classes desirous of re. sliding on it; we are yet in a position to'preserve it b*judicious sales for its only legitimate use, and we may still avoid the condition of at least one of the neighbouring Provinces, which has no agricultural land for sale, and, therefore, no attraction for emigrants to visit its shores.

It was with regret that I was compelled to withhold my recommendation from your request, which, at the close of last Eessiou I forwarded to his Excellency the Governor, that he would be pleased to dissolve this Council. I will not refer to the past; but simply assure you that should you still desire this dissolution, and will fix the period for its taking place after the Electoral Itoll shall have been revised, I shall have much pleasure in forwai'ding it with the expression of my hearty concurrence.

I have, I feiir, gentlemen, detained you too longbut I could not refrain from being explicit on subjects of such grave importance as those which will be brought before you, and which I am sure will receive of your hands that attention which the public interests committed to your care, urgently need, especially at a period when passing events require peculiar circumspection, far-seeing liberality of sentiment, and unswerving adhesion to Constitutional rights and prineiplos. I now declare this Council open for the despatch ol business. J. RICHARDSON,

Superintendent. At the conclusion of the speech, His Honor retired, the members all rising as before.

Mr, Walker moved that the re-reading of the speech be dispensed with, which was duly seconded and carried.

Mr. E. B- Cargill (member for the Western District) was then introduced by Messrs. Cutten and Wtilker, and took his seat to the left of the Speaker. Mr. Walker moved the suspension of the standing orders, to enable him to move for the appointment of a committee to prepare an address of condolence to Her Majesty the Queen on the occasion of the death of H.R.FI. the Prince Consort, the committee to consist of the following members : —Messrs. Cutten, Cargill, Dick, and the mover. He felt that it would be quite unnecessary for him to support this motion by any remarks, as he was satisfied that the House would not like to be behindhand in condoling with Her Majesty on what was felt to be a national loss.

The motion was carried. Mr. Walker moved that the speech of Hi? Honor the Superintendent be printed. Seconded by Mr. Reynolds, and carried. NOTICE OF MOTION.

Mr. AValker gave notice that he would tomorrow (this day) move a reply to the address of His Honor the Superintendent. He was sorry that the speech was not already printed, but by next day it would be in the hands of members. He might state that the reply wonld not commit His Honor to any line of conduct. NEW BILLS. The Provincial Solicitor laid on the table the iollowing new ordinances, all of which were read a first time, and ordered to be| printed: — Education Ordinance, 18G2. Building Ordinance, 1862. Loan Ordinance, Amendment Ordinance, 1862. Vagrant Ordinance, Amendment Ordinance, 1862. Trigonometrical Stations Ordinance, Amendment Ordinance, 1862. Road Ordinance, Amendment Ordinance, 1862. Prevention of Cruelty to Animals Ordinance, Amendment Ordinance, 1862. Licensing Ordinance, Amendment Ordinance, 1862. DESIGNATION OF THE CLERK TO THE CODNCIL. The following letter was read by the Speaker :— to the Speaker op the Provincial Council * op Otago.

Sir, —In consequence of the great increase in the business of the Supreme Court Department, of which lam Registrar, it has been arranged between myseli aijd the 'General Government, that I relieve myself from the duties of Clerk of the Provincial Council.

I have therefore now the honor to place my resignation of that office in youv hands, as' Speaker of that" Body, in order that you may lay the same on the Table of the House. I cannot finally withdraw from the position which I have for so long a period held at the Council Table, without expressing my warmest gratitude for the - irniforni courtesy aud kindness which I have experienced from you and the members of Council. It is pleasant to remember that there are still three gentlemen in the Council who, in the year ISoi, joined in my unanimous appointment to the office. ■jrhich I am now reluctantly resigninc. I have the honor to be, Sir, Your inosfc obedient servant, Jlobeut Chapma*. Punedin, 16th April, 1862. Mr. Cutten thought it would be advisable for the House at once to proceed to the appointment of another clerk. Mr. Howorth believed Mr. Chapman had no intention of so abruptly laying down his office as to occasion any inconvenience to the Council. j

Mr. Walker said that if it was the will of' the House, he was prepared to nominate a gentleman.

Mr. Paterson thought the Council should be allowed time to consider.

Mr. Dick suggested that the Government nominate at once any gentleman they might have in view, and that the appointment be postponed to the next day. Mr. Wlaker then gave notice that he would tomorrow this day) move that Mr. West he appointed clerk to the Council. Mr. West, lie might mention, was a gentleman who, at present, held an appointment in the Superintendent's office.

f On the motion of Mr. Walker, seconded by [ Air. Howorth, the Council then, at 5 minutes past 1, adjourned to 4 o'clock next day.