PROGRESS OF THE SESSION.

Otago Daily Times, Issue 1166, 27 September 1865, Page 5

PROGRESS OF THE SESSION.

■(>BOM AW .OCCASIONAL COE*EBrOKZ>&WT.) WjbmiWgtoj^ Sept.23rtl, 1865.; ' It will cause yonr readers much regret to learn that Captain Percy, who formerly I believe, was an officer in thePollce Force 7*<Sf Otago.'has "been dangerously "wounded at Opotiki. He was with a, party of his men reconnoitring ia the neighborhood ot the village, when they were fired at "froroTa /vjlUupuC ambush. The gallant officer fell TOtii the first: volley; hi 3 m«n :,:footi; cleared ,out 'the ambush apd re■tarnedto camp with their young leader;" The ball had entered his thigh, ■ and its course could not be traced. There are, I believe,-hopes of his .recovery, and that ia all I can say. Captain Percy was well liked, and his misfortune haa occasioned

general gloom. ' ->■-.-■. ; A strange rumour is; whispered/about here. "It is almost too startling for belief. ■ still there are those who positively affirm it, and I believe it is coming before the House. It is said that "the Native* whom the attacking party drove oat of Opotiki, •and some of whom were ehot down, were of the friendly party, who, from the first"/ resented Mr Fulloon'e murder. I will sry ao more on the subject of this report. It •is too horrible to believe until it is.cjedfly substantiated. It would be/borriDle to, ihipk that such an outrage could have ieen committed on unoffending Natives I may meiitiorj, however, as a signal /of the break down at the very outset of the ;Native Minister's policy, that the Government did not venture to use the , Outlying Police District Bill (which could i easily have: been hurried through the, stages necessary to give it the force of laiv) for.the.Qpotiki expedition ; but resorted to ■the declaration of martial law. This is buT :n sample of what is pretty certain to follow. - Thenaper theories of the Native .Minister are likely to remain unused. He is looked upon as a mere visionary—and it is to be feared, a mi-chievbus one. Aa one instance of the utter variance between his practice -and professions, I realy mention the peace ] proclamation, published a few days ago. In this it may be remembered a general j amnesty was granted to all Natives, excepting those who had taken part in certain gmurders specially mentioned. Many', of the worse crimes were omitted in the list of those exempted from the amnesty. Amongst others was a murder for which two natives were actually committed for -trial at Auckland. Since the proclamation they have been tried, found guilty, and • sentenced to death. But the Governor -has virtually pardoned them, ih'andcipaion by including them in the amnesty; and So these two condemned -and commuted ' p murderers will have to be permitted 'to'walk .'out from gaol freemen. Seeing that this proclamation is entirely Mr Fitzgerald's doing, and that j it has always been h\n darling boast that the true panacea for the native difficulties was; the application to them of the ordinary operations of the law, you may judge of the frightful inconsistency which this • escape from the last sentence of the law involves.

Talking of murder?, reminds me. that immense interest lias been taken herein the Jarvey trial. It is generally admitted that Mr Prendergriat's arrangement of the .prosecution, as also the defence ot the priaoner by MrSmith, was most masterly. But the Judge's conduct <of the case is the theme of universal admiration. Mr Richmond seems to have caught and applied the point which escaped Mr Chapman, that the ■ evidence of experts, like any other evidence, is given onoatb, and thatithe jury f ..should riot be. allowed to regard ingenious suggestions of counsel as evidence rebutting expert evidtrice. On the whole, I regard the evidence against the prisoner as'weaker than on the Inst trial. Besides the of doubt that is tbrojvn over .the identity of ."the remains subjected to analysis, the evidence of Dr Worrall that the -deceasid. appeared to* have died a natural death remains unim.peached^ 'On. the former trial,! if I remember aright, discredit was attempted to be thrown on it. There is thus left in favor of the prisoner, itho fact that three medical men at the immediate time of the oe'eurrerieb, .although their attention was directed; to the-possibility of foul i>lajy decided that therV was none—• -did not indeed, think there was prima facie ground sufficient to warrant an investigation. There is besides the fact that the girl, with her attention also atimulatediha' like direction, did not suspect liiir mother; had been poisoned; -On the one, hand it': -may he said that imKiedmte "impression 8 ' are aa a rule, more reliable than.after, reflec-. > tioris.""pp."'"th* otherT--tbat~time,enabled the several persons referred/to^-;to! put the -circumstances' together, and to come to a. clearer conclusion. The remark of the girl *' X'il have my revenge," ia an ugly, evidence—riot of her having accused her father without believing him to be guilty, but of her brooding over the said occurrences with a vindictive disposition of nriiud. In regard to the medical men, however, it cannot: be forgotten that -»t • the-';time-' they- were' ignorant of the prisoner having: purchased* poison. This is* one of the strongest links,, because .it gives an unbroken character to the chain -of evidence. Thereis the purchase of the poison, and the failure to account for it 3 legitimate use, the administration of sdmething in the shape of the presumed poison, and the .symptoms, (followed by death) which the poison would have occasioned, —and the finding the poison in the body. ™jL yery strong chain it must be admitted, one v/hich lei\ the j-uy" no mlternative hat the verdict they arrived ati and which is not.-likely to be disturbed by the exercise of the prerogative - " '"■ '

The House has been industrious this last week, both in flisenssion avid In absolute work. Even the Upper House has not been idle. A Bill passed by; the Home of Representatives was thrown but fey the Council. Its object was to authorisethe investment- 1 of-^ Savings Bank funds 'in Provincial Xoans. To • moderate extent, there should have teen no objection to this.! But the Bill ' went .beyond all ; moderation. "It absolutely proposed! tq authorisethe in vestment of., nine tenths of the available funds in Provincial securities operation which could not be held to he a wise one,aeeing-the pdsslblec|lls upon •^ Bank funds that at any moment flight arise. The Lords might have

"modified" the JBQl; ,"but they preferred to throw it oat-altogether, j Whilst on .the1 enbject of Provincial loan*, I may mention,' Mr Voted ifl ■bringing in a waries of xesolut!ons,liavin(r for. tbeir object the giving Eecurity to Provincial Loans, without making them a liability again3t the -ordinary revenue of the Colony. The. proposal ia to secure -them first against the land revenue of the' Provinces—and then against the ordinary revenue. Failing a Province being able to meet its liabilities, it is thfen ; proposed to merge it into Enbither, or to govern it by Commission," and in that case By special taxation to compel it: to answer all i^s engagements. ■first proposal to., cover ,the loana with a Middle Island guarantee, has falkri through —-o wingtb Canterbury withdr'awingfromit; and, indeed, it wbuld scarcely have suited ! Olago, since .that Province hassold the bulkot its loans already. The Government proposal is -to make the loans a Colonial debt, and as a 'security, to > take .blocks of land, oyer; which, the ordinary laws would be suspended and the Government allowed to dispp9e of them on. any terms tbey.:pleasefl. Apart from the to the value ot hnded ' properly, aucli a" plaii would probably occasion, it ia eminently unfair to involve the Provinces in a common liability for • each other's debts, seeing that they have ' exercised 'their borrowing powers so disproportiohately. - "■'---- ■■'-■■- ..■--".:.."." I may bow touch upon the leading events,, of the week. Mr Renal's motion about "the estimates proved a failure. He did riot press it as he should have done j and, finally, it was thought better to let it pass without a division. Mr Macandrew was tricked .'. out of an amendment he bad given notice of, :to reduce^ the estimates by L 100,000, and the remainder of the VeV'enin'g waspasscd in recrhpinatious. Eventually, the Government-car-ried one item of their estimates. On the next evening it was determined to attack thTe Estimates by a format motion. Before, however, they were called on, another matter very nearly occasioned the-Govern-incnt some trouble. Mr Vogelmoved that the tarifl the Government proposed to introduce should be laid before the House before determining on further taxation. He asked that this should be done after all need fill precautions were taken for a temporary collection of > the proposed duties, pending the discussion in the . House. He-urged the -fairness of allowing the country to express an opinion on the proposed tariff. Major Richardson, the Commissioner of Custom?, at ouce declined to acquieece. Mr Stafford took up Miijor EichurJson's remarks, which warranted iio other construction than that the Government proposed to bring the tariff down for the Bame hurried consideration as last scssioni' "A' further ejeplariation then ensued, from which it seemed, .that the new tariff was riot yet prepared • that the Government had determined at any rate that the dutieson tlie whole should becalcu-. luted to yield as much as the present duties, and that whether the tariff should.be in^ creased would 'depend upon the course taken by the House, in respect to the expenditure and to the threatened new taxes. The feeling thus aroused was very strong—so strong indeed, that as a sort of coiflpro'mise, a Government supporter had toimove aa an amendment, that the tariff should be laid on-the table as soon as possible. This of Course meant nothing, and it was.onlycarried against the original motion by.a, majority of three—the division Hat being/ 27 to 24. '... ■„ ■„'■ ■'■■■■''■■■'< v- ■ !

Then1 came on the fight about the estimates. JVIr Macandrcw decided to dp • hia reaolutifln ■to allow of Mr •'jStiatford's moving theffollowing :— •"., -,',[■. '

Trat having considered the question of tbs p"'" po+d expenditure of the Gsneral' Ooveromer during the financial year ending"the Stlih June, 1885; am6ah*tint*;"<M'appears from official statements, to- the wry large sum of .nearly 8 mlllon and a half, this Reuse U ofc opiciaa that so larso an cxpen'jitttre by the General'Qiivernment! (inaddition, to Ihe necessary expense of tUe.resperitlve? Provincial Governments} }i beyond* the^ means' of tbe country at the "present lime, nud, cannot be un<^e:ttkcn wiihqttt itivo'vln.^ the C6«ay"in:nraat i cinbarras^ifijut a'ud disaster. This House taere* foro recomnr.cn.<?B that^ha propo«ed expenditure j be largely reduced, &nd" eapfci lly Indicates the cat him ted oharg'ea fori'iterrial<Jefetfce»and native purposes, !'s beiupr-;with aundry other proposed charge— tbose in which such redaction could .prop l-Iy be niade." " ..,..,: Mr Stafford made a inbst jtelling andeffective speech—a3 did also on the same side Mr Crosbic Ward,". Mr.. r W.i 11.. Reynolds, s Mir Alacandrew, Mr' John WillJaniSoD^'Mrßrodie, and Mr Rußsell. Other members -oft the -opposition also spoke, and.therGovernmcnt put forth its 6tr€ngfhinxeplyi: The result of the de-; cisioa wa3 a rnnjority of six to the !Gp« vernmenti- it was then determined by the opposition not to obstruct the Gbvern'ment by hagclibg over the items of; the .Estimates. They determined,5 since' the House wouTd¥df consent™W™a"iarge re-" duction jiot to interfere with the estimates at all: This intention vwas^nnouiced to the House the next day,.-and on: the same evening a considerable slice of; the esti't mates was dispqsc<l of. 'On Friday, a number of Bills' were advanced a stage, inclndiDg, the 7 yolunteer Bill through commitfee, ahdlthe Militia Act through its second reading. The latter measrurV was much opposed, nnd material alterations i npdn it will be attempted mi committee. .Amongst other amendments it will be triedto save the Middle Island' from the stringent operation of the compulsory clause. ..'.■'.

, The .proposal to' establish Stamp Duties j then came on. A duel between Mr j Stafford and-Mr Sewell, in which the lormer hit out very hard, was one of the! earliest .features. Thefeeling seemed_ to be to offer no objection" to the imposition: of Stamp Duties,-provided the Tariff was relieved to a proportionate extent. -Finally Mr Ward moved an amendment to that effect.- ;He proposed to'substitute for tlte words "to raise further revenue," Mo reduce" existing taxation." Mr. Weld moved, the adjournment of"the debate, andunless the Government make it another Mini3tenat .question, Mr Ward's amendment .will be carried by a large majority. The feeling in favor of reducing'the Tariff is very strong—but the. feeling for the Government is stronger. There; is no doubt they ' contemplate increasing"" "the; Tariff on* the whole, and their supporters however inclined, are likely to yield if. the Government stake their existence upon 'the question;* Whilst on this discussion, Mjr SeiWeiriet drop an unhappy remark to to^ make'the: colony independent of the acddfiatai»l>f! the? hwtings—alluding to the coming elections. Mr Stafford took up i the remark very warmly. He asked, Mj:

"Sewell if heirisbed-ta suspcndtbe-Consti-'tiition altogether^ for. the Constitution ■pi-bTided that f the . country shoold be governed by the " accidents of the hustings." They were all accidents of the hustings-;,and for the last ten-years'the country had been governed by the accidents of the. hustings. It was a new theory that a moribund Parliament should endeavor to fetter the action of its successor.

I should mention, that farther corresEondence Concerning the Manawatti block is been Jaid!' on table of the House, '$ri' which* Dr; Featlierston gives the most unqualified denial to his - ever liaving entered into the arbitration transactions lor the purchase .of Native land described byj Mr Mantel]'./ This gentbman, in a few lines, rejoins that be j doc's not accuseD Featherston of such: transactions —all he b«d' done was to reproduce the statements made by Mr Butler. \Dr Foatherstoa also denies, the truth of the statement aa regarding Mr Butler. The quarrel has degenerated into a personal one. There is little chance of Wellington securing the Manawatu block; indeed, some ot its members are opposed to it. The Government have done one undeniably* stupid thing. On account of Captain Fraser distinguishing himself at Opotiki^Dy1 taking a pah, they gave him at once two steps, making him LieutenantColonel ; and placing him, therefore, in command of the expedition, over Major ".VoiT Tcnipsky and Major Brassey. The first-named of these officers, was on the point ol sailiog from Wellington with his company, when he heard of thw promotion, and of his being expected to submit himself to Colonel Fraser's command. He immediately tent ia his resignation, and his men refused to proceed. They were, in fact, in open! mutiny. After a while, the' bnlkbfthem consented fo go—some fifteen or twenty were.left behind. The members of the Upper House, it is rumored, mean to mark their sense of this occurrence, by throwing out the Volunteer Bill, and leavirig'ihe whole country at the mercy of the Militia Act.