"Open to All—Influenced by None." NEW PLYMOUTH, FEBRUARY 8, 1854.

Taranaki Herald, Volume II, Issue 80, 8 February 1854, Page 2

"Open to All — Influenced by None." NEW PLYMOUTH, FEBRUARY 8, 1854.

Tin; Ilamilla. Mitchell amved fiom Auckland on the morning of I'uday last, bringing 27 passengeis, most of whom have been detained in Auckland since the end of November. A sinking contiast to the long delay this vessel experienced in the Port of Auckland (so inconvenient to passengeis for this place) in lo be found in liei' short slay at New Plymouth. She came to anchor in our roadstead about noon on Fiiday the 3rd inst., and sailed on her homeward voyage before daik on the following day, having in this short intrival, landed her passengers, dischaigcd GO tons of caigo, and taken in ftesh provisions. Tjie Ilamilla Mitchell made the lun down in eight days. This settlement, after a long delay, has at length obtained the powerful assistance of Mr. Commissioner McLean in its negociations with the natives for land, and the people of New Plymouth are on the tiptoe of excitement as to the result. It is to be hoped that nothing will mterfeie to pievent Mr. McLean fiom making some important purchas.es, and that tha Piovince will be able to accomplish from its own resouicos the necessary means. The absentee claims on the land fiom the Waiwakaiho to the Bell Block and back in a line to the mountain, are understood to have been settled in Wellington and Nelson through the in- , teivention of the Commissioner, and the ' difficulties which have hitherto stood in the way of the completion ol these negociations pending aic thus materially nairowcd. I The season as well as the occasion calls to mind the homely adage " make hay while the sun shines" and it is gratifying to 'find that the local authorities arc lully alive to the importance of eneigisirig to turn the present moment to account, and have .set to woik in earnest, so that, in the event of a successful termination of lUi-.McLlan's endeavours to seive us, the sinews of war\ may not be wanting. A week only has elapsed since the Commissioner arrived, and yet it will be seen that/aheady a Bill h.is been sent down to the Council by his Honor for raising a sum ol £5000 on debentures, which was passed unanimously through all Us stages on Satiuday last— the day of its lnt'.oduction — the Council having suspended the standing oideisfor the purpose.: A resolution whs also agiecd to, placing tbc Council Chamber at the disposal o> Mi. McLean when not required by the Council, dining his stay, in order to facilitate his ncgocia-

tions with the native chiefs ; and a .second, recommending a public enteitainment, to which the more influential chiefs ate to lie invited with the view of giving nil the aid possible to the Commissioner in his delicate and difficult task. We have gie.it confidence that tho best results may he anticipated fiom exertions made with so much piomplttude and good-will, and hacked by die known died experience of Mr. Me I. van. By the Ilamilla Mitchell and the Overland Mail we have leceived Auckland papers to the 25th ultimo. A " Government Gazette" of tlie date of Fiiday the 20th of January settles on unquestionable authority the calling together of the Gcncial Assembly. A Pioclamalton by Lieut. -Colonel Wynyaud declaies that theGeneial Assembly shall he holden, and meet for the despatch of business, at Auckland, on the 24th day of May, now next ensuing, at 12 o'clock at noon ; and the ! Members arc warned to give their attendance at the time and place accoidin"ly. I "By a coincidence winch we presume is too sulking and appiopiulc lo have been wholly accidental" sa)s our comempoiary, " the day for tho (iist meeting of the Fust General Assembly under the New Conslition Act, will be tho Birthday of our beloved Sovereign Queen Victoria, 1 ' The New Zeulander of the y,sth ultimo, lias the following paragraph which may be considered the latest news from Lie neighbouring colony of Australia — " By the Moa. we have received Sydney pnpeis to the 7th inst. There had been no later En«lisl» neus, but the Slumioek horn Melbourne, bar! biought a rejioitth.t a vessel named the Flying Cloud had ailived there from England, having made the passage in sixty -two days. Should this be coirect, it is very t.uit.ilising that we have not her news at n ciims when n week's or perhaps a single daj's— more recent intelligence fiom lCuiope may be of such momentous ,md univer-al interest." The following ominous nnnonncement is made in (hefcnduey papers brought by the Mo a •• "A letter from Tnliiti, dated November JG Imd been received at bydney, which stated that there was a larger fleet of French i-hips ol wnr assembled there than the whole of thf English and American squadions in the Pacific combined, and that theie were indications of warlike preparations for which the occupation of New Caledonia appeared in sufficient to account." Our files of the Nelson Examine) run from Nov, 19 to December 10 only, although it is but a few days since the Sea Belle left that place. In Nelson, as iii Auckland, Wellington, and Canteibury, it has been thought expedient to pass an Executive Council Bill. — There seems, however, to have been consideiable difference of opinion on the point. Some co:ibideiing tli.it the Legislative and J'xecutivo should be one,— -that the former should sit at short intervals and administer the public affairs, and delegate to the Superintendent only veiy limited porveia, for tlie pioper exercise of which he must be lcsponsible immmediately and directly to the Council : otheis were averse to this union of the Executive and Legislative functions, and would confer upon the Supcuntendent the fullest powers, but would hold him, and him alone, lesponsible for their pioper exercise ; a third class disapprove altogether of tlie direct responsibility theory, and would give the SupeiinteiuL-nt a body of adviseis having .••eats in the Council, and hold them responsible foi the mcastues which, alone with their concurrence, they might fanly be held accountable for.

The Bill introduced into the Council adopts tho last of these schemes, except tint thete is no clause lendenng it compulsory that the mombers of the Executive Council should have seats in llic l'rovimial CouncilThe Provincial Secretary, hohcitoi, and Ticasurer, and any olhi r persons not exceeding three may be clio-.cn at the discietion of the Superintendent to form an Executive Council. Speaking of this bill our conttmporary describes it as dtawn up with a singular absence of technicalities ; and observing upon the objects of tlie measure says — " lliief however as the Bill is, we doubt if another so irnpottatit will be brought forwaid during the t-cssion." It is upon this measure the fabiic ol lesponsib'e government is lo be erected, if such a labne is to be l.iised, arid on the f;ile of ils brief clauses will turn the question whether this province is to be governed in what we will call a constitutional manner, or otherwise." The Empowering bill had also cieatcd a long discussion ; this measnie as originally framed included within the .scope of the Superintendent's power of appointment the office of Resident Magistrate, and of Registiar of Biiths, Deaths, and Mariuges ; the foimcr was excluded fiom the bill by an amendment suggested liy Dr. Monio, who also moved a second amendment excluding the latter which was negatived on n 'lecision, although the hon member stated that he had satisfied himself that the Governor would not give up hisauthoiity in the matter. The following resolutions in relation to the Appiopriation despatches were moved m the Council and canied unanimously — That thin Council having talen into consideration Miiwiir No. l,enrloßinK a dctpntau from the Civil Secretary, dnted Bth AiißUht, apportioning the Ordinary Revenue of the Province, nnd the reply of the .Superintendent thereto, in of opinion-— 1st — i'hnt the apportionment of tho Revenue derived from the Ciifitoins in tim Province before the fienernl Asnemhly had declined what sums should lie nppropnated undti itn iniihunty to specific purport-^ in repugnant to ihc provision* of tho Constitution Act, and i» not nnrranti-il by tho njilctioe of any cireuinstinee win, h would h ivr preTented the meeting of the General Aaicinhly. and— That fliiLh apportionment is calculated ■>•» riously to ctnluirana the. action of this Council, inasmuch na any Oiciinjiire paired by it .ippropnntin}; the sums no* rttnvrd by ilio Provincial Treasurer is liable to be rendered void liy the General Awmbly. 3rd — Thnt the course pmaiicd by the Superintendent in refusing to sinctton the above ,ippni« tionment by preparing an Appropriation Bill, un« lens reqiu-ited to do so by this Council, dcsirvcs the approval 01 tlni (.ounril. — 'lib — That luving r(«ard to the necessity of providing for the maintenance of the public de)iartiiKntn, and the performance of ccrtriin public work* nccessarv for the province, thin Council requests the Superintendent to submit to it a Bill for approprnling all siimi of money now in hand, and to be lere'ivcd by tho Provincial TrcaHUrur during the ensuing year. 5th — That the Speaker do forward a copy pf the above icsoJmiot a to the Superintendent.

Wr. had just time last week to state the arrival of the Sea Belle ; she brought n number of papers, among othcis our files of the Nelson Examiner, the Li/ttellun Times, and the Olaao Witness some of the local extracts from which will be found in our piesent is.sue. In the several Provinces of the. South' — witli the single exception of ihe Province of Otago — the Provincial Councils have proceeded to business in earnest ; theie a doubt has anscn on the point of the Proclamation Ly the Superintendent for convening the Council. At a meeting of the members held on the 10th November, the whole of the membeis being present, they were requested by Ilia Honor the Superintendent "to take into consideration tlie difficulty of the Council being convened in the manner prescribed by the Act of Constitution — namely by Pioclamation in the Govern-

ment Gazette, and to suggest the mnsl expeditious mode of complying with the Act" — whereupon the follow H'g was lesolved — "That his Honor the Stippiititemlent should be icqiiested to forwaid, pei Rajah, a proclamation for insertion in Ihe Government Gazelle, to tho effect that the C oun- i cil should be convened within six weeks of ihe dale of her sailing " I Sulnequenlly another meeting took place on the 3rd of December when the motions (of which notice had been giren) vveic vrlhdrawn, and the meeting came to the conclusion that it would be more advisable to abstain from acting in any -way until propel ly constituted. A strong cffoit is being made at Otago for an improvement of their postal communication with the other provinces. The present opportunity has brought us between three and four months files of the Witness ; and is a pertinent fact to the point. Otago, except in aa far as lucky accident may happen to be concerned, is for all purposes of inter-communication as distant fiom New Plymouth as Great Britain. At Lyttekon, oidinances and resolutions of itnpoi lance have been pass d by the Council — a Scab Ordinance, an Executive Government Bill, a Limitation of Patronage Bill, an Appropriation Bill, and a Goverament Gazette Bill. The Superintendent in compliance with a resolution of the Council declined introducing tho Land regulations of the 4th March last. The subject of the Waste Lands had also twice been considered by the Council and " the result is thit : local and responsible management for the Waste Lands. 1. That the power of legislation at piesent rests solely with the ' General Assembly. 2. That that power ought r to be conferred by the Geneial Assembly on the Provincial Legislatuie. 3. That even before the pi esenl laws are. altered, ihe administration of the present law ought to be confided to the local Government."

A Government Gazette for the Province of New Plymouth was published on baturday the 4th inst. The Gazette contains Returns of the Sales of Crown Lands in New Plymouth from the 15th of Seplem- , her to the 31st of December ; a Return of ' the Revenue and Expenditure of the Provincial Government for the Quatter ended the 31-st of December, 1553; a Notice of the appointment of Christopher William Richmond, Esq., Barrister-at-law, to be Attorney of the Province, the appointment to dale from the Ist October, 1853 ; and a notice inviting Tenders for the erection of a Boat Shed, application to be made ' to the Harbour Master. j