GENERAL ASSEMBLY.

Wanganui Chronicle, Volume 4, Issue 211, 4 October 1860, Page 4

GENERAL ASSEMBLY.

House op Representatives

Tuesday, Aug. 21.

Several petitions were presented, among which was one by Dr. Featherston from a number of Maories at Otaki, praying for the removal of Governor Browne ; and another bv Mr. Fox from Francis Williamson, praying for compensation for damage done to his nurseries by their being flooded by natives’ dams wul weirs, and for a piece of land in exchange. The latter petition was afterwards referred to the Private Grievances committee. Sorpe other business having been transacted, the house went into committee for the further consideration of the Resolutions of the Native minister. [The passing of the previous resolutions was reported in the Chronicle of 13th ult.]

Resolution VIII. —“ That pending the reference lately made by his Excellency the Governor to the Right Hon. tb,e Secretary of State for the Colonies on the subject of the extinguishment or commutation of Native title, it is inexpedient to attempt legislation on the subject in the colony,” was withdrawn, by the Native minister.

-Resolution Nevertheless, pending such reference, this house will approve of the acceptance by the Governor, with the advice of his ministers, of the cession of Native territory, upon special terms providing for all or any of the following objects,-—namely, “ <?. The re-grant, by the Crown, to the ceding parties, either gratuitously or otherwise, of portions of the ceded territory, either with or without restrictions upon alienation. “ b. The setting apart of sufficient reserves for the benefit of the aborigines in general, or of the ceding parties in particular, for any purpose of public utility. “ c. The sale and disposal of the residue of - the ceded territory, according to a regular scheme of settlement, under regulations to be made and issued in such manner as shall be provided by the deed, of cesssion. “ i. The disposal of the proceeds of sale in defraying the cost of laying out the district for settlement, —in repayment of mouies advanced for the extinguishment of Native title,—in annual or other periodical payments to the ceding parties, or others, stipulated for by the deed of cession,—in the execution, of public works within the district, —in the endowment of educational and other insti-. tutions,—and in promoting immigration,—and subject without prejudice to the lien of the English loan of <£soo,ooo,—this house will ratify and give effect to any such arrangement.”

The following amendments were moved by Mr. Sewell %nd adopted. The words, “Ne yertheless, pending such reference,” were omitted, and the words “ That as far .as the law will, permit, and without prejudice to any lien for the English loan of £500,000,” substituted. After the word “ providing,” in t,he sth line, the words “ in manner to be defined by act of the Assembly,” were introduced. In sub-section d\ the words in promoting immigration” were omitted, and the words “ in the social advancement of the Natives* and. in generally prompting the colonization of the waste, lands, in. such district; and that an act shall be passed for that purpose,” were introduced,, aijd, all the words-in the lasti three -lines of the resolution were omitted.

Resolution X.—“ That as an essential preliminary to the individualisation of. Native titles, measures ought to, be taken forthwith, fn concert with, the Natives themselves, for the ascertainment and regulation of the tribal, titles,” was agreed to. v • - Resolution XL—“ That in, districts where the Natives may be unable or unwilling to cede territory of sufficient extent for thq pur-, pose of systematic colonisation —more partiqu,* farly in districts already partially settled by Europeans—provision ought to be made for the commutation of the native right of occupancy into fee simple as speedily as may b.e, due.guarantees being taken, —

“ First, That the Native owners of each district shall have secured to them, subject to proper restrictions on alienation, a sufficient extent of land for the present and prospective wants of themselves and their posterity. *

“ Secondly, That as and when the residue of the district shall be alienated to Europeans there shall be raised thereout, by the way of land tax, either by a single payment by each purchaser, or by instalments, a sufficient fund for the execution of public works within the district.”

An amendment, moved by Mr. Gillies, that the words “by instalments ” should be struck out, was agreed to. Another amendment, moved by Mr. Sewell, that the following words, “ and for the social advancement of the Natives therein,” should be added to the last clause, was agreed to ; and a third, moved by Mr. Fox, for the addition of the words “to be administered by the Provincial Governments, ’’ was agreed to by the casting vote of the chairman, there being 17 ayes and 17 noes.

Resolution XII.—“ That the best devised measures for ameliorating the condition of the Maori people, and for maintaining the peace of the country, must fail of effect unless , the authority of the law is supported by a sufficient military and naval force, and that strong representations to this effect ought to be made to the Imperial Government.” This resolution was negatived. Mr. Sewell then moved the first of the ad ditional resolutions standing in his name,—- “ That without interrupting pending negociations, the Land Purchase department ought forthwith to suspend all active operations towards obtaining from Natives the cession of land, and ought to confine its operations to receiving and negociating upon offers of cession voluntarily made by A/atives.” Iu the course of the debate on this resolution Dr. Featherston said, —he must oppose Mr. Jewell's resolution, whether as regards land at present under offer, or that might hereafter be offered. If the resolution was agreed to, it would not only put a stop to all immediate purchases, but altogether to purchases for years to come. It was a common mistake to suppose that the Natives in the southern part of tills island were indisposed to sell their surplus land. They were so intelligent that they knew their waste lands were valueless unless Europeans settled amongst them. Wlmt was wanted was a complete and better organisation of the Land Purchase department, and this would have been done long since had not the present ministry been actuated by a desire to thwart their political opponents. He advocated the system of purchasing large blocks of land, not small pieces like that at Waiter*, He utterly deprecated the extension of the direct purchase system to the south of this island. The chief want in the Wellington province at present was the removal of the District Land Purchase Commissioner,

Mr. Pox attributed the difficulty in purchasing waste lands to the character of the Purchase department. It was a great mystery. No one knew the principles on which the Native /Secretary acted. Sometimes he seemed, to be guided by political motives. At one time lie deals only with chiefs for tribal rights, and at another with individual claims. At one time incomplete purchases were hastily made; at another, natives eager to sell are put off until they are disgusted, and refuse to sell. Then, again, fie allows no. subordinate to conclude a purchase. He, the great Mr. McLean, must keep up his prestige by holding the money bag ; and iu many instances much higher prices were paid than were-ne-cessary. The attempt to combine the two offices of Land purchaser and political adviser of the Governor, in his single person, had been a failure, and was the chief cause of the Governor being kept in those leading strings which had resulted in. tffe present miserable crisis.

Mr. J. C. Richmond said, that as a representative of Taranaki, he would express his belief, that if the war could be brought to an end, large quantities of native land could be obtained in that province. The resolution was lost by 28 to 5.

Mr. Sewell moved, —“ That provision should be made for the simple and easy transmission, devolution, and descent of laud granted to. the Natives by Crown grants as nearly a* may be in accordance with Native customs; and that measures should be submitted by the government to the consideration of this .house for the above object;” * -

The words “ Crown grants” being with drawn, the resolution was agreed to.

Wednesday, August 22nd.

Mr. Stafford, in reply to a question from Mr.lSewell,. said, that the government had not received their despatch.es,. which had gone to Wellington, but that by priyate letters he learned,, that a measure affecting the land question, of this colony had been introduced into parliament by the Duke of Newcastle. In committee the following, bills, were, rea.d a third time and passed without amendment— Foreign Seaman’s bill and. Remission, of £en,* alties bill.

The house went inJto, committee- oa Mu. Richmond’s resolutions and, the amendments thereto.

Mr. Sewell moved, —That in, the opinion of this house the. present system.' of manage-, ment of native affairs is. unsuited to the. circumstances of the colony, and that it is the duty of the government to propose measures fpr amending the same.” Agreed to.. A, motion, by. Mr, Weld,—“ That at. the present juncture ip the affairs of the colony, it is inexpedient to attempt any change in, the existing relations of his Excellency the

Governor with his iftmisters in reference to tlhf conduct of native affairs,” was carried by 20, to 6. An rioved by Mr. Fox, “ That the' attempt ton administer Native affairs by means of absolute 3 powers exercised by the Governor, only tempered by the. permission accorded to-the Responsible ministers to tender advice, which his Excellency is not bound to accept, has entirely failed, and that there is no prospect of any more satisfactory result until a return is made to the Constitution act, which vests in the colonists through the general legislature the control of the entire government of the colony, to he carried into effect by the system of responsible government, which may secure unity of action iu native as in all other affairs,” was lost by 10 to 22.

Thursday, August 23.

Mr, Sewell,?with leave, withdrew the re:maindpr:<jf hisfY£§olptio?J£ ; ' uv--'-- 1 -- i Mr, Kelling'S'moved, “ That it would be to the benefit of tfie .colony at large, and in particular to tlie agricultural interest, that the laws Which prohibit distillation should be repealed ;” but after some discussion the motion was withdrawn, oh the assurance that the Government would ere long introduce a measure on the subject. After some discussion, it was agreed that fourteen years sfioiild be the term of the patent granted in the ‘‘Purchas and Ninnis Flax Patent bill.” . The Real Estate Administration bill was read a third time, and ordered to be reported to the Legislative Council. Mr. Moorhouse moved, that the Committee report progress, and ask.leave to sit again this day fortnight;; which was agreed to,

Friday, August 245, Anderson, improvement in the manufacture of pipes, and that of the Auckland Water works, were referred to the Standing Orders committee.

In reply to Mr.-Fox, Mr. Richmond laid the purchase deed of Teira’s land on the table. The chiefs Wiremu Nera, Pohi, Te Moananui, and Taraihana Te Raupersha, were examined in reference to the provisions of the Native Offenders bill.

[The report of the examination had not been published up to 14th September.] Tuesday, August 28th. NEW : provinces act.

In answer to Mr. Gillies, Mr. Stafford said, It was not; the intention of ministers to bring forward any amendments as to the principle of this act, believing it to be sound in theory and uuobjeptionable in practice. They ; might perhaps propose io consider the best means of apportioning the, debts of the provinces thereby affected, but that would be done by means of a select committee ; and they might also perhaps consider whether any means could be adopted of making the act work more smoothly. He assumed that the question of the lion, member for Dunedin implied,-’-were ministers prepared toact on the offeusive or defensive ? (hear, hear.) As they thought the act worked well, it could hardly be expected that ministers should take the initiative either as to its amendment or repeal (hear and laughter). A motion of Mr, Forsaith, that the evidence of four friendly chiefs, resident at Waikato, be taken at the bar of :the house, on the subject of the Native Offenders bill, prior to its second reading, was agreed to. . Mr. Fox then moved, with regard to the same,bill. That the. select committee be in--structed„to examine, the following witnesses, — the Bishop <ff New Zealand, Archdeacon Maunsell, Rev. A.Reid, Rev. B. Y. Ash well, and Mr. Armitage. ..The mover said, they had heard a few witneiises favourable to, the bill, now he proposed to examine some that were presumed 46 be unfavourable to the bill. He trusted the.hpuse would not limit the inquiry. He proposed'that the committee should be entrusted with full powers to call for witnesses and papers.' It was impossible to say what witnesses might be found necessary in the course of the inquiry. A witness might give evidence of a startling character, and it might be necessary s to call in other witnesses to sup port or disprove such evidence. The bill had been before thrown out when ministers were strong, and the opposition weak. The present ministry we£e then in the first flush of their power, and; the opposition had been weakened by the jdepartiffje of jmany„ of Itk most active supporters.' “again brought" forward, and, lookingto the irresponsible power it proposed id plabe in the hands, of one man*«s a power which might throw the whole country into one general conflagration—it behoved the house to ObtauT all the evidence they could before they gave their assent to such a sweeping and dangerous measure (hear; hear). The motion was-lost by 18 to 17. The Pnrchas x and Ninnis Flax Patent bill was read A : third tithe and. passed. Mr.-Fox moved; That the matter- involved in the two petitions from Messrs. Davis and Yates, and from Messrs. Yates of Kawhia, be referred for consideration to a select committee. The motion #as-* carried, and a committee appointed, of'Mr. Domett, Dr. Monko,. Mfe "s,* Fitzgerald; Mr. Gailies,and-Blr;^Fdx.- vi Mr; Sewell moved, That a committee be appointed to/considertlid state of the Taranaki settlers? l and/tfie besf ffiiMis’ df Ameliorating tfie The discussion was postponed till

WsbnesAugust 29th.

Dr. Featherston mpved, That a, select com r mittee be appointed to ipqpir.e into the existing arrangements of the Government, relative to tfteam Postal services and the. employment of Steam, vessels generally, since tffe. sessipu

of 1856. committee to consist of Messrs*! JFilliamson,: Daldy, Fitzgerald, Moorliouse, Gillies, Kelling, and Carter. This motion led to considerable discussion, and a lengthened explanation from Mr. Sewell in reference to his connexion with the New Zealand Inter-Colonial Mail service, which the hon. member supported by copious extracts from official correspondence.

As the whole subject will be re-discussed on the bringing up of the report, we do not give the present discussion. .

THK CASE OF THE TARANAKI SETTLERS.

Mr. Sewell, moved the appointment of a select committee to inquire into the case of the Taranaki settlers, with a view to ameliorating their condition. The hon. member entered into the general question of whether the Imperial government or the colony would be called upon eventually to provide compensation, for the, losses, of ; the... Taranaki„ sufferers,] but urged the-appointment of this committee to see what could be done to ameliorate their condition pending the settlement of that question.

Mr. J. C. Richmond, —rose to second the motion. .Reasons of delicacy had prevented him from moving in the matter himself. He was personally interested, and grave political questions as to the relative positions of the north and south of the island might be raised; and he thought that some other member not directly interested might take up the question. He had not been disappointed. There had indeed been no lack of sympathy for the sufferers. But be did not ask so much for charity as for justice—-there being such a connection between the different parts of a nation as makes it only justice to compensate any one portion for loss sustained on the common behalf. This principle had been recognised in Canada, * where compensation was granted for the losses sustained In the rebellion there in 1838. What amount might be required for compensation in Taranaki he could not say, but it must be very large; and he thought a commission of inquiry should, he appointed, and that action should be taken without loss of time. I will now draw the attention of the house to several matters which I think must engage the committee, and whioh I think tne house will be disposed to look on as claims, not on its mercy, but on its justice. First comes provision for the men disabled in the war, and for the necessities of the widows and orphans of the killed. Very few settlers so far, thank God ! have fallen in this unhappy work, but, so large are the families in our province, the list of orphans is already considerable, and one decisive battle must probably largely increase it. Another question may be dealt with in some shape, though the house has no power of its own in the matter. I refer to the position of the men enrolled in the militia and volunteer forces at Taranaki. I ask of the house to move liis Excellency to take the necessary steps for allowing his discharge to every member of that force who may seek it. The civilian force can no longer be said to be defending their own homes, as their homes are gone. They have served for six months steadily and obediently, and have never failed in the field. Many of them are family men; their families are a burden on the colony, and living. separated from them. It is a matter of economy and sound policy, as well as justice, not to detain any member of so expensive a force longer than he is willing to serve. And as a corollary to this it will probably be accepted as a duty by this house to make some sort of provision for giving a fresh start to such as may choose to quit the province and seek a home elsewhere. I cannot bring myself to ask this, either, as amatter of mercy. It does appear to me a matter of justice to, these men, no less than of policy; that, after. their services and sufferings for the common cause, they should not be allowed to become paupers. I think that a moderate grant might be made this session,—perhaps the ministry may have such a proposition on the estimates,—-and that it should be entrusted to the government to apply it through the instrumentality of the commission appointed to inquire into and report upon the amount of loss. Before I sit down I must state distinctly what it was that 1 said respecting the distress in Taranaki in a former discussion, as I appear to have been misunderstood by the hon. mover. I stated that it would be absurd to say that no distress existed in Taranaki, —that where property to. the value of a hundred or two hundred thousand pounds had been des-troyed-—whetOr" pi“6bab(y, ’ the - burnt houses might now he reckoned by the. hundred,— much and heavy distress must exist,—setting aside that front death anil wounds,, which could not be estimated in &s. d. But I said, and I repeat it, that it would bo a disgrace* eternal and ineffaceable,* oh the general government and provincial authorities, among whom I include myself, if what is called distress in the narrower sense—want of food, of clothing, or of shelter—had existed. I stated that hardships existed in night watches and exposure to weather;: in that sort of cramming that exists on an emigrant ship, the serious misery of which alii of us have seen or experienced. But, sir, I repeat,, that no want or destitution beyound this has been allowed to exist. I: assert that not only no one had needed to suffer want, but .that no one bas so suffered; or if any one has, it has been in such a, corner as I can hardly imagine to exist in Taranaki. The general government has supplied or guaranteed the means, and the provincial governments of Taranaki and. Nelson: have applied them* Had* any neglect existed in these respects, I repeat-it*, the disgrace would, have been, ineffaceable, and I couid npt, stand in this house to.speak of it. After speeches from ; several other members the caption was carried,. *4