LEGISLATIVE COUNCIL.

Wellington Independent, Volume II, Issue 116, 21 November 1846, Page 4

LEGISLATIVE COUNCIL.

Tuesday, October 6th, 1846

Present :~Tha Governor, Colonial Secretary, Attorney.General, Colonial Treasurer, W. Donnelly, A. Domett, and A. Kennedy, Esqrs.

Constabulary Force Bill read a first time

Supremo. Court Rule* Bill read a first and second time ; and ths Council went into Committee upoh its various sections. \

i Tbe preamble and first clause having been read; the Governor enquired before the. bill should be further proceeded with, for information respecting one of the rules of Court, which provided for the acknowledgements of married women to be taken by barristers and solicitors of the Court. Hti Excellency thought that magistrates should have this power, but by the rules it appeared that they were excluded. ■ . . ,

The Atorney-Gdneral explained the rule by observing that euah power had been given to the barristers and solicitors of the Court, in order to avoid inconveniences arising from a justice of the peace being at a distance from the party desiring to enter acknowledgement. Magistrates were not nrmed in the rule, but the Judges could give them euch authority.

The Governor said, that he considered justices of the p-ace should hare the power of receiving such acknowledgements: It. might be more difficult to have access to a practitioner of the Court, than to a magistrate. The Council should, pause before they eonsentad ta the confirmation of those rules. He (the Governor) could easily foresee that considerable embarrassments muit arise hereafcer, if the rule was confirmed in its present form. It was highly necessary that something specific should be dene, so that the power, which was a Very important one, should be givsa to Magistrates; and he would willingly leave the matter to the Judges, but it wasqjstbnible whether their Honors Bad the power of appointing any persoas except buristers or solicitors. He doubted whether the Judges would have such jurisdiction over magistrates as to make such appointment. The Council ihould themselves make such rulei in this matter as would be specific. If left to the Judges it might b come cumbersome, but if the Council set the machinery in order, it would be easy to keep it in motion. With respect to the fees, the Governor observed, that he would rather that the consideration of..this clause should stand over, until the introduction of the;' Sheriffs. BilU. The, scale of fees, which they were called upon to confirm, might be insufficient, for defraying the expenses of the court;" or it might he above what was necessary for that purpose . Now, , if the fees should be more than sufficient for this purpose, then the Executive Government should have power to' reduce them; arid to increase the amount, if found .by experience too small. It was better, therefore, that the Coanoil should not hurry this bill through, before at was duly considered ; for if at any time it was necessary to raise ths scale of. fees, his Excellency would feel considerable delicacy, in doing so, after the present suile had passed the Legislature. Mr. Donnelly coincided with the Governor Iα hU view of the Bill.

The Attorney-General moved, that the further consideration of the bill should be postponed. Mr. Domett complained of the. inconvenience experienced at Nelson t byj3ersons, who wished to enter actions m the Supreme Coarti from the fact of their being no officer to issue Wmraohsei. It was necessary for.the Nelsonpeople to proceed to the Deputy-Registrar .at Wellington when they happened (which was.very,seldom) to require each documents. The existing regulation amounted almost to a denialof justice; and, if this was the proper place to.name the matter, he would beg to suggest that the. Governor should appoint a person to act as deputy-registrar at Nelson, and that the circuit courts should be held more.frequently. The honorable member stated that his object in bringing the matter before the Council at that time, was m order, if possible> to have this serious inconvenience to the settlers at Nelson removed. ■. -, The Govorner said, that the hon. member's,proper course was to make an application on the tubject to the Judges. The Attorney-General also recommended tke same course ; and observed, that if the Judges had no power to make an appointment such, as that called for by Mr. Domett, their Honors could recommend to the Executive Government the propriety of making" such an appointment. Mr. Domett thought that the Council should interfere, and not leave the matter to the Judges or the Executive Government, who had allowed the evils to exist so loag without attempting to remedy it. Governor said, he would take care that the matter should be brought before the Judges.—-B ill postponed. Naturalization Bill. . Mr. Domett moved the second reading of the: Naturalization Bill. The bill was read and agreed to. Mr. Kennedy moved that the name of Samuel Brown, Auckland, be added to the schedule.— Amendment agreed'to. .■ . . The Colonial Secretary gave notice of the: second reading of'the Constabulary Force Billj and of the Native Trust Bill, on Wednesday. ■The Attorney s General gave notice of the first reading of a Bill to amend an Ordinance for establishing a Supreme Court. ;. L Wednesday, October 7, 1846. Present all the members.—Mr. Domett moved the third reading of the Naturalization Bill, which on the sttggeitioh of the Governor, was postponed till next day. ; ;The Colonial Secretary moved the second reading of. the Constabulary,, Force Bill. , He said, the object of the Bill was to organize a force similar to ihat which "had Been established in other British; colonies. 'In this colony it'was proposed by the bill to introduce the natives into the force,'whidh he was suie wxjuld: produce the.very! best results. By mingjin;, the natives with European! in this force, he believed a "great point would be gained towards their civilisation. 'Another good result might proceed-from tha bill as relates to the natives, which , was, that iiithe event of another native insurrection breaking out, the friendly, natives would have the advantage of being properly ( drilled and and tltui be enabled to act more powerfully in quel. lino; any hostile movement. The hoo. member con. cluJed by moving thesecond reading of the bill.' Mr. Domett seconded the motion.

Mr. Donnelly said, that a constabulary force already existed, themea«ure before the Council must be regarded ns a remedial one. As to the new force, then; could be no question as to its efficiency in every way, and as to its decided superiority to the old. It must be observed tuo, that'the mixture of the races in it, was the first practical step on a manly scale, towards their final aumlgamative, which had been hitherto taken by the local government of New •Zealand.

Mr. Kennedy thought that the force for which the bill required, ,'yet he considered the bill, as it stood, was objectionable. No limit was given, and there might be large forces^raised at, pleasure if the] feill passed in its present shape. The new system of police was unpopular in Auckland, but well received at Wellington, and the reason of this difference was obvious. Iv Auckland labour was scarce and hardly to be procured, and the few hands who were eligible for employment had been withdrawn from the labour market in consequence of the establishment of the police force ; but in Wellington there was not only no scarcity of labourers, but such a redundancy of unemployed persons as rendered their incorporation ia the new police rather a benefit than an evil.

The AttorneyiGeneral made several observations in'reply to Mr. Donnelly's objections to the bill: and in answer to Mr. Kennedy, remarked, that the council could not with propriety lay down a rule for the number of police to be raised, for that would require to be regulated by the exigencies of the colony from time to time. ;'; The Colonial Secretary was glad that no objection had been raised by hon. members to the principle of the bill. There was no doubt of the beneficial tendency of the measure. If it should become necessary at any time for the ends of justice, that an expedition should be undertaken into the interior, none would be batter adapted for the duty than the native police.

The Governor rose and said, that upon a measure of; such importance it would be necessary for him to say something respecting his views concerning it. Tne bill before the Council authorised the raising of a force, but it did not provide oae sixpence for the support of it. To have brought before the Council the estimate of the probable expense of the force, before he laid the, bill on the table, would have been injudicious, for in so .acting, he would hare been providing for the support of a force, the establishment of which had not been authorized by the Council. > It would be well if the Council woald not interfere to limit the numbers to be; railed; but if they considered it wise to do so, they should not * make such limits to extend beyond the present year. Subsequent Councils should legislate upon this matter for subsequent years. With regard to the propriety of the force being placed under the control of the magistrate!, his Excellency observed, that ia this colony the case was yery.dif. ferent from England or Ireland. The promptitude in which the necessary movements of this corps rendered it imperative that they should be under the immediate command of properly constituted officers, who would be responsible to the Government for their conduct. But should the armed constabulary force be placed under the control of the magistracy, they could only act when authorised by the magis- j trate's warrant or command.. In Ireland, the police 1 were paid out of the consolidated fund, and he (the Governor,) wou'd be glad that the force in New Zealjpd could also be provided fur in such a way at would fall lightly on the colonists; but if the Coun- ; cilappropriated the revenue at their disposal, to the j best advantage for the good government of the colony, he (the Governor) had no doubt that the Im. perial Parliament would make up any reaionable I deficiency that might be required. It bad been observed by an honourable member , , that the measure | was viewed in different lights by the settlers at" Auckland and those at Wellington. Now he, (the Governor) could easily account for the difference of opinion alluded to. Immediately after the force was railed at Auckland, it became bis duty to hurry off to the Southern district, before he had time fully to arrange his plans or see them pnt in execution ; and the force in this district had not been' yet tested in the face of the community. At Wellington however, the case was different. There the police had been ever since their establishment, nearly all* the time actively employed, and,the system had proved to be very efficient in its operations in that district. Tee people of Wellington have sesn the utility of th* system, and regard.it very differently from, the inhabitants in this settlement. For his own part, he could scarcely imagine that a greater boon could be conferred on New Zealand, in its present circumstances, than that which was provided by the measures before the Council. ,O»ie of the great advantages which he conceived, would result from the measure was, that the communication between the various settlements could be kept open by posting the force at various stations along the roads in the interior; and by such arrangement the colonists would be saved similar annoyance, and inconvenience to that which was lately given at Mokau byia sulky chief who thought proper to place a tapu upon the principal road, to prevent some natives with whom .he. had quarrelled, from passing along that way. Another advantage was. aimed at by the Formation of this force. Should the settlers beyond the immediate vicinity of the towns be molested, it would be necessary to afford them prompt protection, and the beet way in which this could be accomplished, would be by a native police; for being so well acquainted with the nature of the country,,they would be able to go at once to the very doors of .the offenders. He, (the Governor) conceived that great good would result to the natives themselves by being placed in this force, where they would have the opportunity of learning, not only habits of, European discipline, but also of cleanliness and regularity. There were similar establishments existing in other colonies ; and as farae they had come under hia personal knowledge, they were attended with the very best results. The bill was read a second time, and the Council went into committee upon its several clauses.

, MIDDLESEX SESSIONS, Tuesday, March '3, offenders... Before Mr." Sergeant Adams, J'urige, ancTa jEJench of Magistraies. . ! William 'Martin, a littJo boy of twelve yeir'aafaga, and.unusually small fpr'hi's years, pleaded guilty to an ih"dictmeni' stolen the sum 9f the' raoiites / bf Maurice Casey.

Tho learned Judge eddressing the Jury said, what can be done with this child ? lie ii?, you se, only twel veyenrs old ; he has lost his father seven years, and himotht?r, who is a washerwoman in Devons .shire-sireet. Lisson Grove, fs constantly in a state of'drunkenness, and n fortnight since turned him out into tho street*. Thus yon see, his only natural 'protector not simply deserts him, hiit .throws him upon the wide world helpless and deserted. What can we do With him ? What choice have we 1 If we send, him to prison for six month?, in our Westminster prison he will it is very true, receive an excellent education while he is their; but then what is to become of him at the expiration of that time 1 If we flog him and let him go what is to be done with him then ? 1 cannot help saying that, in my opinion, a criminal tribunal is not the proper place to which these children ought to be brought When this child has been six months in prison he will come out friendless and deserted, without a home, or indeed any place to run to, either for shelter,} or for food or for protection. It realy is heart-breaking to see such cases. As he - is at present situated there appears to be iio other prospect for him but to became a confirmed thief. But, gentlemen, I d<o hope to live toseejthe day when we shall have some establishment whereat these poor children shall receivo the benefits of two, three or four years education, (this child cannot even read,) and then be taught some trade by the exercise of which they may be able to earn an honest subsistance. I nvan, gentlemen, that this education shall be partly borne by the parents"of children, where they possess the means, and when? they do not, then that a portion of expense shall be paid by the parish to which the child belongs. After they have had this education, then there can be no doubt but that they will be sent to one of our colonies at the expence, or partly so, of our Government. These children would then be sent abroad without the stain of a prison upon them. I am well aware of the difficulties the Government labour under with respect to sending boys out to the colonies who have been to Parkhurst, for these children have been repudiated simply on account of their having been imprisoned. It is not long lince Ireecived a paper from New in which, in the most violent language, complaint was raised because the Government had sent out those boye who h»d beetrt#»Parkhti«tv The only reason why there was this violence of feeling appears to have been that the children had been in a prison. Well then, 1 want to see some public establishment where the same ends can be attained without it being possible to say that the boys have been in a prison. Gentlemen, ;I am sure by the expression of your countenances, how deeply you commisseraie in the condition ofihis poor boy and tho.««e who are similarly situated ; and therefore it is that.l have no help myself,aß the law at present exists, but I can scarcely find it in my heart to send this child to prison, under the circumstances into which he has been thrown. The school we have in our prison at Westminster, is a most excellent one ; —but there it is, fri a prison ; and then, what are we to. do with him when he corns out.

Impertinence Pijnishbd.—We find in the CouRiUER dcs Etats Unis an account of a curiou'o incident which occurred at a bazaar or charity fair at Paris:—A young lady. Mips A- —, celebrated for her beauty and wit, presided at one of the tables. Among the throng which pressed round the fair vendor of elegant fancy articles was a young gentleman of much assurance, who gazed upon'the lady with offensive freedom, and affected to admire (he; various articles axposed , for .sale, but bought .nothing. " What will you please to buy Sir?" asks, Miss A —, with a smile of peculiar meaning. "Oh," replied the exquisite, with a languishing look, " whfitl most wish Jo purchase 19 unhappily not for sale."," Tell me what jon wish?" "Oh, no; I dare not deClare my wishes." " Nevertheless; ,, said itoissA— ..."letme know what you wish to buy," ..«« VVell, then, since you insist .upon it, I should like a ringlet of your glossy blaok hair." The ladymariifested no embarrassment at the bold request, but with a,pair of sensors; immediately.clipped off one of her beautiful locks and handed it to the astonished .y\iuth, remarking that the price was 500 -francs. Herbold admirer was thunders'truek. with this demand, but dare not demur, as bvthii time .a group had col. ifectod and were listening to the cpnversaiion. Me took the'hair,, paid over,the 500 francs, arid -\vith an air of mortification and 1 satln'ess left the hall,