OPENING OF THE GENERAL LEGISLATIVE COUNCIL FOR NEW ZEALAND.

Wellington Independent, Volume VII, Issue 585, 21 May 1851, Page 3

OPENING OF THE GENERAL LEGISLATIVE COUNCIL FOR NEW ZEALAND.

The General Legislative Council com-, ruonced its sittings on Monday afternoon, May 19th, in a small square room over the Court House, which had beoti prepared for the purpose. The room was neatly papered and famished, and over the mantle piece we observed a full length engraving of our Queen. A small lobby was set apart for visitors, and a table in one corner of the Council room was provided for the reporters, it appeared to us that the authorities had resolved to <nve every facility for the public to become acquainted with the proceedings. A detachment of the 65th Regiment were placed in front of the Court House and the Band on the approach of the Governor played " God save the Queen."

The Governor took the chair at 3 o'clock, aud the proceeding's were commenced by the Rev. R. Colo, 51. A. reading a selection of prayers which had been printed for the occasion. One from the Liturgy of the Church of England, the prayer for the high Court of Parliament; one from Bishop Taylor; the Collect for Whitsunday; one from the Communion Service ; the Lords prayer. On the right of Sir George was seated Lieut. Governor Eyre ; on the left Colonel M'Cleverty, there were also present D. Wakefield the Attorney General; the Hon. H.W. Petre Colonial Treasurer; W. Hickson, Esq., Captain Smith, S. Carkeek, Collector of Customs, A. Domett, Colonial Secretary.

An oath was administered to the 2 new members, " that they would be faithful and bear true allegiance to Her Majesty Queen Victoria." The Governor still keeping his seat thoa read in a distinct manner the following speech:—

Gentlemen of the Legislative Council of the New Zealand Islands, —

In conformity with the guarantee I formerly gave to the Provincial Legislature of New Muiister regarding the places at which the meeting of the General Legislative Council of these Islands should be held, I have on the present occasion, caused the members of the General Legislative Council to bo summoned to meet at Wellington for the despatch of business.

There seems also to have been apeculiar propriety in now assembling you in the Southern Province, as the questions to be committed to your consideration chiefly involve matters connected with the interest of New Minister ; indeed, upon the proper solution of some of these, it may be said that the whole of the future prosperity of this colony depends.

This Province also, at the present moment, appears to have peculiar claims upon your consideration, from the fact of two large and distinot settlements having been recently formed respectively at Canterbury and Otago. by the establishment of which the importance, population, and wealth of New Minister have been greatly increased.

I entertain no doubt that the enterprise which led our countrymen to abandon their country, to form new homes, and to found those settlements in these Islands, will receive a rich reward, as the localities they have respectively occupied abound with natural advantages, and with resources which, when developed by the industry of civilized man, will soon afford ample means for the creation of private wealth, and of a considerable commerce which will enrich, not only this colony, but also the parent state You will, however, I am sure, feel that you should omit no means within your reach, or which your experience may suggest to you, to foster the interests of these young communities, and to enable their inhabitants profitably to develop the resources of the country,

In approaching the consideration of the various questions which will demand your attention, it must be gratifying to all to reflect that these Islands have now, under the blessing of Divine Providence, enjoyed so long a repose from the calamities of war, and have attained such a prosperous condition; so that the task you are now about to enter upon is not, as heretofore, that of devising the means of overcoming immediate danger, or of remedying passing evils, but the far more grateful .one of developing the resources of the country, and of adopting measures which may hold out a fair prospect of rendering permanent the present prosperous state of New Zealaud.

Amongst the most important of the measures to be brought under your notice is that which relates to the settlement of the titles to land within the territory which was formerly vested in the New Zealaud Company. You are aware that, after the lapse of so mauy years, not a single settler within that territory is in possession of a legal or valid title or conveyance to his property, and that the" whole question of titles to land is in a most involved and confused state.— Until so great a difficulty is removed, it is impossible that any great advances in

wealth or prosperity can be looked for in this part of Naw Zealand. Immediately therefore, that the Local Government were enabled, by tho dissolution of the New Zealand Company, to take any steps in reference to this subject, I directed my attention to it; and I have had a measure prepared for your consideration which, in its general features, I think well adapted to adjust and finally settle tho various questions connected with titles to land in this part of New Zealand.

I must, however, necessarily depend upon your wisdom and knowledge of local affairs, for the settlement of the details of such a measure : and I confidently rely upon your affording me such advice and assistance upon this subject as may enable me to give my assent to such an ordinance as may secure to her Majesty's subjects ii clear and satisfactory title to the lands to which they are entitled; and as may, by putting the tenure of property upon a certain aud beneficial footing, afford that security for the investment of capital in landed property which is absolutely requisite to ensure the rapid advancement of the country.

Although tho bill for this purpose provides, in the form in which it will be laid before you, for the complete settlement of the question of titles to laud, I think, in reference to its effect upon the general prosperity of the country, it may bo found possible to make some valuable additions to it.

Should the bill pass the Council nearly | in its present form, its effect will be to leave in the hands of absentees and others, large quantities of land which they cannot use for many years ; this land is moreover divided into such minute subdivisions, and is scattered (even in' the case of one owner of several allotments over so great a space of country as' to be of comparatively little use to the proprietor; in many cases the position of these portions of land has hardly been ascertained, and the owner often residing in England there is frequently no person in this country empowered to dispose of such portions of lartd. Even in those in which the proprietor may have an agent in New Zealand, it is often very difficult t<i find who the person possessing such power over any particular portion of land may be. Nearly all the "immediately available lands in the vicinity of the older settlements are thus circumstanced ; when therefore, under the provisions of the proposed law, titles to their lands have been issued to all the proprietors, I fear thac whilst they will be put into possession of that which will be of little use to them, the Colony will have to relinquish, for mauy years, all expectation of any fund being realize;] from the sale of land ; and that the ditfieuitv! of acquiring land by purchase will deter, intending emigrants from resorting to settlements where laud can not be immediately purchased in the vicinity of towns, at a public office where every information regarding all the lands which are open for purchase couid be afforded to the immigrant.

An attempt lias been made, in the bill submitted for your consideration, in some degree to remedy these evils by the introduction into it of a provision under which persons would be permitted to exchange their claims to land for scrip, which would be available in the purchase of any land which the Government may at any time offer for sale in this Province. But although such a measure will perhaps remedy one evil, by inducing many persons to throw up their previous selections, and thus leave a greater quantify of laud open to arriving immigrants, who would probably pay for it in the scrip issued by the Government which they would purchase from the holders of it; still the evil, in so far as relates to the annihilation of the land fund, would for many years remain untouched.

I think, therefore, that the proposed measure might perhaps be amended by a further provision being made, which would enable the holders of scrip, if they desired to do so, to fund it by the purchase of Government debentures, payable at any time at the option of the Government after twelve months' notice, and bearing a low rate of interest. Many persons would probably avail themselves of such a regulation, and its effect, in conjunction with the other proposed measures, would be to reproduce the land fund, and to afford ample lands for the selection, either of the present colonists, or of those who may arrive. It would indeed place the colony somewhat in the same position in which it would have stood, if its founders had, in the first instance, borrowed a sum of money for its establishment, the principal and interest of which were to have been a charge upon the future revenues of the country,

If the Council should, after mature consideration, think that an arrangement of this nature would tend to ; promote the prosperity and welfare of this Colony, I shall gladly avail myself of their experience and advice in considering the subject.

■Although the precise form in which you may wish the questions connected with titles to laud to be 'adjusted-is uncertain, I still felt so satisfied that you would agree in (ho general principle, of attempting to securo to every' bdna fide

proprietor an unimpeachable title to his property, burthened with no conditions or reservations, that I have already directed that thu surveys necessary to accomplish this object" should bo carried on asrapidly as possible; and the result of this, and of the measures now submitted to you, will, notwithstanding the present embarrassed state of the question, be to place in a few months titles to land in New Minister upon as clear and satisfactory a footing as in any part of the world. Another law of great importance which I have directed to be prepared for your consideration, is an ordinance for regulating the occupation of the waste lands of the Crown in these islands. I shall gladly cooperate with you in endeavouring to legislate upon this subject in such a manner as to promote and foster the pastoral interests of this Colony, which interests are of the highest value to this portion of New Zealand, as being the source from which you may immediately anticipate a large and valuable export, find a considerable commerce, and consequently that reaction in favour of the other interests of the country which will necessarily spring from increased wealth and augmented trade.

Actuated by the same desire of pro moting the pastoral interests of tlr : s country as will, I am avvaro, influence you in legislating upon them, I have, in conformity with the requirements of the Royal Instructions, prepared the orders which I propose to issue for regulating the depasturing of sheep and cattle upon the Crown lands, a draft of which orders shall be laid before you.

I will also lay before you a bill to empower the Governor to place at the disposal of any corporation which may be created in New Zealand, one third of the gross proceeds of iho revenue realized from lands which may be disposed of hv the Crown within the limits of such corporation.

Her Majesty's Government were pleased, upon my recommendation, to advise the Queen to issue Instructions empowering the Governor of the Colony to authorize the application of any proportion, not exceeding one-third, of the gross proceeds of the sales of Crown lands effected within the limits of any hundred, towards such purposes as shall be signified to him by the Wardens of! such huudred, or by such other author:-{ ties thereof as shall be designated for that purpose by auv Ordinance to be passed by the Legislature of the said Colony, subject nevertheless to such restrictions and regulations as shall be imposed by such Ordinance.

In fulfilment of these Instructions it has become my duty to propose for your consideration a Bill for enabling the Governor, in those parts of New Zealand where a Corporation may exist, to piace one-third of the revenue lealized from the sale of hind at the disposal of the Corporation for the purposes indicated by the Royal Instructions, instead of leaving such portion of the revenue at the disposal of the Wardens of the Hundred, as is at present the case.

You will find that in all these measures relating to the sals and management of Waste Lands of the Crown, I have attempted to shew in the plaiuest manner that the Government only administers these lauds as trustee for the public, and that its only desire is to protect the public interests in relation to them ; and I confidently hops that the large share wlu'uh will now be given to the inhabitants of the Colony, and especially to the middling and humbler classes, iv the management of the waste lands of the crown, and in the employment of the funds derived from the sale of them, will teach them to how great an extent the interests of themselves and their families depend upon a judicious management of these lands by the Government.

In relation to the subject of the waste lauds of the Crown, it gives me great satisfaction to be able to inform you that I have every reason to hope that the Government will be able shortly to complete the purchase of two extensive tracts of land in the Hnwke's bay district, comprising nearly 600,000 acres of land admirably adapted to agricultural and pastoral purposes : the acquisition of this tract of territory cannot fail to exercise a most beneficial influence upon the town of Wellington. In order that the fine tracts of country in the Wairarapa and Hawke's Bay district should, as soon as possible, be connected with this town, the Government are making every exertion to have the Wairarapa road completed.

Negotiations have also been commenced for the purchase of the Pelorus district, the acquisition of which is regarded by the inhabitants of Nelson as essential to the prosperity of their settlement; and a sum of two thousand pounds has been appropriated for the purpose of opening a lino of communication between Nelson and the Wairau, which road will pass through the fertile valley of the Pelorus.

I have directed that a bill to provide for the establishment of Provincial Legislative Councils should be prepared for your consideration. This measuro has been drawn up in conformity with the powers conferred upon this Council by a recent act of the Imperial Parliament.

The subject to which this bill relates is oris which has engaged my thoughts and attention for a considerable period of time. 'Previously to preparing my measure regarding it for your consideration, I visited almost every portion of these Islands, and acquainted myself, in as far as practicable, with their wants and requirements. 1 also carefully considered the relations and respective feelings of the different populations inhabiting these Islands, and weighed as far as I could, the diverse interests and prejudices which, were to be consulted; finally, v/ith a full sense of the deep responsibility which rested on me in attempting to introduce Representative Institutions throughout a Colony so peculiarly circumstanced as New Zealand is, with so large a native population, I caused a measure to be prepared, which was the best that my experience suggested to me; and although I have no doubt that many of its details may be amended, I have not yet been able myself to devise, nor have I'had presented to me, any plan which I can regard as so applicable to the circumstances of the Colony as that which I shall submit for your consideration.

I am glad to have it in my power to state in reference to the Genera! Council for the whole of these Fslands, that I understand that her Majesty's Government will, in the present session of Paraainem, bring forward a measure for the creation of such a council; and there can, I think, be no doabt that if any subordinate measure for the constitution of Provincial Councils which you may pass should be found faulty, either in its general principles, or in its details, full power will bo given to the Genera! Council to amend and modi!)- such a measure in any manner that it inav think fir.

I recommend to your earnest eonsideratioii the draft of a measure I have had prepared to amend the existing law which regulates marriages in the colony of New Zealand. The present law is not satis* factory to the members of a considerable number of congregations, and after fre-

quent conferences with the leading members of such congregations, so that I might

thoroughly acquaint myself with their feelings and wishes, I directed thut the bill which I shall lay upon the table should be drawn for your consideration. I have every reason to believe that the measure now proposed would he received as, in all respects, a most wise and satisfactory one by all classes of her Majesty's subjects.

Representations having been made to me from various parts of New Zealand, and especially from the Provincial Legislative Council of New Minister, to the effect that the substitution of a fixed system of levying Customs duties, in lieu, of the ad valorem duties at present levied, would prove a great advantage at once to trade

and to the revenue, I have caused a bill in relation to this subject to be prepared for voar consecration.

This measure is altogether based upon the Eeport upon Customs duties which was drawn up by a Committee of the Legislative Council of this Province, and which was found to have been so ably and carefully prepared, that it was thought better to lay it before this Council exactly in the form in which it came from the Committee who drew it up.

By an Ordinance which was passed iv the year 1848, the Legislature vested iv me, as Governor-m-Chief, ths sole control of the Post Office establishment in these colonies, as also the power of fixing, altering, and abolishiug the rates of colonial postage. It was at that time, I believe, the intention, of the Legislature that, so soon as I had established a pos* tal system which was found iv practice advantageous to tbe country and satisfactory to the public, a new law should be enacted providing for the continuance and maintainauce of the system which I might so establish. I vrill cause to be laid on tbe table copies of the proclamations which I have issued for the regulation of Post Offices, and for fixing the rates of colonial postage; and it will then rest with you to determine whether you will leave for some time longer in operation the existing Postage Ordinance, for the purpose of enabling rue, in conjunction with the Right Honorable the Postmaster-Gene-ral, fully to carry out a postal system by which letters may be pre-paid in New Zealand to any part of Great Britain, or in that country to uny part of New Zealand: or whether you will enact a new law upon this subject, .confirming the present system of postal arrangements, or establishing some other system which may appear to you more likely to promote the interests of the colony.

In order that iv coming to a decision upon tliis subject you may be put in possession of the latest information regarding it, copies will be laid upon the table of a correspondence between the Postmaster General and the Lords Commissioners of Her Majesty's Treasury, from which, you will find that the question of t!io amelioration of the postal arrangements between Great Britain and her colonial possessions is at the present time receiving the anxious consideration, of the Home Government.

I have been directed by Her Majesty's Government to propose to your consideration a bill for taking a census of the

Hit Fort Beaufort, as he may direct, for >the purpose of arresting this rebellion, so fraught with danger. I deeply regret to observe the antipathy and unwillingness of men who have heretofore been so ready to rally round the Royal Standard; and I hereby proclaim and make known to the inhabitants generally, that unless *fchcy promptly and energetically turn out, •the horror which must ensue will be upon their own heads, and those of their helpless families.

The inhabitants being hereby emphatically and earnestly warned of the impending danger, will I confidently hope, urousc themselves to avert the evils which ■■are rapidly gathering, and must otherwise • soon surround them. God save the Queen! CTiven tinder my Hand and Seal at (King William's Town, this :3rd day of 1851. H. G. SMHTI, Governor. The latest intelligence from Kallirlantl gleaned from the papers before us is Hhis :-—

All Whites had been drafted from the Western Districts Levies to the Ist European Corps, which was thus completed to its full strength, of 400 men, and attached to Major-General Somerset's Di"vision,—doubtless for operations in the ;Kat liiver Settlement. A force of 2,400 ••men, including this corps, under Colonel Mttckiunou, was to have left King William's Town on the I4lh for Fort Hare 'The Ist European Corps would remain •there, and Col. Maekinnon's force would -scour the country on its return to King William's Town.

Forty Graham's Town and Albany Volunteers were ready to start on special service, under Messrs. W. Currie, and A. W. lloolc.

Several skirmishes have taken place be--Iwecn Burghers and the Kaffir marauders who now begin to infest the Albany and ■<Uitenhage Districts. The latter have invariably been discomfited with loss, and •a few of the Colonists have also unfortunately lost their lives.

Iα addition to the items of Cape news -we subjoin the following " more last 'words" from the South Australian.

The Governor had altogether about T,OOO troops in Kaffir land, and was about to males a strong attack upon the Anatoh. mountains, the principal scat of! '■l\\G hostile tribes, but the colonists were "very much ufraid that other tribes would •'take that opportunity to break into the colony. The most sinistercircumstanccof all that had occured, was a rebellion of the Hottentots, who had joined the enemy in In rge_ numbers, and they are particularly ■formidable on account of their discipline •and their possession of arms. The Finigoes were therefore the only natives that -could bo depended on. In the papers before us, aro accounts •of several desperate actions. On the 21st 'January, the enemy made a most desperate attack on Fort Hare, but they were beaten off by the Fingoes, and a detachment of the Cape Mounted Rides. milder Major General Somerset, with great loss;. 100 bodies wero found on the •■field besides those carried off. On the the British side six Fingoes were killed -unci ten wounded. The Kaffirs, however • carried off 200 cattle. On the 24th January, 120 Cape Mounted Riflemen, -under Major Armstrong, and 170 Fingoes ■under Mr. Tainton, were attacked near King William's Town, by GOO Seyolo's and An la's Kaffirs. Tho latter ' were completely defeated. Only one trooper and one Fingoc were killed by the enemy. 1 lie followmg levies had arrived :—Swellendam, 097 men. Capo Town, 400 men. Jtivcrsdnlc, 108 men. Gourge, 200 .colored votonlojrs. Port Elizabeth, 100 Fingoes Colesburg, 200 men. Albert, -JOO burghers. On the 20th January, ■ 1260 men had arrived by sea at East Ijomlon, and tho Governor was then to proceed to relievo several besieged forts Hie papers are full of evidence taken as ■lotlie Hottentot rebellion, which is beiliovod to be the result of a deep laid plot and it is further stated, that men of ktiropoan race were tho authors of both the war and the rebellion.

On the 30th January, Colonel Mackin<non proceeded from King William's ■lown, with 2,200 men, consisting of regular troops, colonial levies, and Fingoes, to Fort White, and Fort Cox, and placed in them six week's supplies of provision. Ho was attacked by tho Kafiirs, but without loss on his part, repulsed them by a fire of Musketry and shells wlncn did groat execution. On the 3rd February, Sir Harry Smith puuiislioiU proclamation, regretting the apathy and want of energy of many of the inhabitants, and assuring them, that unless they came forward, the rebellion could not be checked, and the horrors that must come would be on their own head.

From the latest accounts, the Kaffirs seem to have spread over the whole eastern frontiers, a great part of which, was dosprted. A desperate fight was going on in the northern part of Victoria district, between the burghers and Fingocs on one side, and the Tambookies and rebel Hottentots on the other, and skirmishes were frequent in all other parts Ou the 13th, Colonel Mackinnon proceeded with 2,730 men, from Kin- Wilham s lown to Fort White and Fort ware. He left a European levy of 400 men with General Somerset/at Fort Ware. They were molested by Kaffirs on two occasions, but these were easily ■c3r Wkh ShdlS and Clmrges of O/i the 15th, General Somerset, and Colonel Mackinnon, made a combined movement on the Chumie Valley, .which the latter entered and destroyed the huts

and fields. In his return to King William's Townj on the 17th. Colonel Mac kinuon was attacked by large bodies o" Kaffirs, who wore driven back with great joss. The loss of the British 8 killed a nd 17 wounded. While the Kaffirs were t ]jUS engaged, 400 Fingoes crossed the Kainma, from King William's u< own, and carried off 410 head of cattle.

Captain Tylden Ixul most gallantly repulsed attacks made by large bodies of the enemy, at Whittlesea. On two occasions the enemy lost in all CO men killed and wounded, and afterwards he attacked a place called Shiloh, where their loss was 40 men killed and wounded, and 800 cattle captured.

Mr. Joubert, field commandant, with his Commando had done good service. In two engagements they killed 150 Kailirs, and" took 3000 head of cattle. The Commando had only one man slightly wounded.