THE GENERAL ASSEMBLY PROCEEDINGS.

Wellington Independent, Volume XVI, Issue 1451, 4 September 1860, Page 3

THE GENERAL ASSEMBLY PROCEEDINGS.

In consequence of the non-arrival of the White Swan, with many of the Southern Members, until the 28th July, the opening of the General Assembly did not take place until the 30th July, when there were present thirty nine members of the House of Representatives, the only two who were absent being Messrs. McAndrew and Taylor of Otago. A few of the members of the Upper House, the Legislative Council, were also absent. We give a3 full an epitome of the pro- ■ ceedinga as our space will allow. THE GOVERNOR'S SPEECH. The speech of His Excellency bats created universal disappointment. Instead of presenting that full explanation of the past and explicit statement of the policy which it was deemed, necessary to pursue in the future, with regard more especially to the war at Taranaki and Native Affairs generally, it contained only a bare recital of a few prominent events, and was absolutely silent on the measures to be proposed for the future. It is as follows — Gentlemen of the Legislative Council, Gentlemen of the House of Representatives : — In the present circumstances of tho Colony, I have recourse, with great satisfaction, to your advice and assistance. Tho Province of Taranaki— the state of which has long been a source of anxiety — has recently become the scene of an Insurrection, involving portions of several Tribes of Aboriginal Natives. I The immediate occasion of this disturbance of

the public peace has been an attempt, on the part of a Native Chief, of the Ngatiawa Tribo, to forbid tho sale to the Crown, and forcibly. to prevent the survey, of a piece of land to which he neither asserted nor possessed any title, I felt it to he my duty to repel this assumption of an authority inconsistent alike with tho main- , t mance of the Qaeen's Sovereignty and the right of the proprietors of tho land in question. In th course I have receive I from all parts of the colony assurances of sympathy and support, affording gratifying evidence of tho loyalty of all classes of Her Majesty's subjects. 'fl amf;deeply sensible of tho sacrifices made by those who have been called upon to aid in the assertion of Her Majesty's authority and in providing for the safety of the Colony. Her Majesty's Land and Sea Forces have displayed their accustomed gallantry, and I desire especially to express my admiration of the courage which the Settlers of Taranaki have shewn in the field, and in the endurance of the privations and losses to which they have been subjected. My thanks are due to the Governments of the neighbouring colonies for the efficient aid which they have rendered on this occaaaion, and particularly to the Government of Victoria, which promptly despatched to my assistance its fine armed steamer. Having been compelled reluctantly, and with much regret, to uphold her Majesty's supremacy by force of arms, and believing that the future welfare of the Native Race, not less than that of Her Majesty's other subjects in New Zealand, depends on tho resolute maintenance of her authority, I confidently rely on your loyal and cordial support to aid me in carrying into effect euch measures as circumstances may require. It is satisfactory to know that only a small portion of the native population has taken any part in tho insurrection. A dangerous sympathy with the insurgents has however been displayed by the Waikato tribes. These tribes have been for some years past the centre of the agitation for the establishment of an independent Maori State under a Native Sovereign, and it is in furtherance of this project that aid from Waikato has been afforded to the insurgents. To check the growth of plans fraught with so much peril to both race 3, and to remove doubt 3 which extensively prevail amongst the natives as to the ultimate objects of the British Government, I have invited a considerable number of the influential chiefs from all parts of the colony to meet and confer with me in Auckland. My invitation has been responded to by a large number of leading chiefs, comprising members of almost every tribe of New Zealand. They are now assembled in the neighbourhood of Auckland, and from the results which have already attended the meeting I feel justified in expecting that it will remove much misconception, — will confirm the loyal and reassure the doubting, — -and will prepare the way for measures to establish the relations of the Government with tho aborigines on a solid and satisfactory basis. I have directed that papers relating to all the matters to which I have alluded shall be laid before you Gentlemen of the House of Representatives, — The Estimates for the ensuing year will be submitted to you on an early day. They will be framed with a due attendance to economy, and a careful regard to the exigencies of the public service. Gentlemen of the Legislative Council, and Gentemen of the Tl-tuse of Representatives, — I have to congratulate you on the continued increase of Population, Exports and Revenue of the Colony — in increase which, during the past year has been unusually rapid. In anticipation of the approaching expiry of the term of duration of the present House of Representatives, you will be invited to consider a measure for increasing the number of the Mjmbers of the Hjuse, and for re-distributing the Representation so as fairly to aJju-st it to tho altered state of the Colony. Under existing circumstances your attention will doubtless be principly direct jd to subjects connected with the Native Insurrection. Measures on various matters of importance have, however, been prepared, and will be submitted for your consideration — comprising a Bill to facilitate the Transfer of Real Property, by the establishment of a Land Registry ; a Bill to regulate Joint Stock Companies ; with other measures for the amendment of various branches of the Law. It only remains that I should express my earnest hope that, in the circumstances under which you are assembled, your deliberations may be guided by the spirit of wisdom, and may contribute to the enduring welfare of the people of this Colony." The reply, which was equally barren, being as such replies generally are, a mere echo of the speech, produced a slight debate in the Legislative Council before passing ; but in the House of Representatives no debate at all took place. It was simply moved and seconded by common place supporters of the Government, and while the House was waiting for the ministerial statement which had been promised should be afforded, the reply was put and carried nsm con. "The Government having shirked the explanation, „.pone of the members were willing to discuss the subject of the war without authentic information to speak upon. Ministers were obliged to admit that this result amounted to a nulliu, and was the same in effect as if there had been no address and na reply. The Government was now vehemently called on from all sides of the House, to enunciate its policy, particularly in relation to native affairs ; but it either had no policy or was afraid to disclose it; for it remained obstinately dumb. The House got very angry — very determined — and at last after some three days' fencing with the questio", Mr. Richmond, the Minister for Native Affairs, announced his intenttoa of enlightening the House by five discussions to be taken on five several measures. His object in this was evident enough — to take the discussions in such manner as might prevent decisive motions being grounded upon them, and leaving the Government an apparent victory, or at least a drawn battle, if the house should be agaiust it on the subject discussed. THE NATIVE OFFENDERS' BILL. On the 3rd August, the Natire Minister moved for leave to bring in a " Bill to enable the Governor in certain cases to prevent dealings and communications with Aboriginal Natives offending against the Law," and in doing so proceeded to discuss the purchase of the VVai tara land from E. Teira. The debate lasted two days, the principal speakers on the other side were Mr. Forsaith and Dr. Featherson who enumerated such circumstances as had come to their knowledge with a view to prove that Kingi having asserted a right to the land, it came within the catalogue of" disputed lands " which the Governor had publicly told the natives at Taranaki, he would never consent to buy. The debate ended iv no motion, except that the Bill be read a first time ; but as the questions involved in the war had nothing io do with the Bill, no devision took place, and no result-followed except so far as it ventilated the purchase from Teira and enlightened the public mind. The policy of the Native Offenders' Bill is to be explained on the motion for its second reading. Iv the course of this debate, Mr. Forsaith read some letters from Kingi to Archdeacon Hadfield, written before the j war commenced, which were not perhaps of any importance in themselves, but the Arcndea. con was very severely censured by the Government for withholding them from his Excellency. The Archdeacon, in a letter to the Southern Cross sufficiently explains, aud not only clears

himself from the imputations cast upon him, but instances a pledge given to him, by the Governor, that has an important bearing at the present moment. With regard to the two first of the tliree letters from Kingi, he states that they were received (as the dates show) long before he promised to keep Hi* Excellency supplied with any information with which he might become acquainted With regard to the third letter, when he received it (lute in December) the Governor w>s visiting: Cauterbury and Otago, and expected in Wellington shortly ; either on his wiy up from the South or prior to the meeting 1 of the Gener.il Assembly then intended to beheld herein March. Independently of this, however, his Excellency had personally assured hi.v in the previous May, that he was fully determined not to purchase lands about the title to which there was a dis- J pute, and to resist any attempts his responsible advisers might make to induce him to do so. . Believing that his Excellency meant what he ' said, the Archdeacon did not consider this letter of any importance — it was important only if forcible possession was intended to be taken of the Waitara ; hut as his Excellency had given his pledge that he did not indend to do anything of the sort, Mr. Hadfield considered it to contain, as was indeed the case, no information of any value to the Government. ENQUIRY INTO THE CIRCUMSTANCES ATTENDING THE ORIGIN OF THE WAR. At the opening 1 of the Session, Ministers ex* pressed themselves perfectly indifferent relative to an enquiry into the origin of the war — so indifferent that they would abstain from voting when the motion came before the House. The i telling facts subsequently brought forward by the various speakers had, however, so shaken the confience assumed by Ministers, that when the division took place the enquiry was only negatived by the votes of Ministers themselves. We are not in a position to affirm that the fullest enquiry would show the war to be unjust. Such an assumption is so opposed to all our preconceived opinions, that we cannot arrive at it except upon the most conclusive evidence. At the same time we are prepared to admit that we have as yet almost entirely had only an exparte statement before us. The Governor's statement has been extensively promulgated ; but not that on the other side. If Ministers are conscious of the strength of their case they should show themselves willing to have it sifted. They did profess their willingness at the outset to have it thoroughly sifted, and that profession tended very much to con firm the faith of the public in the justness of the war. The unwillingness they now evince tends to create doubts. The ficts already adduced certainly gOjto prove that there might have been greater caution used before the Colony was plunged into war, and that while the Governor and Ministry might, aud iv all probability would come out of the enquiry without the great features which led to the war being controverted, yet they might and very probably would have to bear the responsibility of not having used all the means reasonably I within their power, to prevent the commencement of a straggle which seems to be widening veery day. On the 7th August* Mr. Carleton proposed that a Committee of enquiry (consisting of Messrs. Richmond, Weld, Haultain, Fitzgerald, Mom 9, Brown, Bell, Featherston and Fitzheri bert) should be appointed, and conceiving that the Government ought to take part in the proceedings, invited one of the Ministry to second the motion. This they refused to do, adhering to their original intention not toiuterfere. Next day, however, Mr. Stafford requested Mr. Carleton to withdraw his motion, and substi tute the examination of Archdeacon Hadfield and Mr McLean instead. This Mr. Carleton refused to do, not. considering it conclusive. Both Archdeacon Hadfield and Mr. McLean could only give secondary evidence, and he wished many persons, especially Mr. Panis,. to be examined. Several amendments Were afterwards moved, the Government voting against Mr. Carleton's motion, at the same time offering a paltry explanation to Mr. Carleton, a mere play upon words, which that gentleman declined to accept* The first amendment was moved by Mr. Forsaith — that the Committee be chosen by ballot. This was negatived without a division. The second amendment was moved by Mr. Fitzgerald — that it was expedient to institute an enquiry aud that an examination of persons then in Auckland should take place before a Committee of the .whole House. This Was negatived by 18 to 15 ; the majority consisting of Messrs. Richmond, Weld, and Stafford. Thus the enquiry was refused solely by the votes of Ministers themselves. The original question was then put, but in consequence of the conduct of the Government in violating the pledge they had given in the debate on the Native Offenders Bill, not to vote on the question of enquiry, and again when Mr. Carleton asked one of them to second his motion, Mr. Carleton, Dr. Featherston, and Mr. Forsaith, refused to take part in the division. The m nion was negatived by 19 to M. Messrs. Richmond, Weld and Stafford were thus again the means of burking enquiry, as the 19 would, had the Ministers adhered to their pledge of refusing to vote, hare been reduced to 16; and the 14, by the votes of Messrs. Carleton, Featberston, and Forsaitb, raised to 17. Mr. Sewell now made a motion to the effect that the examination should be confined to Archdeacon Hadfield and Mr. McLean — tliat, as one of the speakers expressed it, the house should form a ring aud let these two fight it out. The motion was carried by 18 to 12. This motion for the examination of two secondary witnesses (one of whom knows nothing personally of the transaction connected with the purchase, and the other having been on the opposite side of the Island ill, while the examinations of title were going on) is a mere sham, and can never satisfy any person who wishes to arrive at the truth. The examination has taken place but the reports j have not yet reached us. MR. SE WELL'S NEGOTIATION FOR THE LOAN. On the Bth August, Mr Sewell moved for the production of ull the papers relative to his evidence before the Select Committee of the House of Coramoas in the nutter of the half million loan. Sir C. CliffjrJ, Mr. Fitzherbert, Mr. Fox and Dr. Feaiherstou disclaimed having intended to impute to Mr. Sowed wilful misrepresentation, expressed their regret that their protest should have been so understood, and one and all admitted that the misunderstanding had probably arisen from thoir and Mr. Sewell having regarded the celebrated financial resolu* tions of 185(>, from different points of view. The members of whom Mr. Sewell complained j still retaiued their own interpretation, in which j they were supporlecf by M.r. Dillon Bell; that remained a matter of opinion. But they unreservedly absolved Mr. Sewell from any intention to mislead. Mr. Stafford also stated that he was fully satisfied that Mr. Sewell had pot wilfully misled the House of Commons. Finally-— the House of Representative, on

motion of Mr. Dillon Bell, seconded by Dt Featherston, adopted the following rc< »»•*♦*«»- 1 - — . That this House having heard the sx •.lt.uitlom afforded by the hon. member for CJirUtchu c ! i (Mr. Sewell), and the hon. member for Wangamri (Mr. Fox), on the subject of the evMe.ice given by Mr. Sewell before a Committee of" the H-uisa of Commons in 1857, on the subject of f,!i.j N\:w Zealand Loan of £500,000, desires fr> express its opinion that tho hon. member Mr. S.^vsll stands wholly cleared from any iin mutation o i h!.4 character, in relation to that evidence ; acd it 4 gratification at the manner in which certaii c :pre*iion*, contained in a letter from the hon. i».';mhei> for Wanganui and other hon. members or" thi« House to the Secretary of State, calculate to convey such an imputation, have been withdrawn. Mr. Sewell expressed the very gratification, that bad been afforded him by the very frank manner in which Dt. Featbeiston and the other Wellington members had so freely retracted an imputation, which he did not deny bad I caused him great pain. It of course still remained a question of difference of opinion as to the strict rendering of those financial resolutions ; his friends (as he hoped he might again call them) thought he was mistaken — he thought they were mistaken — and of course each was entitled to his own opinion (hear, hear). He (Mr. S.) would now supply an omission into which he bad inadvertantly fallen— that of forgetting to thank the House for its very handsome vote of thanks to him for his services, passed in a former session. He now begged to return his sincere acknowledgments for that vote. A motion was subsequently triads forwarding copy of the above resolution to the Secretary of State. RIVAL NATIVE POLICIES. Considerable discussion has taken pace on the policy to be pursued towards the natives in the [ature, and rival series of reso'ulums have been suhmitted to the House of Representatives by the Native Minister and Mr. Sewall. Several of the resolutions proposed by Ministers have been negatived or abondoned, and the further consideration of the whole has been postponed for a fortnight, in order to afford time for the receipt of important despatches bearing on the native question from borne — forwarded by the last mail, but sent to Wellington in the expectation of meeting the Governor and General Assembly there. THE "NEWT ZEALAND GOVERNMENT LAND BILL. 5 * On the 7th August, his Excellency sent down the following message : — Thomas Gorr Bbowne, Message No. 1» Governor. On the receipt of Lord Carnarvon's despatch* dated 18th May, 1859, declining to recommend her Majesty to assent to the Native Territorial Rights Bill of 1858, the Governor felt it to be hia duty to submit his views to the Secretary of State for the Colonies, in reference to the future management of Native affairs, and more particularly to that part of which relates to the acquisition of land. No reply hag yet been received. Being, however, unwilling to withhold from the , Assembly any information it is in his power to afford, the Governor transmits abatract of hia despatch, giving in detail the recommendations and suggestions contained in it. Government House, Auckland, 7th August, 1860. The " future management " alluded to, a* having been recommended for the consideration of the Secretary of State, and believed, to have been embodied in the " New Zealand Government Land Bill," now before the British Parliament, will be gathered from the following: — Abstract of a Despatch to the Secretary of State from Governor Gore Browne, dated 20th September, 1859. Recommended that in Native affairs the Governor should be advised by a permanent Council appointed by the Crown. That the Council should consist of seven members : two (if approved) to be recommended by tho Responsible Ministers ; that the remainder (three of whom should be paid) should be recommended Iby the Governor. That the relations of the Governor to this Council should ba identical with those conveyed in the Royal Instructions of 1855, preserving his entire responsibility. Acting in accordance with this Council, the Governor should prepare regulations subject to confirmation by Her Majesty's Government ; and liable to alteration from time to time. Suggestions for the basis of the Regulations are as follows : — I. That in the settlement of Waste Lands, over which Native Title has not been extinguished, the real interests of the Aboriginal ownera should, be mattei for primary consideration. 11. That such a portion of their own land as ia necessary for their use and support should be secured to them and made inalienable under Crown title. 111. That ample reserves Bhould be made ia each district for education and other purposes, exclusively for the use of" the Maori race. IV*. That (the provisions of the tw.> preceding sections having been first secured) in districts chiefly occupied by Europeans, well ascertained Native title to land, limited in extent by fixed rules, should be clothed with a Crown title, and be alienated in the usual manner. V. That in districts specially proclaimed for the purpose, the Governor should be enabled to accept land, and cause it to be sold by auction for tha benefit of the Aboriginal owners. VI. That the Governor in Council should be empowered to borrow money for the foregoing purposes, and for the laying out and preparing settlements; the same to be a lien upDn the land acquired from the Natives; that these objects should be secured in such a manner that no pressure on the local Government should prevent their being attained and maintained. In addition to the abore broad outline, the despatch goes on to suggest that different systems Will be required in different parts of the Island. In the Southern part, where certain portions of the Island are thickly spotted with Europaans, tha following recommendations are made — Ist. To secure to individuals of the Native race Crown title a sufficient extent of land, and to render it inalienable except by the consent of the in Council, and, where such a course appeira necessary to clothe well ascertained Native title with a Crown title which shall be alienable iv tha usual manner. 2nd. To set apart general reserves for r Aigion, education, and public purposes. 3rd. To provide for the settlement of disputes arising from the devolution of intestate estates on descendants or collateral heirs. 1 These provisions having been secured, — whenever a European indicates a portion of land which ! the Natives are willing to sell to him, the Governor should at his instanco endeavour to extinguish the Native title on the following conditions : — that all land so acquired shall be sold by public auction at an upset price to be fixed by the Governor, at not less than five shillings per acre, plus the cost of survey; the purchaser to pay 10 percent, to cue Government on receiving a Crown Grant. In the middle part of the Island the settlement of Europeans not to be permitted in isilafce.l spots A until a block of land has beaa acquire 1 sufficient in extent for a plantation strong enough to support itself. That when the Maorias choose to disp-.isa or their lands to tho Crown, provision s'»ouM hi m.adj for them upon a regular system:— viz., th.it after survey a fixed portion Bay two-tenths of the la id should be set apart and re-conveyed to tia owners under Crown Grant. That jvie-bentii shoullbo retained -as a reserve for pu -lie parposes.

That when a sufficient extent of land suitable for the purpose has been acquired and all conditions fulfilled, it should be transferred to the local Government for settlement in the usual manner as at present. The receipts arising from the sale of these lands to be appropriated : first towards defraying all expenses incident to the acquisition ef the land ; and the remainder to be divided into fixed portions, one of which to be applied for the use of schools and other matters affecting the moral and social improvement of the Maori race in the locality from which it is derived. WANT OF CONFIDENCE IN MINISTERS. In consequence of the passing of the reply to the address without a division, ministers introduced a motion affirming that the course pur sued by the Governor at Taranaki was in accordance with the Treaty of Waitangi, and that he should be supported in the vigorous prosecution of the war. This wa3 in fact a vote of confidence, but in consequence of the strong feeling tbat was pmately manifested egainst it, the ministry tb ought it more prudent not to say anything about the Tieaty of Waitangi, and substituted the following — "That in the opinion of this House, the interference of Wiremu Kingi at Waitara, and his resort to force to prevent the survey of land there, rendered the measures adopted by his Excellency the Governor indispensable for the maintenance of Her Majesty's sovereignty ; and that the welfare of both races of Her Majesty's subjects peremptorily requires a vigorous prosecution of the war to a successful termination." In introducing this rekolu ion on the !6th August, the Colonial Secretary made the following observations — The resolution which I am about to move merely re-affirms the opinions expressed in the address in reply to His Excellency's Speech in opening this sefs'on ; and it would have been superfluous and unnecessary, under other circumstances, to have brought the subject again before the House, had it not been for tlie very sudden and unexpected manner in which the debate on the address hal been concluded. It had, however, occurred more than once since the address had been carried, that some hon. members had declared that they did not conceive themselves to be bound by its terms, though it had been carried without a dissentient voice, because no debate on it had taken place. Sir, it appears to me to be both necessary and proper that on Biich an important question the members of this House should have an opportunity of expressing their opinions ■unmistakeably. It is due to the Government, and it is clue to the country, that the representatives of the people of the colony, should declare their opinions as to the justice mid necessity of the course taken by the Government. As the dfhate proceeded tie Government prospects by no means brighiened, and at last the ministerial bench was obliged to tlrealen resignation if defeated. This saved them from actual though not virtual defeat, for out of the 39 members about the house in the coarse of the debate, the mosi tliey could muster after a diligent whip was 19. There were two divisions on amendments ; the first 19 to 4, the second 16 t» 2 — the Government refusing to divide the motion into two separate propositions, the one relative to the Governor's having taken up arms beiiig " inilispensiiblr," and the other relative to tbe prosecution of the war. Thus, though the ministiy carried their motion by means of their threat of resignation, it was by a majority of less than half the 'vliole House, and in a House of scarcely more than a bare qaoru:n. This result was no triumph to them. WELLINGTON PROVINCIAL COUNCIL. The Council met pursuant to adjournment on the2lst August, and ag-aiu adjourned foi a couple of months.