PROVINCIAL COUNCIL.

Wellington Independent, Volume XVI, Issue 1589, 7 June 1861, Page 3

PROVINCIAL COUNCIL.

SPEECH OF HIS HONOR THE SUPERINTENDENT OP WEL-

LINGTON DELIVERED ON THE OPENING OF THE FIRST SESSION OF THE THIRD PROVINCIAL COUNCIL.

Mr. Speakeb and Gentlemen of the Provincial Council,— l open this, the first Session of the third Provincial Council, with Feelings of more than orcUuary satisfaction, inasmuch as I am this day enabled to denude myself of the unconstitutional power which I have exercised for a period of more than three

years. Though I am anxious, equally,! trust, with every member of this Council, not to renewpast discussions— not to utter v single word that cun by any possibility tend to revive past dissensions,— still, after this plaiu and frank avowal, I must submit, not so much in justification of the position I have thus occupied, as in vindication of our Constitution, that the resignation of my office, as soon as it was made manifest that the principles held by the majority of the late Council were diametrically opposed to those, to carry out which I bad just previously been for the second time elected Superintendent,— my application to the Governor, when after my re-election I found that the antagonism existed as strongly as ever, to dissolve the Council— aud finally the offer I repeatedly made, that if the whole Council resigned, I would, in the event of a ma' jority being again returned adverse to my policy, absolutely and unconditionally retire from my office,— sufficiently testify to the extreme reluctance with which I have wielded unconstitutional power, and to my having used every effort to bring the conflict to a speedy termination.

I must further submit that tbe requisition calling upon me again to come forward, which was presented a few days after my resignation, my re-election for the third time by an overwhelming majority, the zeal, readiness, and euthusinsm with which my fellow-settlers availed themselves of every opportunity, whether offered by a vacancy in the Provincial Council, or in the General Assembly, to strengthen my hands— to endorse my policy, and to encourage me in the course I was pursuing,— the Petition signed by a majority of the electors in each electoral district praying His Excellency the Governor to apply the remedy provided by the Constitution— these, aud other facts, afford abundant proof that the electors also exhausted all the constitutional means in their power to brin" the dead-lock to a close. Upon whom then does the responsibility of this collision rest ?

It cannot surely be attributed to any inherent defect in tbe Constitution itself, for the very instant the remedy indicated by it is applied, tbe Deadlock disappears, peace and harmony >ive restored, public couftdence revives, and the whole machine of Government runs smoothly and in perfect order. This fact is of itself sufficient to fix the responsibility ; for it proves that this unhappy conflict might at any time during the last three years have been terminated, had the Governor acceded to tbo applications made by myself and the electors, and granted a dissolution,— had be fulfilled the duty imposed upon him by the Constitution Act. Unfortunately,. in this, as in othev instances, His Excellency instead of exercising on his own responsibility, the Constitutional power which has been vested, in him, for th» express purpose, amongst others, of preventing and removing such collisions, has allowed himself lo be guided by the advice of Ministers, not merely actuated by party feelings and political ammusities,itiut who have ever manifested an eager desire to foment and perpetuate dissensions in the Provinces, in the hope and with the view of being thereby enabled tbe more easily and completely to carry out that centralizing policy, the main object of which is to sap and undermine, anJ ultimately by throwing discredit upon them and bringing them into contempt, to destroy our Provincial Institutions.

Under no Constitution that has ever yet been -~ framed, could Government belongcarriedon, 0r ,./ ; , even exist, if the same course was pursued tha£ .,, has been followed by his Excellency, in the;; v ; present case — or in other words, if the supreme , power iii the state refuse #o exercise ttie ;• .; power which it ever possesses of preventing, and at once removing those disputes, differences, „n and collisions, which in every conntry must, „' both between the Executive and the Legisla- ;, r . tare— and between the different brauches of ][•■ the Legislature, inevitably every now ami . "' then occur. There is for iustauce, not one. now r-; present, who will not readily call to mind ..'_. what grave disasters have been more thaa'once ,;,... averted, when collisions have taken place .'. between the House of Commons and the House r of Lords, by the exercise, by the Crown, of the „ t Constitutional power it possesses » of dissolving the one and adding to the numbers of the . ./ other. . ...

I must again repeat^ that His Excellency the > Governor, by witholding the remedy provided.,,,, by the Constitution, is alone responsible for the . conflict, for all its consequences — and for &U ; ,., if the damage it has inflicted upon this Province. ir ... I cannot dismiss this topic without congratulat- . ; .^

»ij.:<

ing tb rough you, my fellow Settlers, upon the.no- . ble and triumphant manner in which they have t vindicated our Constitution. — Th«y have, by thus „.,,« demonstrating that if it is honestly carried ouji/.i no conflict need long exist — in all probability [ v ,/ f prevented any future Governor attempting are-;; " petition of the cruel experiment that has been ; „r practised upon this Province., '' It is satisfactory to be able. to vepo.rt tbVc6ni i: , );> tinuance of friendly relations between theGoioi.y,., nists and Natives of this Province. That such. „,; relations have been maintained during the pa^t., eventful year, is owing, under Providence,^ih ; a great degree to the mutual confidence, ; ■,' which twenty years of friendly intercourse haye, ,- established, but still more to the part*whieh „ your Representatives took in the last Sissioß "^ of the General Assembly, iv insisting pf^fbat V investigation into the title to the dispute'^ land, ,, which now, after repeated refusals to grant it, ..", and after virtual military defeat, . the •Go-^e^. vernor has himself proffered iv thef terms^.. of peace proposed by him to the insur-^^P gents. The conduct of your Representatives t^ on that occasion, removed from the minds of ! the Natives suspicious of the intentions of the „',' Colonists towards them, allayed the alarm and .','.'!' irritation which the nnjust seizure of the Wair ,",-',j tara land had provoked, aDd was, I do firmly. * believe, the means of averting from this Pro*-, vince, calamities greater than that which has well nigh blotted out its unfortunate neighbour. '\ from the map of New Zealand. . " . . gy To the General Government of New Zealand , '

we have certainly been in no way indebted for security. Left almost absolutely without h}ili« tary protection, and without the arms necessary for self defence, we should have been in a. pdsi- .'•. tion truly disastrous had the insurrection spread ./ to this Province—as at the commencement there . was every probability that it would; And at ' , present, I regret to say, that our position: is "• little better. Two small military detachments, „ in different parts of the Province, are all the^V protection we have. While arms have been sejit to Otago, to Canterbury and to Nelson, our pen ", '.'. pulation, even on the very frontier remains uri^ '[ provided with them ; and not a single armed vessel floats within 300 miles of of our haibour. 1 The energy of the General G overmnent seems '• to be absorbed, in concentrating around Gorern- ''\ ment House at Auckland, the whole of those /' armaments which her Majesty's Government has' ""' provided for the defence of the Colony. ' It is the more incumbent upon me to urge * upon the inhabitants of this Province, European ■'. and Native, to avoid all causes of irritation, and .';'' those foolish panics tvhich sometimes alarm t'thk 1 -' •' public mind, and to promote by every means in their power those friendly feeHngs, which 'from'"* the first day we set foot on these shores Have '.' animated the large majority. of either race.

To the continuance of such feelings, we may look much mote confidently for the aversion of a calamity, which would be equally ruinous to both races, thau to any assistance iv the way of military aid, likely to be rendered us by that. Government, which during the critical events of the past year has treated the interests of this Province with supreme indifference and neglect.

Under ordinary circumstances, it would have ■ been my duty, as on former occasions, to hare '■ laid before you a full statement of the present position and future prospects of the Province, and to hare submitted to your consideration all the measures I deemed necessary to promote its progress; but as a considerable number of your members must in a few days leave for ■ * Auckland to attend the General Assembly, and as I undeistand that it is neither your desire nor intention to remain in Session after their departure, I feel that I shall best consult your wishes and convenience, by simply placing > >; before you our Financial position, by asking :£ you to make provision for the resumption of }' J public works, and by submitting only those ' Bills which are of pressing urgency. '■' ■ This course will probably appear to more . readily commend itself, when it is remembered '■'■' that in my last address, (which circumstances ' prevented being taken into consideration), I ' entered so fully iu to those questions of policy, , : which had long agitated the public mind, that; it would be difficult for me to enlarge upon them. ; . : ' :

The shortness of the present Session is also the less to be regretted^ seeing that there is 1 - ■ every prospect that the relations between- the ! General aud Provincial Governments will,dtmhg the eusuing Session of the General Assembly, ' be more accurately defined, and placed upon : altogether a more satisfactory footing, and out .'; financial position ascertained and determiued, so' that you will, when we again meet, be enabled to enter upon the task of legislation under far moie. * favourable circumstauces than you at present could. . ' ■

The only measures, then, which in addition ' to the Estimates and the Appropriation Bill^'l" I propose briugiug before you, are a Bill of luV demriity for past Expenditure, and Bills autho- ! rising the tfaie of the Reclaimed Laridjtfte. / ' Building of a Deep Water Wharf, and the ' erection of a Toll-Gate at Kai-warra, aud a Bill ;i ; empowering me to raise the amount required for , ? the Wharf by the issue of Debentures, : charged ' ''■' able upon the dues. ■ : • ; V With respect to the Indemnity— while no one ! : deprecates more earnestly than I do the experi-" ' diiure by a Government of public monies with- - out the sanction of law, still it-would, I imagine; v ■ be difficult for any one to point out any other ;• course that I could, with a due regard to public v ' , interests, in the peculiar position I was placed, ;; * have possibly pursued. It is true that I might ; ; ' * have refused my warrant for the issue of a'siri^ a ~ gle farthing from the public chestH-but to sajr vU ; nothing ot the utter ruin such a proceeding -^ ; would have entailed upon a large portion of tlia M; r \ community, of the state of anarchy and. coofd-*;^; sion in which it would have involved the whpte^ "?i Province, of the destruction of its jcredit'*f(ir^":: years to come, it must be evident ; to a]ilv^liajtfell insteail of solving our difiip r uUies, : it^ J cci^l^ :? 6]s||jr;4^^ have had the effect of increasing j^iSiß^ia>OT^|| tendering our dissensions imorejbiitef^m6re^||?t|

ceive no possible circumstance under which I would have been justified in having recourse to such an extreme and dangerous expedient, as long as the Governor refused to apply the allsufficient remedy provided by the Constitution. You will probably remember, that the late Council did pass a Bill of Indemnity for all the expenditure up to the 31st August, 1859, with the exception of a very trifling amount. To that Bill I withheld my assent, partly be. cause it was presented to me some das s after the Council had adjourned for three months, thereby preventing me from suggesting any amendments, partly because it professed to indemnify me both for a large expenditure legalised by previous acts, and also for sums expended during the period I was out of office. In order that you may have the fullest possible information to enable you to decide whether any portion of the expenditure was either not for the public service, or unwise and unnecessaryi I have had statements prepared shewing tbe whole of the expenditure in detail for the years 1858-59-60, and distinguishing the authorised from the unauthorised. From this you will learn that of the £171,000 expended during this period, £93,767 was authorised, and £78,090 without thesanction of law. These statements, together with the Public Accounts audited up to the 31st March, will at once be laid before you/ After the very decided expression of public opinion in favour of selling the reclaimed laud, I can have no hesitation i» again asking your consent to a Bill confirming the validity of the sales already made, and authorising the Superintendent to sell the remaining poitiou, and such other portious as are either now in process of being, or may hereafter be reclaimed. The extent to which this reclaiming is to be carried is a question to which I would invite your early attention. Believing that in the present state of our finances and with our future prospects there will be no necessity for forciug sales— that the property thus created will ever yield a large profit — that the cost of reclamation will be diminished in proportion to the scale on which it is conducted, and especially looking, both to the means such a work affords of giving employment to those who stand in need of it, and to the benefits conferred upon this town by such an expenditure, I. cannot help recommending that the reclaiming should be continued in its present line to tbe Kumutoto stream. . With regard lo the Deep Water Wharf, the only difference of opinion I apprehend that will arise will be in regard to its site. By placing it midway between Noah's Ark and Kumutoto you undoubtedly gain two advantages — you increase the facility with which vessels could both approach to it and get under weigh when leaving the port — and you confer an increased value on a much larger portion of the reclaimed land than would be the case were the wharf nearer to Noah's Ark — but then, on the other hand, you either cause a very considerable delay in erecting tbe wharf, or you make its cost much greater than it would be, if it was carried out from the land in process ot reclamation. Should you decide upon the latter site, there is no reason why, as soon as ever the plans and specifications are piepaved, tenders should not be called for, for though as Ihave already stated, it is proposed to provide for its building by meaus of a loan, its cost in the first instance may be defrayed out of the Provincial revenue without at all interfering with the provision required for other public works. Its cost is estimated at from £10,000 to .£ls,ooo— and the wharf dues are expected to amouut to about £2000 a year, a sum amply sufficient to pay the interest and furnish a sinking fund for the extinction of the

principal. In addition to these measures there is one proposal, to your decision. upon which the Settlers in the Country are looking with great anxiety. Dismembered as this Province has been by the separation of Hawkes' Bay, it is no longer necessary that we should continue the Great North Eastern Trunk Line, as we originally intended through the TOjVlile Bush ; neither, as the North Western road has been rendered sufficiently available forall purposes of present traffic, need we expend any considerable sum on it. But on the other hand creepingas settlers gradually areinto almost every part of the Province, the cry for district roads is every day becoming more and moie urgent ; but unfortunately the expense of con* struction is in most cases, even with the grant in aid, a burden to which the Settlers are wholly unequal, however ready they may be to tax themselves. Instead therefore of Government only contributing an equivalent, I propose

it should give double the amount raised for the construction of roads by the Settlers of any district, whether raised by rates or voluntary subscriptions, and that if sanctioned by yon, this regulation should take effect from the commencement of the present year. As the object of this proposal is to promote the construction of roads, in the districts where there is a sparse population, it is not intended to apply to towns — nor in any case to the repairs of Koads ; but in these cases to limit the grant as hitherto to an equivalent — though it is to my mind questionable, whether when the roads are constructed they should not be kept in repair solely by rates raised in the district. *

The Bill for establishing a Toll Gate does not seem to call for any special remarks. Taxation, more especially when direct, is seldom a popular proposal, but having regard to the increasing demands upon the revenue, and to the fact that those whose property abuts on the trunk lines, aad who are thus chiefly benefhted, escape all direct taxation, it does appear only reasonable, that we should relieve the revenue from some portion of this heavy outlay, and throw it in some measure on all those, who use the trunk roads.

Before giving the details of the expenditure proposed for the current year, I would wish briefly, refer to some of the works for which votes are a^ked. It must be admitted that the Bridges hitherto erected — whether owing to their faulty construction — or to the impossibility of wooden structures resisting the forces to which in this Colony they are exposed, there are few of the Bridges we have erected, which have stood more than three or four years. Their rebuilding has thus proved a sad drain upon our resources, and yet they are in many cases so absolutely essential not only to traffic, but for the protection of life, that it matters not how often they are destroyed, means must be found for replacing them The Bridge over the Wangaehu is a case in point; it has been twice destroyed, and though the last time by a cause which may never again occur — one- half having been swept away by a huge avalanche o( snow and ice, it is moie than doubtful whether any Bridge we can possibly erect oier it will stand mauy years; — still, dangerous as the river is at all times ; in. floods, from the force and rapidity of the current and the masses of floating timber — wien it is fordable, from its boggy 'and quick sandy bed ;unless we determine to stop the traffic between the shipping port of Wanganui and the important districts of Turakina and Rangitiki, the Bridge must be rebuilt without any unnecessatydelay. Another argument that may beurged is, that until the Bridge over the Wangaehu is rebuilt, the timber prepared at Rangitiki for the Wanganui Bridge cannot possibly be conveyed

to its destination. With regard to the latter, I am happy (o inform you that the disputes between the Contractor and the Government, have been amicably arranged. The Contractor has boon permitted to give up his contract, the Government taking all the timber at its cost price, and reimbursing the amount already expended for labour — but amongst other* difficulties to be overcome, before this great work can be resumed — there is the ever recurring- one of money. Instead of £5000, the bridge will cost at least £7000, if not £8000. My proposal is that you should add anothei £1000 to the £5000 already voted, and that the deficiency should be met by the sale of the reserve, on the left bank of the river, immediately opposite the town ; the sale however of this reserve, while strenuously urged by the settlers resident between the left bank of the Wanganui and th c Ran gitiki river, is strongly objected to by a considerable number of the inhabitants of tue town of Wanganui ; but I %m not without hope that in the event of your agreeing to make up whatever sum may be required over and above the proceeds accruing from the sale of the reserve, the opposition to it will be readily withdrawn.

In compliance with requests urged in various memorials, and which are in themselves so just and reasonable, that want of funds could alone justify our not acceeding to them, it is proposed to build an additional bridge over the Tutaenui in the Rangitiki— Bridges over the two streams in the Horokiwi Valley— to replace one at Pahautanui, in such a state of decay, as to be unsafe for drays— also to erect bridges over the Silver Stream in the Upper Hutt— the Pa karatahi river— and lastly over the Taueru and Koumingi, two rivers between Masterton and Castle Point, a district which, while it has contributed largely to the tenitorial revenue, has as yet had little or nothing expended on improving its communications. The benelits cuuf erred, not only upon this port but upon the whole province by the steamer Wonga Wonga, have been so fully recognized by preceding Councils, that 1 feel assured I have merely forstalled your wishes in completing an arrangement with the Steam Navagation Company, under which, upon my paying them a sum of £500 in satisfaction of all claims for alleged arrears of subsidy to the Wonga Wonga, they engaged to purchase an additional boat— the Storm Bird, and have agreed on your granting an annual subsidy of £1000 to run the two boats between this and such other ports as they may deem advisable— it being, however v condition that one of the steamers shall always be in readiness to start for Wanganui immediately on the arrival of the English mail. The understanding is that wliile the subsidy is to be paid • irrespective of any profits the Company may make, no further claim, in the event of losses, is to be made on the Province. There seems every probability that by affording the Company this verj moderate subsidy you will enable them to increase the number of their vessels so as to maintain a constant communication between this and all the other Provinces.

Several applications having recently been made to me from other Provinces to admit patients into the Lunatic Asylum at Karovi, which I have been unable to acceede to, owing to the accommodation being barely sufficient for our own unfortunates, J shall ask you to sanction the building of an additional wing. I do so the more readily, because, while I am able to bear testimony to the very efficient man. ner in which, under its present officers, the institution is conducted, the expenses of the establishment would be materially diminished by payment for patients sent from other Provinces. "Leaving all other items of expenditure to be explained by members of the Government, I proceed simply to specify the various votes proposed. Taking the ordinary expense of the Government at £14,000— the interest on Loans, General and Provincial, at £10,400— the expense of the Survey and Eugeneer's Departments, £3779. I have placed orf the Estimates for the VVanganui bridge, £5000, (being an addition of £1000 to the previous vote)- for the Wangaehu, £1000, —for the Horokiwi and Pahautanui, £200— for the Pakuratibi, £600- for the Hutt and Silver Stream bridges, £200— for the Taueru,£3so— for the Koumingi, £250. The sums proposed for roads, are for repairs of the North Eastern and North Western, £2600— repairs of Ngahuranga, £300— of Gorges, Upper Hutt, £200— for construction of road between Featherston and Masterton, £1500; Masterton to Castle Point, £500 ; Beach Road, Wellington, £100 ; Belmout Road, £200 ; Wai-nui-o-mata, £200 ; widening Remutaka, £500; bridle track to Mungaroa valley, £150; Pahautanui, £170; Raugitikei to Wanganui, £600 ; Rangitikei to Turakina, £300 , Cliffßoad, Wanganui, £150; Road up No. 3 line, Wanganui, £500 ; for giants in aid, £3000 ; for reclaiming land, £10,000; for Wharf, £15.000; for piling llivev Bank, Wanganui, £300 ; for additions to Lunatic Asylum, £400 ; forTollgate & House at Kaiwarra£3so; for Powder Magazine, Lock-up, sundry other Buildings, repairs, &c , £1000; For Steam Subsidy £1250,— Education £600 f for Ferries, Explorations and other undertakings £500. Without specifying smaller appropriations I may state that the proposed expenditure on Public Works Is in round numbers, on Bridges £7800— on Roads £12000— on Buildings, Wharf and reclaiming Land £28000 — on Surveys, Steam, &c, £5300 — making a total expenditure on Public Works and Undertakings of £53,100, an amonut much greater than you can possibly expend, during the current year. Still though a considerable portion of this will under no circumstances be required this year, it must be remembered that a very large sum which it is impossible to estimate, is every year required to meet the casualities and damages to the Public Works. If to this expenditure be added the cost of the Government, and Interest on Loans, the total expenditure proposed is £77,926.

Turning 1 now to the " Ways and Means" of meeting this proposed expenditure, I am happy to state that here we have no difficulty, & when you bear in rcind that we have, in common with the rest of the Colony, just emerged from a period of great stagnation and depression— that one third of our Land Revenue has been for the last two years retained by the General Government— -that valuable blocks of land long since purchased from the Natives are still with, held from us— that a considerable balance is still due to us, you will readily understand how gratifying it is to me to be able 10 lay before you a more satisfactoiy statement of your Financial position, than I have done on any previous occasion. From the Estimates of Bevenue and FiXpenditure which will be laid before you to-morrow, you will find that on the Ist of January (186J) the Balance in the hands of the Treasurer was £3886— in the hands of the Agent in England £3925— that the balance due from the General Government on account of Surplus Ordinary Revenue was £3000— that the Interest clue from Hawkes Bay up to the3lst December last, was estimated at £6000. Making the balances either in hand or due, amount to £13,811. I estimate that the proportion apportioned for the current year what we shall be entitled to claim from Hawkes Bay will be £4000— the proceeds\

of the Sale of the L'ind already reclaimed at £8000; I further estimate 3-Blhs of the gross Customs Receipts at £13,500; Licenses Publicans uud Auctioneers, £1900; Registration of Deeds at £400; Pilotage £500; Immigrants Promissory Notes at £1000; Hates on Land and Contributions for Grants in Aid at £1500; Fees and Fines, Assessment on Sheep and other Incidental Receipts at £6Lo— t!ie Pasture Licences and Rents at £500; Land Sales (after deducting the 1-Gth taken by the General Government) at £30,000. Giving a total of Receipts, of £75,720. This amount, in the event of our recovering during the ensuing Session of the General Assembly, the l-6fli of the Territorial Revenue for the last three years, impounded by the Geueral Government, will be increased to £92,720. You are aware that last Session your Representatives succeeded in carrying through the House of Representatives by large majorities Bills re pealing the clause in the Land Revenue Appropriation Act, under which the General Government was authorised to retain l-6th of the Territorial Revenue of the Provinces in this Island, and compelling a refund of the amount so impounded. These Bills, though twice passed by the House of Representatives, were rejected by the Legislative Council. Au understanding was, however, come to iv the House, that • if we succeeded in carrying similar measures next session, no opposition would be offered to them on the part of ministers in the Legislative Council. The members of Canterbury and Otago also pledged themselves to support them ; so that, looking at the interest all the Provinces in this Island have in recovering the large sums thus withheld, 1 confidently rely upon the Bills receiving the sane tion of Loth Houses.

In this Estimate, I have not included the value of the land now being reclaimed, and which it is calculated will realise when sold, especially if the wharf be carried out from it between £13,000 and £15,000.

Lest it should he imagined that I had overlook them, I would state that there are several other matters which it would have been my duty to have brought before you, had there been any chance of the present session lasting beyond a few days. Amongst others I should have asked you to re-appoiut the Committee appointed in 1858, to receive the claims to compensation of those parties who, owing to various causes, had been prevented preferring them wiihin the prescribed time. I should also have again referred to you the case of the "Ann Wilson."

Il was likewise my intention to nave introduced Bills for the management of various reserves, both hereaudat Wanganui; but these and many other measures must of necessity be remitted to the next Session.

It only lemaius for me, while congratulating you on the present position aud future prospects of the province, to express an earnest hope that not only our past differences may be buiied in oblivion, but that we may all be enabled heartily and cordially to co-operate in endeavouring to efface all traces of the past dissensions, and in promoting by means of the ample fuuds at our disposal the welfare and prosperity of all classes of the community ; and iinally, to assure you, thai however unwilling I might have felt, while the Province was involved iii diificullies, to desert the post which in spite of all the anxieties and responsibilities it has entailed, I have so long held, still, now that the Province has, I trust, been safely piloted tluough the storm., I shall in the event of any material difference ever occurring betweeu you and the Executive, at any time, be prepared to relieve you frum the difficulty, so far as my retirement, ouce and for ever from my present oih'ee, possibly can.

I.E. FEAT HERSTON, Sui'EKJNTISNDENT