GENERAL ASSEMBLY.

Wellington Independent, Volume XVII, Issue 1762, 4 September 1862, Page 2

GENERAL ASSEMBLY.

LEGISLATIVE GOUNCIL. I 1 Thursday, August 21, 1862. i The Speaker took the chair at 2 o'clock. Present. — Hon. Chief Justice, Col, Russell, Col. Kenny, Major Richmond, Capt. Bailiie, Messrs. Tancred, Menzies, Cutfield, Sewell, Johnston, H. Russell, and Crawford. Hon. Mr. SEWELL brought up the report of the Select Committee on the Imprisonment for Debt Bill, which also included the report of the same committee on the Law of Debtors and Creditors. COL. RUSSELL moved that a Select . Committee be appointed to draw up an address* to her Majesty, praying that a limit be fixed to the number of members of the Legislative Council. The Committee to consist of the Hon. Chief Justice, Mr. Menzies, Mr. Sewell, and Col. Kenny. Agreed to. The Land Registry Amendment Act 1862, was read a first time. The Summary Proceedure on Bills Bill was recommitted and reported. The Bills of Sale Registration Act Amendment Bill, and the Crown Grants Bill No. 2 were read a third time and passed. Otago and Southland Boundary Bill. Mr. MENZIES at considerable length, moved the second reading of this bill. He contended that the boundary line between the twe provinces, should be one nearly corrrcsponding with the Watershed between the Molyneux and the Mataura. The distance from Mataura to Dunedin was about 120 miles, whereas the distance from Invercargill to Mataura was about 25 miles. The commercial relations of the settlers iv the district were chiefly with Southland, and the only oljects which led them to Dunedin, were matters of business in Law Courts, the Land office or political business. He also referred to another dis trict of Otago lying between the Te Auau and Wakatipu lake, a pastoral district, the inhabitants of which had petitioned to be joined to the province of bouthland. He referred to the Act passed last session to alter the boundary of the provinces of Can terbury ond Otago, as a precedent for the interference of the Assembly, and thought this was a case which in his opinion demanded tlie interposition of the Legislature. Mr. SEWELL thought it precipitate to deal with the question of the alteration of the boundaries of provinces in this summary manner. Although he did not wish to throw any obstacle in the way of the Bill, he thought the Council should pause and refer it to a Select Committee. COL. KENNY was desirous that due care should be taken before the Bill was allowed to v proceed' and that the proper preliminary step 3 should be adopted to give the Council full information, COL. RUSSELL spoke in favor of the bill, and Mr. JOHNSTON against it. Mr. MENZIES replied, and thft Council divided. Ayes B— Hon. Chief Justice, Major Rich, mond, M. Menzies, Mr. Cutfield, Capt. Bailiie, Col. Russell, Mr. Tancred, Mr. Crawford. N oes 4 —Hon. Mr. Sewell, Mr. H. Russell, Mr. Johntson, Col. Kenny. Juries Bill. On the motion of Mr. TANCRED the Juries Bill was read a second time, and tho Bill was subsequently considered in Committee. The Supreme Court Amendment Bill was also read a second time, and passed through Committee. The Council then adjourned. Friday, August 22. The SPEAKER took the chair at 2 o'clock. Present— Hon, — Chief J ustice, M ajor Richmond, Col. Russell, Co!. Kenny, Capt. Bailiie, Messrs. Tancred, Cutfield, Sewell. Menzius, Stokes, John, ston. Crawford, and H. Russell. Mr. SEWELL explained that for the present ho had felt himself unable to join the Government as one of the Ministry, though he had at their request accepted the office of Attorney General, but not as a minister. It would be readily understood that under circumstances like the present the measures proposed by the new Government might not be such as he could cordially approve of. Disapproving as he did of some of those measures, he could not takextpon himself to come down to the Legislative Council, and recommend their adoption upon his responsibility. If the Legislature should pass them, and they should become law, it would be the duty of everybody to the extent of his ability to assist the Governor to carry them into effect, and he should he prepared at the end of the Session to join the Government upon the usual terms. Constitution of Legislative Council. Col. RUSSELL moved that the Report of the Select Committee on the numerical constitution of the Legislative C mneil be adopted. After some discussion in which Mr. Tancred, Col. Russell, and Mr. Crawford took part, the teso- ' lution was carried. Atchison's Case. The ATTORNEY-GENERAL postponed to a future day his motion lor printing the papers in case Newry v. Atchison. Land Registry Amendment Bill. This Bill was read a third time and passed. Miner's Franchise Bill. On the motion of Mr. TANCRED this Bill was recommitted. An ameadment was proposed by Mr. MENZIES in the third clause, that the words " reside in the Province in which such miner's right is issued," should he added so as to limit the operation of the franchise. Soma discussion ensued on this amendment, and on a division the votes being equal the Speaker gave his casting vote in favour of the amendment. Messaaefrom the House of Representatives. A Message from the House of Representatives was received informing the Council that the House had passed the Birds' Protection AmenJenient Act, and inviting the concurrence of the Council. On the motion of Mr. TANDRED the Bill was read a first time. Representation Act Amendment Bill. On the motion for the tecond reading of this bill a discussion ensued in which Col. Russell, Mr. Stokes, and Col. Kenny took part. The bill was read a second time, and passed through Committee without amendment. Imprisonment for Debt Bill. The Council went into Committee on this Bill, Tho ATTORNEY-GENERAL explained short, ly the additions it was proposed to make to this Bill. It was proposed that mercantile assessors should be appointed by the Governor, that persons not in custody for debt should he enabled to take advantage of tho provisions of the Act ; it was also intended to enlage the powers of creditors to allow them to take a I vantage of the provisions of the Act. After some discussion the alterations were agree en to, and the Bill reported with amendments. The Council then adjourned. Monday, August 25. The Speaker took the Chair at tsvo o'clock. Present — Hon. Chief Justice, Attorney-General, Major Richmond, Col. Russell, Col. Kenny, Capt.

Bailiie, Messrs. Tancred, Menzies, Cutfield, Stokes, Johnston, Crawford, H. Russell. Colonel RUdSELL iv asking the* Hon. the At-torney-General, with a view to his opinion being recorded on the Minutes of this Council, " What is the Constitutional course for Ministers to pursue in advising his Excellency the Governor on a subject upon which either the Legislative Council or House of Representatives has already expressed an opinion by Resolutions duly passed ;" said, — I wish to state that I do not, ask this question with any view to cause embarrassment, but merely to establish the position of the respective Chambers where it might appear doubtful. It appears to me that Representative Government is still so new to us and so likely from time to time, to give rise to such anomalies, that we should do well to consider them as they arise, and where it is possible, to record the conclusions at which we arrive for future guidance. In the case before us, this Couucil passed certain Resolutions to the effect that in its opinion the particular Act of a Superintendent was "unauthorized," "unconstitutional," and " an unwarrantable interference with the due course of the law.'' The- Resolutions were introduced by the late Attorney-Gene-ral Mr. Whittaker — were carefully discussed in a full meeting of the Council — and affirmed by the highest legal authority in the Colony. By the papers laid on the table of the Council, it appears that the Ministry of the day thought it their duty to a! vise his Excellency the* 1 Governor to confirm the Act alluded to, in 'the face of the Resolution which had pronounced it to be unauthorised, unconstitutional, and an unwai-rantable interference with the due course of law. Now it appears to me that the most prominent position of Responsible Ministers is that they are the exponents of the views of the Assembly, and as a consequent position, the swoin advisers of the Governor. I cannot therefore, consider it to be their duty to advise the Governor to a course of action diametrically opposed to the solemnly expressed opinion of one branch of the Legislature, in a matter where the other branch has not power. It may be asked, how then are vliniscers to advise when their own opinion is at variance with such Resolutions. I should reply, let them if possible in such case ascertain the opinion of the other Chamber, but Bhould the Assembly not be in session when they are required to advise his. Excellency, let them state that they differ from the view expressed in the Resolutions, but cannot advise a course of action which would be opposed to the recorded views of either branches of the Legislature. And with a view to establish land marks in this direction, I have cought to record the opinion the of hon. the Attorney-General. I beg to repeat that my only object in putting this question and that of which 1 have - given notice to day is by recording the opinion of our highest law officer to guard against the recurrence of circumstences which may seem to place this Council and his Excellency the Governor in antagonism, Ido not therefore press for an immediate answer but shall be content to receive it at any period, provided it be before the the close of the Session. The ATTORNEY-GENERAL :— ln answering the question I must be understood as merely offering an individual opinion. The . Legislative and Executive Departments of Government are in my opinion, distinct, and exercise distinct functions. If the Legislative Council or House of Representative > should by resolution express its opinion on the conduct of the Executive or the action proper to be taken in any particular case that opinion will be entitled to great respect, and* will no doubt at all times receive from the Executive its due weight. But it will be impossible to regard any such resolution as a rule of action binding on the Executive, which must in all cases act upon its own responsibility and advise his Excellency accordingly Miner's franchise . On the motion oi Mr. TANCRED the Miners Franchise Bill and the Representation Act Amendment Bill were severally read a third time and passed. . Imprisonment for Debt Bill. This Bill was further considered in Committee and reported with amendments. Crown Grants Bill. On tho motion of Mr. TANCRED that this Bill be read a second time. A disscussiori ensued, the Attorney- General supporting the Bill, dwelling on the delays and inconveniences of the present system aud referring to the precedent of the Canterbury Association where delegated powers were given and important functions exercised by proper local officers. The Bill was opposed by Col. Russell, Messrs. Cutfield, Menzien and Crawford. The Bill was read a second time and ordered to be committed to-morrow. The Council then adjourned.