HOUSE OF REPRESENTATIVES. No. 1. WEEKLY REPORT OF DIVISIONS IN COMMITTEE OF THE WHOLE HOUSE. (Extracted from the Minutes.) SESSION 1, OF 1854.

Votes and Proceedings of the House of Representatives, 1854 Session I-II

NEW ZEALAND.

HOUSE OF REPRESENTATIVES. No. 1. WEEKLY REPORT OF DIVISIONS IN COMMITTEE OF THE WHOLE HOUSE. (Extracted from the Minutes.) SESSION 1, OF 1854.

MONDAY, JUNE 5, 1854,

Ko. I.—Responsible Government. Resolution proposed by Mr. E. G. Wakefield—" That amongst the objects •which this House desires to see accomplished without delay, both as an essential means whereby the General Government may exercise a due control over the Provincial Governments; and as a no less indispensable means of obtaining for the General Government the confidence and attachment of the people, the most important is the establishment of Ministerial Responsibility, in the conduct of Legislative and Executive proceedings by the Governor." Amendment proposed —" That this House being deenly convinced of the magnitude of the question of Ministerial Responsibility, and of the necessity that every step in connection w th it should be taken calmly, deliberately, and only after all the Members shall have had full time for the due consideration of the subject in all its bearings, is of opinion, that its first proceeding should be the appointment of a Select Committee to consider and report upon the expediency of the adoption of the principle referred to in the Government of this Colony, and the time and mode in which—if such adoption should be deemed expedient—it may be brought into operation, so as most effectually to a'ttain the object, and to guard the interests, find promote the welfare of both races, and all classes of Her Majesty's subjects in New Zealand,"—{Mr. Forsaith.)

Question put—That the words proposed to be omitted stand part of the question. Committee divided. Ayes, 29. Noes, 1. Messrs. E. G. Wakefield Mr. Forsaith (Teller) Gledhill Rhodes Macfcay Hart Kelham Crompton Cargill Macandrew O'Neill Picard Lee King W ortley Weld Ludlam Greenwood Bartley Sewell Fitzgerald Kevans Cutten Gray E. J. Wakefield Carleton Merriman Taylor Clifford O'Brien (Teller) Original question put, and carried.

NEW ZEALAND.

THURSDAY, JUNE 29, 1854. Motion made and question put—That the following Resolution be at,opted:— " That, inasmuch as this first Session of the General Assembly partakes mainly of the character of a Constituent Parliament, which should especially found its enactments rather on carefully defined principles of Legislation than on the temporary expediency of modifying their practical application, this House declares its deliberate opinion that, according to established usage in the British Houses of Parliament, the introduction of any Bill which involves great change in the institutions or policy of the country, should be preceded by the attainment of ample information by the House, as to the past and existing state of those in(titutions or that policy, and by full and unreserved discussion of the principles on which the proposed change is suggested, and that according to the aforesaid usage, the pursuance of that order of business would be most effectually P r _ 0 ' moted by the preliminary consideration of resolutions enunciating such principles, in Committee of the whole House." (Mr. E. Jemingham Wakefield•) Committee divided. Aves, 10. Noes, 13. Messrs. Macandrew Messrs. Clifford Gledhill Fitzgerald Forsaith Sewell Carleton Wortley E. G. Wakefield Crompton O'Neill Rhodes Greenwood king B?.cot Hart Taylor Plcard 15, J. Wakefield (Teller) Revans Cutten Cargill Weld (Teller)

HOUSE OF REPRESENTATIVES. No. 2. WEEKLY REPORT OF DIVISIONS IN COMMITTEE OF THE WHOLE HOUSE. (Extracted from the Minutes.) SESSION 1, OF 1854.

NEW ZEALAND.

TUESDAY, JULY 4, 1854. Public Reserves Bill — Preamble.-—Whereas in the several Provinces of New Zealand, Lands have been heretofore reserved for various purposes of public utility, the legal title ■whereto is vested in Her Majesty : And whereas it is expedient to establish in each of the said Provinces a system of local arrangement of the said Lauds as are or may be held for purposes of local concern : Be it enacted by the General Assembly as follows.—Read. Question proposed —That the preamble, as read, stand as the preamble of the Bill.—[Mr. Fitzgerald•) Amendment proposed—Strike out all the words alter the words " Be it enacted," and substitute the following, "by the Govtrnor ot New Zealand, by bnd with the advice and consent of the Legislative Council and House of Representatives thereof, in General Assebmly, and by authority of such Assembly.—(Mr■ Hart) Question put —That the words proposed to be omitted stand part of tke question Committee divided. Ayes, 22. Noes, 9. Messrs. Gledhill Messrs. Forsaith Cargill K. J. Wakefield Porter Bacot King Lee Macandrew O'Neill Mackay Carleton Travers Monro Bartley Greenwood Picard Hart (Teller) Cutten Crompton Taylor Re vans Wortley Fitzgerald Gilford Kelham i ? eatherston Ludlam Gray Sewell Weld (Teller) Original question put and carried.-

HOUSE OF REPRESENTATIVES. No. 3. WEEKLY REPORT OF DIVISIONS IN COMMITTEE OF THE WHOLE HOUSE [extracted from the minutes.] SESSION 1, OF 1854.

NEW ZEALAND.

TUESDAY JULY, 18TH, 1854. —Vfxttjs Lands Bill. Clause 2. Provided also that it shall not be lawful for the said Gosernor to make or issue any terms of purchase or pasturage and regulations whereby any mch lands shall be made subject to be sold or disposed of gratuitously, or for any leis consideration than the sum of five shillings per acre, to be paid in full on or previous to the completion of such sale or disposition, except in the case of leases or licenses of land to be occupied for purposes of pasturage only, for terms not exceeding fourteen years, and, except in the case of licenses to cut timber and bush for any term not exceeding one year.—Read. Question proposed—That the clause as read stand part of the Bill.'—(3/r. Jl'itzgerald.) Motion made and question put—That the following be added at the end of the clause as read, — " Provided also that it shall not be lawful for any terms of purchase, pasturage, or regulations to be made or issued by which any such lands shall be sold or disposed of at any less price than ten shillings an acre, except by way of public auction, in blocks not exceeding 320 acres in any one block."—(Mr. Picard.) Committee divided. Ayes, 16. Noes, 10. Messrs. Kelham Messrs. Forsaith Fitzgerald Revans Cargill n Bacot Sewell Rhodes E. J. Wakefield Porter O'Brien F, ee Carleton W eld Mack ay Hart Cutten Taylor J King Trarers (teller) Ludlam Gledhill Crorapton E. G. Wakefield Macandrew Picard (teller)

HOUSE OF REPRESENTATIVES. No. 4. WEEKLY REPORT OF DIVISIONS IN COMMITTEE OF THE WHOLE HOUSE. (Extracted from the Minutes.) SESSION 1, OF 1854.

No. 2.—"Waste Lands Bill. Question put —That the clause as amended stand part of the Bill.—(Mr. Sewell.) Amendment proposed—That the clause as first read stand as clause 2 of the Bill, with the exception of substituting the words " ten shillings" for "five shillings,'* in the fourth line of the clanse.—(Mr- Hart.) Question put —That the words proposed to be omitted stand part of the question. Committee divided. Ayes 20. Noes 7. Messrs. Mackay Messrs. Macandrew Kelham Cutten Fitzgerald Hart Sewell Travers Ludlam King O'Neill Crompton Picard Cargill (teller) Carleton E. J. Wakefield Gteenwood Taylor Lee Rhode# Clifford Gledhill E. G. Wakefield Porter Revans Forsaith Weld (teller) Clanse as amended carried.

THURSDAY JULY 20TH, 1854. •* 'i<i ■ . .-t•. '•.• . « .No.'3.—Waste' Lands Bill. Motion made and question That the following do stand as clause 3 of the Bill, Provided also that it shall not,be lawful in any such terms of purchase or pasturage or regulations to include any stipulation or agreement to the effect that any part of the proceeds of the Waste Lands included therein shall be appropriated to any specific purpose whatsoever.—(Mr. Fit~fferald. u ) Committee divided. Ayes,: 18. Noes, 10. Messrs, Revans Messrs. E. G. Wakefield Monro E. J. Wakefield Ludlam O'Neill Kelham Cutten Fitzgerald Macandrew Mackay Rhodes Sewell Forsaith Porter Greenwood Travers Lee Bacot Cargill (teller) Picard Crompton King Hart Gledhill Clifford Carleton Weld (teller)

No. *. Motion made and question put—That the following be inserted as clause 7 of the Bill, Notwithstanding anything herein contained Officers of Her Majesty's Military and Naval Services, and of the Military Services of the Honorable the East India Company, proposing to settle within any province of the said colony, shall be entitled to the same privileges in respect to the acquisition of land, as those to which they would be entitled in any other of Her Majesty's colonies under the Regulations in that behalf issued under the authority of the Commander-in-Chief, dated July 27th, 1853.—(Mr. Fitzgerald.) Amendment proposed—that the following words be added at the end of the clause as read, —" subject to any regulations in that behalf to be from time to time made and issued by the Governor, with the advice of the Executive Council, and which shall be approved by the Superintendent and agreed to by the ProvincialCouncil of any province to which such regulations may apply."—(Mr. Cargill.) Question put —That the words proposed to be added stand part of the clause. Committee divided. Ayes, 10. Noes, 13. Messrs. King Messrs. Fitzgerald Crompton Monro E. G. Wakefield Sewell E. J. Wakefield Wortley Cutten Revans ONeill Greenwood Macandrew Mackay Forsaith Gray Lee Ludlam Cargill (teller) Rhodes Porter Gledhill Weld (teller) No. 5. Amendment proposed—That the following wolds be added at the end of the clause as read. "Provided that an actual residence of five years must be proved before any title to the last mentioned privileges shall be acquired, except in case which death may have occured before the expiration of that period. ■ (Mr. J'orsaitJl.) Question put —That the words proposed to be added stand part of the clause. Committee divided. Ayes, 13. Jsoes, 9. Messrs. Ludlam Messrs. Mackay King Giay Crcmpfon Greenwood E. J. Wakefield Travers Canjill Sewell Macandrew Revans Cutten Fitzgerald Gledhill Wortley O'Neill Weld (tell") Lee Rhodes E. G. Wakefield Forsaith (teller) >0 " further amendment proposed-That the following words be added at the end ° f th « Provided also'lhat no person shall be entitled in respect of the last mentioned nrivileaes to receive a grant of more than one acre of land in respect of every pound io«y to which such person may be eat.tied under the regulations aforesaid " —(Mr. Sewell.) MoUo^made aS and d question put-That the clause as amended stand as clause 7 of the Bill.

Committee divided. Aves 15 Noe, » 7 M«S Ludlam Me.sr, O'Neill Wortley Macandrew Sewell J Monro Fitzgerald " ln g Travers Cutten Crompton Cargill (teller) E. G. Wakefield E. J. Wakefield Picard Hhodes Forsaith Mackay Gledhill Weld (teller)

NEW ZEALAND.

WEDNESDAY, JULY 26, 1854. Public Lauds Bill—(Re-committal) — Clause I—Subject to the provisions of the said recited Act, from and after the passing of this Act, it shall be lawful for the Governor of New Zealand for the time being, with the advice of his Executive Council, from time to time to make and issue within the Colony of New Zealand, and from time to time to alter, amend, and re-issue terms of purchase and pasturage and regulations for the sale, letting, disposal, and occupation of such Waste Lands of the Crown within such Colony, and in the name and on behalf of Her Majesty, according to such terms of purchase and pasturage, and regulations to sell, let, or otherwise dispose thereof, and under the Public Seal of the Colony, to make and execute grants, leases, and licenes thereof.— [Read.) Motion made and question put—That the following words be added at the end of the Clause :— " Provided always, that a certain portion of all such waste lands shall be set apart as ' Working settlers land,' and such terms of purchase so to be made and issued as aforesaid, shall be subject to the provisions hereinafter made in respect of 'working settlers land.'"—(Mr. E. G. Wakefield•)

HOUSE OF REPRESENTATIVES. No, 5. WEEKLY REPORT OF DIVISIONS IN COMMITTEE OF THE WHOLE HOUSE. [extracted from the minutes.] SESSION 1, OF 1854.

Committee divided: Ayes, 10. Noes, 21. Messrs- E. G. Wakefield Messrs. Mackay Bacot Revans Picard Ludlam Cargill Crompton O'Neill Carleton Greenwood Fitzgerald Macandrew Travers F orsaith King Lee Wortley K. J. Wakefield (Teller) Kelhaui Sewell Monro Moorhouse Rhodes Taylor Cutten Gledhill Hart Gray Porter Weld (Teller)

NEW ZEALAND.

TUESDAY, AUGUST 7, 1854. Public Lands Bill—(Re-committal) — Motion made and question put —That the following be inserted as Clause 21 «f the Bill: — " Nothing in this Act contained, shall extend to that portion of the Province of Otago known as the Otago Block, in which certain terms of purchase and pasturage raised by the New Zealand Company are now in force as contracts between the said Company and the Otago Association which terms of purchase and pasturage shall continue in force until altered or amended as hereinafter provided." Committee divided. Ayes, 12. Noes, 18. Messrs. Bacot Messrs. Cutten Greenwood Porter Cargill Hart Forsaith Taylor E. J. Wakefield Fitzgerdd Carleton Moorhouse Crompton Mackay Travers O'Brien Sewell E. G. Wakefield O'Neill Gledhill Kevans Jilacandrew (Teller) Ludlara Gray King Monro Kelham Wortley Weld (Teller) Clause 7 —Notwithstanding anything herein contained, Officers of Her Ma, iestv's Military and Nava! services and of the Military services of the Honourable the East India Company, proposing to settle within any Province of the said Colonv shall be entitled to the same privileges in respect to the acquisition ot land, as tho'se to which they would be entitled in any other of Her Majesty's Colonies, under the regulations in that behalf, issued under the authority ot the Commander,. jn-Chief, and dated the 27th July, 1853. Provided that an actual residence of fire

HOUSE OF REPRESENTATIVES. No. 6. WEEKLY REPORT OF DIVISIONS IN COMMITTEE OF THE WHOLE HOUSE. (Extracted front the Minutes.) SESSION 1, OF 1854.

years must be proved before any Title to the last mentioned privileges shall be acquired, except in cases in which death may have occurred before the expiration of that period. Provided also, that no person shall be entitled, in respect to the last-mentioned privileges, to receive a grant of more than one acre of land in respect of every pound sterling of remission money to which such person may be entitled under the Regulations aforesaid.— (Read.) Motion made and question put—That the following words be added at the end of clause 7, — " Discharged soldiers, non-commisioned officers and soldiers, petty officers and sailors in Her Majesty's Navy of good character shall, on the recommendation of their Commanding Officers, be allowed a remission of purchase money of land on the following scale, according to their corresponding rents on the same conditions; as those imposed on Commissioned Officers in clause 7. Sergeants £50 Privates 20 —CMajor Greenwood.J Committee divided. Ayes, 14. Noes, 15. Messrs. Kelham Messrs. Ludlam Bacot Revans Carleton King Macandrew Monro Crompton Sewell Cargill Travers O'Neill Fitzgerald E. G. Wakefield Hart Forsaith Picard E. J. Wakefield Gledhill Mackay Cutten Moorhouse Rhodes Gray O'Brien Greenwood (Teller) Lee Weld (Teller)

NEW ZEALAND.

WEDNESDAY, AUGUST 9TH, 1854. No. I.—Address in refly to His Excellency's Message No. 25. To His Excellency the Officer administering the Government of New Zealand. May it please your Excellency,— We, the Commons of New Zealand, assembled in the House of Represeiitatives, beg leave to acknowledge, with sentiments of deep and sincere lespect, your Excellency's very important Message (No. 25) on the subject of recent changes in the Executive Government, and the relations between ) our Excellency and the Legislature. We can assure your Excellency of our earnest desire to give tbe earliest consideration to whatever matters may be submitted to us by or on behalf of your Excellency ; but in approaching the subject of the Message in question, our attention lias been, in the first instance, directed to incidental matters, to which we feel outselves imperatively called on to advert. The fact has been stated in this House by a Member in his place, that the Message in question has been presented to this House under his advice, he not being a sworn membsr of your Excellency's Executive Council. The fact has also been stated in this House by the same Member in his place, that under the present critical circumstances of the Colony, and in reference to matters of the gravest importance lelaiing to the Executive Government, your Excellency is acting under the sole and exclusive advice of that Member, without, and apart from, those members of your Excellency's Executive Council, who are sworn to advise your Excellency rightly, and who alone are responsible for tbe advice they may give. The fact has also been stated in this House by the same Member in his place, that in a political crisis and in reference to affairs demanding deep knowledge and careful consideration of tbe law, your Excellency is acting under the advice of that Member, without tie advice and opinion of Iter Majesty's Attorney-General. We have heard the statements referred to with alarm, as tending o compromise the honour of your Excellency's Government, and fraught with peril to the colony. Assuming the facts so stated to be true, we humbly, but most earnestly, pray your Excellency to take this our respectful remonstrance into your serious cou-

HOUSE OF REPRESENTATIVES. No. 7. WEEKLY REPORT OF DIVISIONS IN COMMITTEE OF THE WHOLE HOUSE. (Extracted from the Minutes.) SESSION 1, OF 1851.

sideration. We cwn assnre your Excellency, with the utmost sincerity, of our anxious desire in all things to mark our high respect for your person and office ; at the same time, charged as we are with high constitutional privileges, involving corresponding duties, we dare not hesitate to pray your Excellency, at this serious crisis of affairs, to have recourse to the advice of your Executive Councillors, who, by Her Majesty's Instructions, and the Rules of the Constitution, are appointed as your Excellency's advisjrs in all matters of importance councillors who are sworn to advise your Excellency rightly, and who will be responsible to Her Majesty, to your Excellency, to this House, and to the Colony, for the advice they may give. Without presuming to question your Excellency's undoubted right to exercise, under ordinary contingencies, a free and unbiassed judgment upon matters of Government policy, we, nevertheless, cannot butregard the subject of your Excellency's Message, involving, as it does, the relations between the Executive and the Legislature, and affecting the whole state of political affairs at the present moment, as matters of such importance as to be unfit to be confided to an unofficial and irresponsible adviser, but rather as demanding recourse, on your Excellency's part, to your Excellency's sworn constitutional advisers. In the meantime we respectfully assure your Excellency that we will, at the earliest moment, proceed to consider the subjects referred to in your Excellency'* Message, with an anxious desire to co-operate with your Excellency by all constitutional means, in averting the difficulties and dangers at present impending over the Colony.—(Read.) Motion made and question put—That the Address as read be adopted.—(Dr. Monro.) Amendment proposed—That the whole of the words of the address be omitted, and the following words substituted; — " That in the opinion of this Committee, according to the usages of the British Constitution, than which none are more firmly established or better understood, every act of the Crown, with a single exception, must be performed by and with the advice of Cabinet Ministers, being sworn members of the Privy Council, aad that the one only exception to the rule, is the absolutely free and independent discretion of the Sovereign alone, in doing whatever pertains to tha choice and appointment of Cabinet Ministers."— (Mr. E. G. Wakefield.) Question put—That the words proposed to be omitted stand part of the queition. Committee divided. Ayes, 23. Noes, 10. Messrs. King Messrs. E. G. Wakefield Brown Forsaith Kelham Travers Featherston O'Neill Monro Cargill Revans Macandrew Taylor Mackay Weld Greenwood Fitzgerald Lee Cutten E< j, Wakefield (Teller) Bacot Gray O'Brien Picajd Ludlam Moor house Crom pton Rhodes Sewell Hart Carletoa Gledhill Wortley (Teller)

Original question put. Committee divided. Ayes, 23. Noes, 10. Messrs. King Messrs. E. G. Wakefield Brown Forsaith Kelham Travers Featherston O'Neill Monro Cargill Revans Macandrew Taylor Mackay W eld Greenwood Fitzgerald Lee Cutten E, J. Wakefield" (Teller) Bacot Gray O'Brien Picard Ludlam Moorhouse Crompton Rhodes Sewell Hart Carleton Glednill Wortley (Teller)