LEGISLATIVE COUNCIL.

Auckland Chronicle and New Zealand Colonist, Volume 2, Issue 23, 10 January 1844, Page 2

LEGISLATIVE COUNCIL.

Jan. 9th, 1844, Opening Meeting, The Council Chamber was very fullyattended by the principal inhabitants of Auckland. Present,—His Excellency the Governor ; Colonial Secretary, ; Colonial Treajurer; Attorney General ; Messrs. Porter and Clendon. The Council opened with the swearing in of Mr. flendon, to whom the usual Oaths were administered by the Clerk of the Council, James Coates, Esq. His Excellency the Governor, then rose and delivered the following addressGentlemen,

In requesting your attendance so soon after my arrival in New Zealand, and fir so limited a time as may be required for deliberating 011 three measures only, I am urged by the necessity of the cage.

A long interval has elapsed since the lamented decease of your late respected Governor, a distinguished Officer and good man, whose name stood diy high, and whose anxious interest in New Z aland r.nqaeitionably caused that early terminate n of bis earthly career, which all his friends deplore.

In consequence of the disallowance by Her Majesty, ot the Supreme Court Ordinance, no lime should be lost in ♦'fftcling the neces*aiy alterations, and making provision for additional Judges. The Jury Ordioance has also expiied: and as without such important Ordinances, much evil miuht ari?e, it became absolutely necessary to call jon together to d scuss and decide on new measures.

This opportunity may be taken advantage of to amend slightly the Land Claims Ordinance ; by making the acts of a single Commissioner as legal, and in all respects as effectual, as those of two Commissioners. Beyond these important mea* sures however, no further steps in Legislation can be taken at present.

The late melancholy and fatal catastorophe at Watrua has made it imperatively necessary that I should repair iromediaiely to Cook's Straits, to enquire fully into all tbe circumstances of that most lamentable event, and then to act as may be necessary. If, on the one hand, the conduct of the Magistrates, Mr. Thompson, of my lamented friend Captain Wakefield, and those who were with tbem, should be proved to have been correct and justifiable, the Mipreroacy of the Law must be vindicated, and deliberate justice take its su(e however slow course, The power of Great Britain is irrisistable in a just cause ! Bnt if, on the other hand, our countrymen were to blame, if their lives were forfeited in con» sequence of their own misguided or rash conduct it would be highly unjust and unwise in me to act ho«tile!y towards the Natives, who during their paroxysm of indignation, savagely slaughtered our friends. Disputed claims to land, the causes of this 5 deplored loss of valuable life, and indeed of almost every quarrel in New Zealand, should be attended to zealously and earnestly, with the most anxious hope, and I would say coufident trust that mnch of the existing dissatisfaction and distress, mar soon, be removed. Surveyors will be fortwitb employed in tracing and accurately describing in writing, the hitherto undefined boMdaiies pjf lands, in order that all Grunts from the Crown may be delivered speedily • and in all cases the interests of early settlers, and those of tbe Aborigines, will be fully considered. Without a cordial and confident intercourse between the Race* in NewZealand.no prosperity can be permanent. The future welfare of tfts raagnificfirt country depends on mutual good will which can only be maintained by trulv christian conduct. In the Jury Bill which will be laid before yon, there is a clause intended to pr,par e the way for an important step—that of admitting qual.fied Abonuinal Natives to sit as Jur.irs. Unquestionably Ihey should acquire by degrees as many ofhe privileges and rights of British subjects, as they may ba capable of exercising and enjoying without detriment. At my return from Cook's Straits, I shall again ask for your atu.«J a „ce in the Legislative Council. *nd sha 1 lay before you some measures of great importance to this Country Among these measures will be declantory or exceptional laws, m favor of the Aborigines and their descendants. An arrangement for guarJedly authorising B >rae of the Nanve Chiefs to act in a quahfied manner as Mam-nates in their own t.ibes, and for graut-i--g them small salaries, and a mode by whioli the Crown sught of pre-emption, m»y in some oases be waived to the mutual interest of the Aborig na! In. habitants as well as to :he settlers, not oui* witbout | rejiidioe to the public welfare, but in a manner calculated to promote general prosperity. Tbe diminution of Customs duties, of Port Uia-gesaud Pilotage, with a view to their ultimate rem, val, will be brought undet your c nsHera'ion, 'mi a change of such magniude as this must depend •nainlj on the Revenue by other means in lieu o tint received under tbe ezssting system and must be submitted to Her Majesty prior to being acted on. Moderate land taxation, low taxes on houses, exempting those ofa very small «•**, higher licenses lor tne sale of wines and spirits, dunes on horses, catile, and dogs. Fees on the transler of real property, on surveys and crown grant!., are means by winch an adequate revenue may be raised white enjoying tbe advantages of unrestricted ooinmeice in tiee poits. These measures, and the alterations "f others divallowed, wi.l call for niuoh time and h. tdfj which lain confident jou w.il give cheerfn ly, 1 "'" now gentlemen, humby, but earnestly ask for tbe blessing of God upon our honest exertions

for the public welfare, and proceed to lav before 'you a bill for establishing* Supreme Courts in New Zealand. SUPREME COURT BILL. After the Address His Excellency laid upon the Table, a Bill for the Establishment of Supreme Courts, which upon the motion of the Attorney General, was read by the Clerk of the Council. , It was then proposed by the Colonial Secretary, and seconded by Mr, Porter, that the standing rules be suspended. The Attorney General then rose and stated, that in consequence of many alteralions being required, the Bill be read a second time this day. It had been proposed last year that the Judges should go Circuits, but 6y the present Bill they will have to take Districts, and this difference would of course cause some alteration necessary ; before the Bill passed, he would endeavour to give any linformation he could on the subject. The Bill was then read a second time. JURORS' BILL. His Excellency in laying the Juror» t Bill the Council, stated, it would be superfluous in him to make many remarks, he would only say that the lattei part of the Bill regarding the qualification of Jurors' had reference to the Aborigines. He trusted before many years that many of the Aborigines would act as Jurors. He was aware there was a limited number of them could do so at the present time. He trusted that the Honorable Members would pause well fcfeforo they passed any Act unless they were assured the measure wou!d work V/eti, so satisfied did he feel himself as to the fact of some of the Chiefs being sufficiently civilized, that it was his iuteujion to create some of them Magistrates, over their respective Tribes. He felt confident that the Honorable Members would give this Bill their most serious consideration. At the second reading of ■the Bill, the Hon. the Attorney General, •will explain fully the various clauses. Mr. Porter rose and said that he would beg leave to present a petition from the inhabitants of Auckland, against the Jurors' Bill. His Excellency said he thought the .worthy member rather premature in presenting the Petition against the Bill, before it was read. Let it be read, and any petition or amendment could be entertained. The Clerk of Council then read the Bill. The Attorney General proposed, and 4he Colonial Treasurer seconded, that the Bill be read a second time, when Bjfr, Porter again presented the petition, which was read by the Cleik, • His Excellency said, this speedy - measure was for the purpose of allowing slim to'proceed to Wellington to enqn'ue into that awful catastrophe, which had proved so fatal to many of his countrymen, and to his respected friend Captaiu Wakefield. If upon such enquiry the natives were found to to be wrong, they would be dealt with accordingly, and he felt assured that justice would overtake them, however slow it might be in doing so. If on the other hand, this calamitous «vent was found to have been caused by auy indiscretion on the part of the Euro* -peans, the circums'aneo would be regretted by all parties, and by none more than himself. The petition presented by the Worthy member should have his fullest consideration, and it could be enter* tained on Thursday. LAND CLAIMS BILL. His Excellency then laid upon the table a Bill for the purpose of confirming the act of any single.Commissiouer of land claims. The Attorney General proposed, and Mr. Clendon seconded, that the Bill be read a first timer Bill read by clerk, The Attorney General then proposed, and the Colonial Secretary seconded, that the Bill be read a second time. Bill read a second time. Mr. Potter said he would like to k . >'w from His Excellency in what manner c >mpensatiort would be allowed panics si ho haii purchased lati om the original purchasers fropi ti e natives ? His Excellency replied: in answer*? the worthy member, he should feel happy

in giving hiru every information. He thought that the second purchasers of land had more claim than the first; there was nothing in the present Bill to relieve shem, inasmuch as it states that a party thall only have two thousand five hundred and sixty acres, whereas he (the Governor) had power to give any quantity with the advice and consent of the Council.

Mr. Porter then said, that many parties had expended more than the original sum on the lands, and it was truly hard whether any gentleman wanted to purchase 10Q0O0 acres, he could noi; do so. Fo. instance, many Sydney gentlemen had formed a Company, and only wanted the same privilege as was granted the Manuka and New Zealand Companies, which would be advantageous to the settler, emigrant, and natives, and cause a greater uumber of parties to settle with us. His Excellency replied: in the first instance, dealing with it, or contesting the case, 1 only ktrow of companies whose c'aims have been properly brought before the Home Government. A Mr; Pennington was appointed to investigate such claims, and il any private gent leman,, <>r private company, had submitted liWr claims properly to the Home Government, they would have received the same atiention. The companies proved their bona fide payments for their land in ihe shape of purchase money, emigration, &c, and ail such claims, whether by private gentlemen, or companies would be so considered. After some further discussion the Council adjourned to Thursday next at twelve o'cloc, when the three bills will be further consisidered.