LEGISLATIVE COUNCIL.

Auckland Chronicle and New Zealand Colonist, Volume 2, Issue 48, 4 July 1844, Page 2

LEGISLATIVE COUNCIL.

THURSDAY, June 27th, 1844. Present all the members. The minutes of the last meeting were read and confirmed. The Governor moved the Order of the day for the third reading of the “ Court of Requests Bill *» The Bill was read a third time, and on motion of the Governor said Bill passed. On motion of the Governor, the fnrher consideration of the Municipal Corporations’ Bill proceeded with. v Mr. Brown, according to notice, moved that the 44th danse be expunged. Tite^Attorue,.General mo ved as an amendment, upon Mr. Brown s amendment, that the words forty pounds be erased, and the words •* ten pounds” Be inserted in lieu theieof. On the question being put, carried in the affirmative. M On motion of 'he Governor , the following clause wa s added after the £3rd clause—- “ This Oidinance shati not come into operation until it shall hare “ received the Royal confirmation and the notification of such confirmation “ shall have been made in the Government Gazette, by order of •• His Excellency the Governor of New Zealand for the lime being.” On motion of the Governor, it was Ordered “That said Bill be engrossed and read a third time on Thursday, “ the 4tb July.” The Governyr moved the Order of (he day for the second readingof the “ Distillation Repeal Bill.* Clause 1 read and agreed to. On clause 2 being read, the Attorneys General moved that the following clause be inserted in lieu thereof--

f '‘This Ordinance shall not con>e into < Deration until it shall have “ received the Royal confirmation, and the notification of such confirmation shall have been made in the Government Gazette, by order of His Excellenoy the Governor of New Zealand lot the time bring,” On clause 2, as amended, being read, Dr. Martin moved as an amendment — •* That this Ordinance be brought into immediate operation.” On the question being put that Dr. Martin’s amendment be agreed to, the Council divided— Carried in the negative. ■ Clause 2 as amended read and agreed to. . On the motion of the Governor, it was Ordered—- " That the said Bill he engrossed and read a thiid (■time on Thursday, (this day) the 4th July.” The Attorneys General moved the Older of the day for the second reading ot the “ Auctioneers Amendment Bill.” Clause 1 read and agreed to. t \ Clause 2 read, and blank filled up with the word forty. On the motion of the Governor, it was ordered—- -** That the said Bill be engrossed and read a third lime on Saturday, the 29th instant.” The Attorney-General moved the order of the day for the second reading of the “ Conveyancing .Amendment Bill.” Clause 1,2, 3, read and agreed to. ■ On the motion of the Governor, it was ordered—- “ That the said Bill be engrossed and read a third 'time on Saturday, the 29th instant.” The Council then adjourned till Saturday, 29th. June, 1844. SATURDAY, June 29th. ' Present, all the Members. The minutes of the last Council] was read and « confirmed. The Harbour Regulation Bill was read a first 'time. To be read a second time on Tuesday, June 2nd. The Sammary Proceedings Amendment Bill ' was then read a first time. To be read a second '4ime on Tuesday, June 2nd. The Unsworn Testimony Bill was then read a f first time. To be read a second time on Tuesday, June2iid. The Cattle Trespass Amendment Bill was then vead a first time. To be read a second time on ‘Tuesday next, June 2nd. Mr, Clifford gave notice of an amendment to the Cattle Trespass Bill. The Native Tiust Bill was then read a third time His Excellency the Governor rose to propose an. amendment in the sth Clause,{as the effect of fging the words "proportionally dispense.” No two persons conld be found who would cordially agree in the interpretation of these two words, and he was snre that great confusion would arise trom the various opinions as to the meaning of these words. .He had taken the opinions of the { other Trustees, and he found that, in common with himself, a majority of them would decline to act if they were to be trammelled with-such a provocative to discord. The Trustees had bat one desire,>to do justice to all|prties in the distribution of the funds and patronage of the trust. I enjoyed, 6aid his Excellency, wbenl left England, equally the confidence of both the Missionary bodies. I believe I do so now, and I shall not act so as to forfeit that confidence, but the words ‘‘ proportionally dispense” will be made an Apple of Discoid, whenever any such thing is required. I will not be the party to throw one down, or help to do so. There must be a discretionary power given to the Trustees acting for the Crown, without it the usefulness of their acting at all is destroyed, and I would not accept of or undertake the duty. Besides the Trus ees now proposed would not hold office for ever, nor.was the bill itself irrevocable, —the one might be repealed, the others displaced Mr. Clifford was sorry to hear this after-thought of His Excellency’s.— He had said at the time of the original debate, that lie thought the best security for toleiatioo was resident in those two words, they had iodoced ,him to support the Bill which he could not do now with this amendment. The Colonial Secretary supported the amend, ment. He had objected .to these words at the original debate, bat was induced to withdraw his objecs tion to them, because it had been so strongly represented that their introduction would smooth down differences of opinions,—it now appeared to be the general belief that they would only provoke them, —lie foresaw the differences of opinion and disseution about relative propo tion which would Inevitably arise, and he would therefore now very cheerfully vote for the amendment wh cli would leave the difficnlt ca’ctilalion most wisely in the hands of the Trustees. Mr. Brown thought the clause was just as good, without the words as with, they were mere surplusage,—repeating a previous part of the Bill, he would not oppose the measure, Dr Martin was of the same opinion as regarded the words and had no objection to their removal, | bnlhe thought as he did before, that the Bill was I defective in its definiiiou of powers and that it j would be better for the Trustees themtelves if it j were less so, for they would be much less subject to imputations of partiality it they were dictated by the Bill itself. The Governor iheD moved that tbe Bill do pass Ayes 4. Noes 3. Mr. Clifford, Mr. Brown, and Dr. Martin, conjointly tendered tbe following Protest, which was read and ordered to be entered on the Minnies— PROTEST AGAINST THE “NATIVE TRUST BILL.” We protest against tbe passing of the “ Native Trnsf Bill” in so far as it leaves in the hands of the Trustees unlimited power to teaeb, in the schools to be established under the Trust, the religious opinions of a particular class of Christians to the exclusion of those of every other class. Looking to the vast interests comprehended under this Bill—the vast amount of Property that may be held under it—the highly philanthropic object which it seeks to obtain—and its success or failure involving perhaps the existence-of the Aboriginal inhabitants—-and the prosperity of the Colonists generally—it is of the greatest importance that the principles of the Bill should be of such a character to claim the good wishes and co-operation of

every fiiend of the Aboriginies ;—but nr ore particularly to claim and deserve the assistance of the various local missionary bodies, as well as of the parent so ieties in Europe. But this Bill cannot claim such confidence ; inasmuch as the Religion to be taught in the schools established under the Trust is to be altogether left to the Trustees, who must be expected—perhaps conscience will make it their duty—to carry out, so far as they can, their own religious views—giving at once a sectarian character to the Trust—destroying]thereby its..usefulness, and creating a spirit of intolerance dud religious discord amongst the Natives and various missionary bodies here—('Symptoms of which are already manifesting themselves) —for these reasons therefore, and because the official members have re fused to insert in tbe Bill a dlause, so as either to" confine the religious instruction in the Schools to the great principles of Christianity—excluding tbe peculiar tenets of each denomination of Christians; —or, if such class religion is to be taught—because the Bill does not contain a provision to support, alike, all denominations of Christians according to the numbers of Native people belonging thereto—for these reasons we protest against this Bill, and request that the same be recorded in the Minutes of Council, and an exact copy thereof, along with the Bill itself, forwarded to the Right Houorable the Secretary of State for the Colonies, tor the consideration of Her Majesty’s Government. WM. BROWN, S. M. D. MARTIN, CHAS. CLIFFORD, Members of tbe Legislative Connell. Auckland, 27th Jane, 1844. The Auctioneer’s License Bill, read a third t ime and passed.—The Forty Pound Tax, instead of the Colonial Treasurer's amendment of £25 standing. The Conveyancing Bill, was to have been read a third time but was not engrossed, and the Attorney. General said he was glad it was not for he hoped to be permitted to move an amendment, in order to remove a doubt which has arisen touching the equity influence of tbe Bill. The Governor said perhaps it would be as well to admit the amendment, if the Council thought fit now, and the Bill might come ready on the third reading before the next silting of the Court.— Agreed to. The Council adjourned to Tuesday, July 2nd. TUESDAY, July 2nd. Present all the members. The minutes of the last Council were then read and confirmed. His Excellency said before proceeding to the business of the day, he wished to give notice.that he would lay on. tbe table in a few days, a Bill to Ameud tbe Licensing Ordinance, and his object in so doing was to legalize the granting of licenses to men of good character ia various parts of the country, so that persons travelling might have the necessary accommodation and he hoped by granting licences in this way it would be the means of putting a stop to some of the smuggling which is carried on in,tbe country ; but iu order to render every facility to persons travelling, licenses would be granted in certain cases, ?o one provided he' kept a boat, to another should he keep a conple of" hopes, and in cases were no such accommodation existed, a few pounds only would be necessary to charge for a license, but the chief aim of the bill would be for the accommodation of the public. A long discussion then took place regarding the interpretation of the Licensing Act, as to whether according to the Act passed last session, a woman conld hold a license.

H's Excellency said that were he a Justice of the Peace, he should have no objection in granting a license to a woman of good character, but ,as there was an amendment to the Licensing Ordinance about to be introduced, he thought the doubt that existed on the point might be adjusted. The bill for facilitating proceedings by and against a certain Joint Stock Bank, called the Union Bank of Australia, was then read a second time, on which some amendments and alterations were proposed; an additional clause was also proposed by Mr. Brown, which was postponed for t u rtber consideration.

The Governor laid on tbe table a bill to exempt the Natives of New Zealand fiom our laws tinder certain circumstances, and a bill to Naturalize certain Germans in this country. The Council then adjourned to Thursday. Julv 4tb, (this day.) J J