Provincial Council.

Lyttelton Times, Volume III, Issue 144, 8 October 1853, Page 9

Provincial Council.

WEDNESDAY, September 28th.

...... WEDNESDAY, Oct. 5. • The Speaker took the chair at eleven a. m. At lib. 20m. a.m., : . My. Hamilton asked leave to bring in the Limitation of Patronage Bill and the Executive Government Bill. Leave having heen granted, :the Ist reading of these bills was fixed for Friday the 7th, and the 2nd reading for Tuesday •the 11th inst. Mr. Hail moved that a Standing Committee be appointed to make the internal arrangements of the House, and to provide for the due custody oi papers, &c. , ' "Mr. Hamilton seconded the motion; point.ing out the want of more tables in the House, and of better accommodation for the Reporters.1 .After a conversation" in .-which the Sfeaker, and. Messrs. Tanceed, Dampier, and Hall took part, from *hich it appeared to be understood that the Committee would assist the .Speaker in the care of the House, entrusted to .him by the/Standing Orders, Messrs. Cass, -Hamilton, and-Hall were named as the Committee. , - ; Mr. Hall moved that the Commissaries of , the Bishop be requested to prepare a form of .prayer to be read at the commencement of each sitting. . ' * . Mr. Tancred seconded the motion. . The Speaker took this occasion to inform the Council that the Rev, O. Mathias had acceded to his request that he would act as Chaplain to the Council. Adceess in Repit to the Superintendent's : Speech. Mr. Packer in moving that an Address from -the Council be presented to His Honor in reply -to the Inaugural Speech, moved that the draft :of.a proposed Address be read by the Clerk. The Clerk read the draft of Address, i. > Mr. Packer, in moving its'adoption briefly ; advocated its contents. It would be premature .for the Council to pledge itself to any distinct measures. He dwelt on the energy, enterprise, ; und wisdom of the Head "of the Provincial .Government, in calling them together so ■ early. . Such condnct deserved their ear- ; nest support; and he trusted they might •continue to second and counsel His Honor •to the advantage of the Province—(hear, hear.) .His Honor's first step had shewn strength of -mind.and resolution, in refusing to raise money, even for urgently necessary purposes, without , the legal sanction of the Council. He deserved the thanks of .the Council for thus at once shewing his intention to act with them. (Hear) • The manner in which the Governor had made his financial argangements without the sanction of the General Assembly was calculated to excife some doubt. and dissatisfaction ; as there might be some clanger lest the legislation of the Council on .financial subjects should be therefore,.in a measure, deficient of legality. It was, .however, satisfactory to know that His Honor considered the Provincial Revenue sufficient, after, paying the appointed proportion to the .General Government, to maintain' the Government of the Province efficiently. He regretted that there were no funds for public works; especially as he thought, many of the inhabitants ,-would feel disappointed that the possession of - local self-goveimneni had not produced the desired effect in that way. He perfectly agreed, however, on perusing the estimates/ that no funds could be devoted to public works without impairing the efficiency of the Government. But he trusted some funds so applicable would be found before long. He thoroughly coincided with the opinions of his Honor, as to*the urgency of obtaining for the Provincial Government -the adinipistiatj<)iii as well as the revenue of the; waste lands; and he concurred in the views as .to education pur foith in the speech. (Hear, hear.) 'He therefore moved the adoption of an ad<lre;>s;embo(lyin£ these opinions, vMr v Hall seconded the" motion. He would pass o ocr all points in the speech on which there might c a controversy of opinion. He held a ■^strong npinioii as to the conduct of a- Governmeut fficer mentioned iv the speech, but would not fu*ther advert to it now. As to the want of •funds for public works ami immigration, he concurred in the*general feeling of disappoint ment at there being none, hut he was convinced the Goveinjnein had 'ho.alternative in order to secure iis own efficiency. He thought the colonists liad great reason -I'oi congratulation in the progress made within less than three years, and lie trusted they would continue 19 display the

same energy, courage, and perseverance under difficulties, and would not lose faith in the destiny which seemed fairly within their hope, of soon equalling the prosperity of any colony in the South Seas. We had fairly passed over the first stage of physical exertions; and we had now to test much higher qualifications, those of well working the institutions of self-government, to possess which, by so long demanding them, we had asserted our fitness. (Hear.) The good working of this measure was of far more importance than the measure itself: a far less complete and satisfactory measure would be productive of more real benefit, if well worked, than this good measure if its results were to be endangered by hasty or ill-considered legislation. He trusted the evils of class legislation might be carefully avoided ; and that, by recollecting their great responsibility, as pointed out by the Superintendent, in making laws for an extensive and important Province, they might reproduce a state of things approaching to that seen at Jiome; so that good results might fLovr, not so much from the wisdom displayed in framing the laws, as from the machinery of legislation gaining that deep root in the hearts and affections ol the people, which would ensure the truly English quality of cheerful obedience to law, (hear, hear). ■•

Mb. Tancbed, although agreeing generally in the remarks made by the proposer and seconder, drew attention to the inconsistency of professing, in the beginning of the address, to give no decided opinion on the subjects laid before the Council, and then giving a decided opinion as to the legality of-the source from whence the funds were offered which the Council had to dispose of. He was, himself, strongly of opinion that the Governor had not got the authority of the General Assembly for his financial arrangements, and that he ought to have #ot it: but still he thought it better not to raise that point now. There would be plenty of opportunity for so doing when the Estimates came on. The Council had uot yet come to that stage of their proceedings, "when it would be their duty, to inquire where the money came "from. They knew it was in the Treasury, and no more. They had not yet spent any which was not legally in their hands. £300 appeared as the balance paid into the Provincial Treasury previous to the 30th of September, under legally authorized arrangements ; and they had as yet only sanctioned'the expenditure of £200 out of that sum. That was done legally and strictly. It was premature to inquire now as to the disposal of further funds. He would move the omission of the sentence,in question. Me. Cookson seconded the amendment. After some conversation as to the form of putting motions and amendments, the Speaker decided on adopting the ionn usual in tlie House of Commons, and put it to the vote whether " the wor.ds proposed to be omitted do stand part of the question. 1' After the voting had-'proceeded, Mr.- Dampier said be had misunderstood the question as put, and had voted the opposite way to what he had intended, (laughter). The question was re-put; when the votes were as follows :— -. Ayes, ... 3 "■■■•Noes* ... 6 Mr. Ta^cked's amendment was thus carried. Upon the question that the Address, as amended, be'-idopted, Mr. Hamilton urged a fuller and more careful consideration of so important a document. Some alteration in the wording might appear advisable; and without the convenience of printing, so that every member might h*ve a copy, it was impossible to decide in a few minutes on such emendations. He would move that the further consideration of the Address be postponed till to-morrow(Thursday). Seconded by Mr; HXll, and agreed to. Standing Orders. The Council went into Committee, Mr. Bowen in the Chair, to amend the Standing Orders so as to provide for the due reception of election petitions. Several new clauses were substituted for those formerly adopted. The changes are entirely pf a technical nature. On the Council resuming, the Scab Amendment Bill was read a first time. ■ A Letter from the Superintendent was read, enclosing one from Dr. Gundry, asking for the use of the Council room on the part of the Freemasons of Cimstchurch, in order to inaugurate their Lodge. Ordeied to lie on the table. Mr. TANCRED <gave : notice of motion to morrow (Thursday) to refuse the application.

The Council then adjourned till Thursdayat 4, p.m.

The Speaker took the chair at half-past eleven.

Mr. Da vie, acting temporarily as clerk, read the minutes of the previous day's proceedings, ■which were duly confirmed.

Mr. Tanched moved that the Council resolve itself into a Committee of the whole House, for the .purpose of considering in detail the Standing- Rules and Orders which had been adopted yesterday pro formd. Mr. Hall, in seconding the motion, complained of the want of punctuality of members. : The House had adjourned yesterday till eleven q'clocV. this morning-; and yet at that hour only jonememlier beside himself was present, and •-.half an hour elapsed before the beginning of Tlie motion was put and carried. The Speakek explained that the delay was owing1 to unavoidable circumstances, arising "out of-the novelty and difficulty of the various necessary arrangements. He trusted, however, that for the future,, punctuality would be observed (hear.) ' The Speaker then left the Chair, and the Rev. 'W. Aylmer having been appointed Chairman of Committee, took his seat at the table. Committee on Standing Rules and Orders. 'The Standing Rules and Orders were read by the Clerk, :and each clause afterwards considered singly, Mr.' Hamilton successively moving "their adoption. On the motion jfo'r the Ist clause, authorising the;,a'pppi«Vhient of the officers of the House, ' * . M.v. Tancred moved that the words, " chaplain," be omitted. He.objected to this appointment, because the members of this council need not necessarily be air of one religious denomination, and, though it would be well to appoint a chaplainif they all remained, as he believed ■they all now were,-members of the Church of England, yet it-must be remembered that the Council was not legislating only for the present -or even for a few years to come, but perhaps for .ages to come. He could conceive the time when some of the members would be Protestant Dissenters, or Roman Catholics : and whereas, he felt that, as a member of the Church of England, he could not himself acknowledge a chaplaiu of any other religious body, so he" objected to the possibility of imposing'on others a chaplain not of their persuasion. He thought it would be an infringement of religious liberty, and that the Council might at a future time have reason to regret such a determination. Captain Simeon, while agreeing in the difficulty stated by the honorable member, pointed out that it would be in the power of the Council to alter their Standing Rules and Orders from time to time; and that, of whatever persuasion the chaplain might be, he would, according to the present order, have to use the form of prayer prepared by the Bishop or his commissaries, and adopted by the Council. He there-' fore saw no present objection to the clause. The amendment not being seconded, fell to r the ground, and the clause was adopted. On clause 2 being moved, vesting the appointment of the Clerk of the Council in the Speaker, subject to the approval or disallowance of both the Council, and the Superintendent. Mr. Halt, moved an amendment to the effect that the Clerk be elected by the Council. Mr. Hamilton, in support of the clause as -read, expressed his opinion in favour of the exercise of the patronage of the (Council by the bpeaker. He feared lest members might be canvassed by candidates, and pledge themselves to one or another without duly considering the responsibility of doing so. ° The messenger of the House announced a message from His Honor the Superintendent. His Honor's private Secretary entered at the .bar, presented the message to the Chairman, and retired. ' The CflAiniiAff read the Message, which was to refer to the Council a petition against the return of R.H.Rhodes, Esq., and the Rev. W. Aylmer, as members for Akaroa, and laid it on the table. Mr. Hamilton concluded by adverting to the general confidence shown in the present Speaker by his unanimous election, and expressed his own belief that that gentleman Would always, in the exercise of patronage,

thoroughly carry out the principle and theory of representative government. ' ' .

Mr. Packer, in support of the Amendment, added bis testimony to that of the honorable member who had just sat down as to the perfect reliance to be placed on the integrity and right intentions of the present Speaker.' But future Speakers might not, perhaps hold similar opinions and principles. If the Council had power to annul this appointment, why not let them make it at once ? As to pledges, he trusted no member would make them unadvisedly; and he thought one man was quite as likely to do so as twelve men. One man was more likely than the majority of a number of men, to be biassed by the wish to benefit his own relation or friend —(hear).

Mr. Hall thought members were not likely, to pledge themselves unadvisedly. The danger of due want of consideration in giving a pledge was less applicable to twelve men than to one. Without meaning any allusion to the present Speaker, whose excellent qualities he esteemed as much as any one, he must frankly say that from experience and observation of the manner in which Government patronage, without due checks.upon it, was frequently exercised, he should always regret to see patronage placed in the hands of one individual—(hear.) The amendment was then put and carried. Clauses 3—9 inclusive, were then considered, and. adopted, with some little verbal alteration. . The substance of the above clauses was to authorise the appointment, and to define the duties of a clerk, chaplain, one or more messengers, and a legal adviser, to the Council. Clauses 10, —12, regulating the maintenance and custody of minutes, journals, records, and other documents, were passed without alteration. Clauses 13, 14, as finally adopted, appoint the regular sittings of the Council to be held on Tuesdays and Thursdays at 4 p.m., and on Wednesdays and Fridays at 11 a.m., excepting New Year's Day, Good Friday, the 27th of September, being the Anniversary of the opening of the first Provincial Council, the 16th and 17th of December (being the Anniversary of the foundation of the Settlement), and Christmas Day.

Clauses 14—23 inclusive were adopted without alteration. They relate. entirely to matters of form, such as commencing the "proceedings by prayer, adjournment, quorum, counting out, keeping of minutes, journals, &c. _ By the 24th clause, as adopted, the books, journals" and other documents of the Council are to be open to inspection by the public, at such times, and on the payment of such fees, as may be appointed by the Council. Clauses 25—35 inclusive, relate entirely to matters of form, such as appointment and regulation of Committees, functions of Speaker, manner of voting, order of debate, &c. As adopted, they follow, generally, the precedent of the House of Commons.

/ Clause 36, as adopted, gives Government business the precedence on Tuesdays and Thursdays, then business in arrear, then motions on the notice-book, and lastly, adjourned debates, and Committees.

[The Council now adjourned, at 3 p.m. for an hour.]

On the resumption of business, Clauses 37— 43 inclusive were adopted, establishing rules for maintaining the order and dignity of the Council, by penalties for contempt, support of the Speaker's authority, &c. Clauses 44—46 inclusive, authorise members to wear their hats when sitting, except in the presence of the. Superintendent, who is to be received by the members standing. Clauses 47, 48 provide for the exemption from any penalties, for libel, of members and witnesses speaking in the House. Clauses 49—53 inclusive, provide for the admission of strangers and reporters for the public press. The Speaker has the right of admitting 8 persons, and each member 4 jpersons, daily! Eeporters to be admitted uuder special regulations made by the Speaker. ° By clause 54, strangers may be ordered to withdraw by the Speaker, or by resolution of the Council.

Clause 55 confides the general arrangements for the convenience of members and the'care of the House to the Speaker. "By clause 56, all business left unfinished in the Session must he begun afresh in the next, unless otherwise ordered by the Council. Clauses 57—60 inclusive, appoint the manner of passing bills through the Council. The precedent of the House of Commons is adopted

as to two readings before Committee, and; a thud reading afterwards. a The Chaikman now reported process ami obtained leave to sit again, whenevei^next -m pointed. r* The Speaker then took the chair It was resolved that the Speaker should Dm vide the services of a clerk temporarily until i* permanent appointment could be made after the confirmation of the Standing Bules and Orders by the Superintendent.. NOTICES OF MOTION. Mr. Hall gave notice that he' would move immediately after the passing of the Standing Orders, for a return of all letters addressed through the Post-Office to Christchurch and it! neighbourhood within the last three months Mr, Hall also gave notice that, at the same time, he would move for leave to brin°- in a bill for preventing the spread of disease amon* sheep. . ° The Council then adjourned, at half-past six o clock, till eleven o'clock a. m. on Thursday. THURSDAY, Sept. 29th. At 11 a.m., the Speaker not being present Mb. Tancked took the Chair. ' COMMITTEE ON STANDING OKDEES. The Council resolved itself into a committee, for the further consideration of the btandimr Orders, Mb. Tancked leaving the Speaker's chair, and the Rev. W. Aylmeb taking the chair at the table. Clauses 61 to 75 inclusive were agreed to relating to the form and manner of passing' public and private Bill through the Council". These follow, generally, the precedent of the House.of Commons. By clause 76, on the entertaining of any Petition against the return of a member, the Clerk must give notice, to the Petitioner and Member petitioned against, of the day appointed to consider the Petition : and if the Petitioner do not on that day appear in support of the Petition, it -is to fatt.'tb the ground, and to be considered frivolousandyfe^ atious. Adopted. Clauses 77 to 89 inclusive, also relating- to forms of motion and theappointment and conduct of standing and Select" Committees, were adopted. .' ■ ' ' ■

Clauses 90 and 91 also adopted, provide for the continuance, of the Standing Kules and Orders during the.session,, and a power to revise, alter, or add to them. - ' Certain clauses were then reconsidered, and amended, on the motion of, Mb. Hall ; to the effect of simplifying the Journals of Proceedings, in accordance with the practice of the House of Commons ; printing the proceedings; and naming one clear day, (not solely a sittingday) as the necessary interval between each stage of the Bill.

The whole of the Standing rules and orders, as finally read, were then adopted. The Chaibman reported progress and tie House resumed, Mr. Tancred presiding. On the motion of Mb. Hall, Mb. Taxcbed left the Chair, and Mr. Cass was appointed to preside. On the motion of Mb. Tancbei), seconded by Mb. Bowen, it was resolved that" the Standing Orders, as brought up by the Committee, l>e adopted, and forwarded to His Honor the Superintendent for his approval.

NOTICES OF MOTION. Mb. Taucred gave notice that he vronld move tomorrow that the standing orders be suspended, in order to bring in and pass through Council a short money-bill, authorising" the expenditure of £200 for absolutely necessary expenses incurred. It was the object of the Provincial Government to expend no money without due authority ; and on and after the Ist October there could be none without the enactment of this Council, (hear, hear). Sir. Tancreo also gave notice that he would move, on tlie first day after the approval of the Standing Orders "by the Superintendent, that the Council proceed to the election of a Clerk. Mb. Aylmeb asked and obtained leave to withdraw his former notice of motion rcspectn o Hempehnan's claim at Akaroa : and gave nota } that he would move tomorrow (Friday) thau j Superintendent be requested to lay before i ; Council a copy of the Memorial addresseaw His Honor by certain inhabitants oi L'irespecting Hempelman's claim, and the c peusation awarded to him by the Crown v missioner of lands ; and also any coj' resP°' ence passed between His Honor and the w ; ral Government on the subject. :

Akaroa Petition.

Mr. Aylmer moved for leave to move, without the necessary notice of motion, .that Mr. MoorLouse's petition against the return of members for Akaroa be considered on Tuesday next.. Tt appeared imperative, according to his Excellency's Proclamation under the Constitution Act, that such a Petition should be entertained within ten days from its reference by the Superintendent to the Council. Mr. Rhodes seconded the motion. Mr. Hall denied the competence of the Council to give leave. 24 hours' notice was required of motion tosuspend the Standing Orders: and notice of motion could not be dispensed with without snspending them. Moreover, the necessity did not exist: the clause in the Proclamation only rendered it necessary for His Honor to refer such a Petition to the Council within ten days of its receipt by him. Motion withdrawn. Notices of Motion. • Several notices were given by Mr. Tawcbed aiid Mr. Hall, of motions for Tuesday. The motions themselves appear in our report of that day's proceeding. The Council adjourned, at 6 o'clock, till * o'clock p.m. on Tuesday. TUESDAY, Oct. 4. .The Speaker took the chair, at 4 o'clock. The Speaker read to the Council a letter from the Superintendent's Private Secretary, signifying His Honor's confirmation of the election of Mr. George Ross as Clerk to the Council. . . . , _-. Several notices of motion w;ere given by Mr. Tancred, Mr. Hamilton, Mr. Hall, and Mr. Packer;, but we do not detail them, as the motions themselves will be found in" the subsequent part of the report of the week's proceedings. A pause of half-an-hour now took place, during which no business was brought forward. Admixistration ,of, Waste Lands. Mr. Tancred said.that some correspondence of great importance between the.General Government and the, 'Superintendent, on the subject of the.Waste Lands of the Province, would be laid .on the- table to-morrow. He gave notice that on Tuesday the 11th inst., he would move the adoption of the following resolutions founded on that correspondence. He gave this long notice on purpose that members might have an "ample oppdrtutinity of perusing. the correspondence, and considering this very important subject before the motion was brought on. The resolutions are as follows: — 1. "That in the opinion of this Council the offices of the " Commissionerof Crown Lands," and of "Land Agent of the Government" are

unnecessary andought to be abolished. '2. That in the opinion of this Council the administration of the Waste Lands of the Province ought to be conducted through the LandOffice at Christchurch.

'3. That in the-opinion of this Council the Land Department ought to be placed under the immediate control of the Executive Government of the Province. '

4. That in the opinion of this Council the funds arising from the Waste Lands of the Province ought to be expended solely "by the Executive Government of the same with the advice and consent of this Council.

5. That in the opinion of this Council the terms of purchase of Waste Lands within the Province, and of renting the same for pasturage purposes, ought not to be altered, except by laws to be enacted by the Superintendent and Provincial Council of the Province.

6. That the Speaker do communicate the above resolutions to His Honor the Superintendent, and do request His Honor to lay them before His Excellency the Governor. ■7. That an Address be presented by this Council to His Excellency the..Governor, and tobjth Houses of the General Assembly, praying them to pass such laws as may regulate the administration of the Waste Lands of this Province in accordance with the above resolutions." ■•-'•'.■ Another pause of half-an-hour now occurred. Members appeared, however, to be diligently perusing documents, and consulting together as to their contents, during these pauses. ° The special leave of the Council was given in accordance with the Standing Orders, to bring in some business to-morrow, at less than twenty-four hours' notice. The; Council then adjourned, at a quarter before 6 o'clock, tillll a. m. on .