Provincial Council.

Lyttelton Times, Volume IV, Issue 223, 20 December 1854, Page 5

Provincial Council.

Thursday, Dec. 14th. Present.—The Speaker, Messrs. Hall, Bealey, Bowen, Rhodes, Packer, Cass and Darapier. Mr. Hall chew the attention of the House to the message of the Superintendent in reference to the unsuccessful attempts of the Government to obtain Designs and Tenders for the Council Chamber and Government offices, and stated there was now no alternative but to employ an architect to furnish a design, and as soon as this had been done, to commence the erection of the new building, under the Provincial Engineer.

Mr. Packer wished to enquire whether the Government had formed any idea of the probable Cost of the building. He believed that the works he understood it was the intention of the Government to cany out, would cost something much nearer £4,000 than 2,000, judging from the present price of labour and material. He thought that some approximation at the cost might be arrived at, even without the plans, at all events sufficiently near the mark by 100 or £200, so as to guide them their course. He thought that a portion of the building, that portion of it necessary for the use of the members, might be completed first, and the rest afterwards. He feared that difficulties would arise if fresh grants of public money were to be applied for. Mr. Hall said that no such estimates had been made, no designs having been received. The Government would of course take care that the sum of £2,000 which the house had voted was not exceeded.

WASTE LANDS' KEGULATION.

Mr. Hall pursuant to notice, then rose to ask leave to bring in a bill to levy a rate for five yenrs upon all land purchased under the new regulations. The hon. gentleman regretted that owing to the unpardonable and most, unaccountable neglect of the printer, he was unable to lay copies of the Regulations before the house. He was at a loss to account for this extraordinary delay. The documents had been returned several days since, with a few trifling alterations, which he considered would have occupied but an hour or two in their correction, but it seemed as though the Council as well as others were to wait the printer's convenience. He was obliged to ask the indulgence jjof the house and rather than again postpone the subject, would with its permission proceed with his remarks, making use of an old copy of the Regulations. Mr. Hall then proceeded with his remarks on the proposed regulations. (We are sorry that we are not able to <rive Mr. Hall's remarks upon this occasion. Our reporter informs us that he did not report them, because Mr. Hall offered to furnish him with a copy of his speech, but that he has not yet received it from him.) THE BEMOVAT, OF COL. CAMPBELL FROM THE OJFFICB OV KEGISTRAR. Mb. Hai.l hoped the house would allow the whole of the correspondence between Col. Campbell and the Local Government to be read. This would preclude the possibility of its being asserted that they had come to a decision without having all the facts of the ca.se fresh in their memory.

(The reading of this correspondence, which was exceedingly voluminous, occupied upwards of two hours.)

Mr. Hallthen moved tlie resolution of which notice bad been given, stating that it was for him a very painful t;isk, which on personal grounds he would gladly liave been spared. The office of Registrar of Deeds was held on the terms generally known as " good behaviour," and consequently any Government which dismissed the Registrar, could be called on in a court of law to show that his conduct warranted such a proceeding. It was for this reason that before taking any decided step, the Government wished for the opinion of the' Council. He would pass by the opinion expressed by the Council some time ago as to the impropriety of the original appointment of Col. Campbell; if he had since then discharged his duties in a satisfactory manner, he (Mr. H.) would never have .been a party to the present proposal. But, unfortunately, no impartial person could rise from a jfperusal of the correspondence before them without a conviction that there were other and incontestible grounds for such a course. Col. Campbell very soon declared that the interference of 'tlie Provincial Government would create confusion in his office. Mr. Hall then went into some particulars to shew that a large number of deeds had been detained by the Registrar on the plea that no regular draughtsman for the purpose of copying the plans on those deeds was attached to* the office, while at the same time the clerk in the office was perfectly able and willing, and had ample time to copy the plans. To provide for the copying of any plans of a complicated nature, there was at the Registrar's disposal an allowance of £25 for extra assistance; this, however, he had not availed himself of.* The detention of these deeds had caused very great public inconvenience, and in spite of complaints from the public, and remonstrance from the Government, theßegistrar persisted in refusing to permit the clerk to copy the plans; at length the Registrar's salary was stopped, and then the clerk was allowed to copy the plans. The spirit of opposition, however, manifested itself in other ways. When the Provincial Government asked for an official statement as to the completion of the registration of the deeds, in order that the suspended salary might be paid up, they were told in reply that the Registrar had requested the General Government t<> take legal proceedings against the .'Provincial authorities. Again, when applied to for some vouchers which were necessary to enable the rent of his office to be'paid he did not send them, but said that the rent must be paid from Auckland ; he was of course aware that the expenses of his department, including the rent, had been paid by the Provincial Council. Finally, when he was furnished with a statemeut of the charges against him, and invited to defend himself before the Executive Council, he flatly refused to do so, and indignantly repudiated this authority. The Public were now, by want of confidence in the Registrar, deprived of the benefits of registration of deeds, for by Col. Campbell's own statement the business of his office was nearly suspended while deeds requiring registration were every day being executed. Mr. Hall deeply regretted that the duty of moving the resolution had devolved upon him, •for he could not forget Col. Campbell's age, that the best years of his life had been spent in the public service, that he had been no mere parade soldier, but had often fought for his country, and that there were other circumstances in connection with his case, which made every one acquainted with them most anxious to deal leniently with it; but these considerations had really attained their utmost weight, and forbearance had been carried to its extremcst limits. If there existed any ground for hope that Col. Campbell was even now coming to a sense of his duty, and would work in harmony with the Provincial Government, the motion would not be pressed, but on the contrary, the spirit of hostility and obstructiveness increased, as lion, members must have noticed, as the correspondence proceeded, until at last, when called upon by the Government to answer the charges brought against him, he declared that he would not degrade himself by appearing before such a tribunal. How could any Government be possibly carried on, if its officers could be thus openly set it at defiance ? The duties of the Registnir <»f Deeds might, it is true, be comparatively simple <md easy, but their proper discharge was.of the greatest importance, any failure in this respect, or any indiscretion on.

the part of the Registrar might seriously affect the security of property, and influence the future peace and "happiness of families as well as individuals ; on this account, and also because his official position gave him an insight into the private aft airs of almost every family in the Province, it was essential that the office should lie filled by a person possessing in the fullest degree the confidence and esteem of the public. Mr. Hall concluded by stating that he was sure hon. members would, on the one hand, give weight to everything that could be urged in mitfgation of Col. Campbell's conduct, and that, on the other, they would remember the interests of the PtiMic were in their keeping, ami that if the safety of those interests called for the discharge of a very painful duty, they would not shrink from its performance. Should, however, any hon. member still entertain a doubt on the subject, he (Mr. H.) trusted that Col. Campbell would have the benefit of that doubt.

Mr. Bealey very briefly seconded the resolution, when leave was given to introduce thebill.

Mr. Bealey said he felt called upon to second tbe resolution before the house. He shared to the fnllest extent in the feeling of sorrow and grief with his colleague in the necessity for removal from office of one who had filled the station which Col. Campbell had done. In private life he esteemed him, and no one was more averse than he himself was to his removal from his previous office as Commissioner of Crown Xands; the necessity for such a course had been impressed upon his mind, and he had been upon tbe present occasion equally slow to concur with his colleagues in this instance- He could not forget that the demands of public duty, orercamefall private feeling, and after a careful study of the documents before the house, he felt bound to record his vote against him. Mr. Packer said although he felt bound to vote for the resolution, he was still disposed to object to much they had heard, and he should deeply regret the step the House was about to take. Col. Campbell as Registrar of Deeds was one of those legacies which Sir George Grey had left them. He believed there were circumstances in the case which clearly shewed that he had been deceived and imposed upon. The office was apparently thrust upon him by the Governor at the time of his removal from the Commissioner of (Drown Lands. He had been appointed to the office of .Registrar by the Governor without having in any manner sought for it, and he never considered himself as owing any allegiance to the Provincial Government;. on the contrary the whole correspondence shews from the first that he looked upon the office of Registrar as totally independent of it. When he did enter upon its duties, he ascertained that there had been in the time of his predecessor an efficient staff in the office, but as soon as he took possession, the Governor had deprived him of all the assistance which he had considered so essential to its full working. Ultimately his salary, which the Governor had fixed at £300 per annum,, was cut down to £200, and he was subjected to many other annoyances, which to a man in his position as- an old soldier were very galling. By whom too were these changes made ?. why by the very parties who had been most active in their objections 10 him as Commissioner of Crown Lands. He felt they had much greater reason to complain of Sir George Grey, who ought to have known his inefficiency. The time had come when he thought Colonel Campbell could no longer retain the office with either prudence or benefit to the Province. There was a^ consistency in the very course of obstinacy which he seemed to pursue, with so much deteimiuation against the Provincial Government, and he believed he never would recognise the right of the Executive Government of the Province to interfere with him. He thought therefore as there had been something wrong, misapprehension or misunderstanding, that some compensation ought to be given to him. He hoped that Col. Campbell would be induced to try the question in a Court of Law, in order to test the power of the Provincial Government over «'n officer so appointed by the Governor.

Mr. Dampikr did not like to <>ive a silent vote upon an occasion when the Council was about to adopt a course of so serious a character as the (iisiniKsal'-uf an ol<l officer. He would j»rav lion, gentlemen to look caj"efnlly at the circumstances of tlie case. Colonel Campbell had been appointed to hus office by the Guver-nor-in Chief, ai:d before the Empowering Ordiuance became law; by that Ordinance he eon

tended that the authority, of the Provincial Government was prospective, and therefore the house had no right of removal. But what had occasioned all the evil ? Colonel Campbell had been placed in a wrong position, and everything had been done to increase the irritation by the way of taunt and annoyance. He was, it was true, unpopular as Crown Commissioner' of Waste Lands; there he was pursued with a spirit of hostility, nor did this system change with the change of office. Again it should be borne in mind that when he was appointed to the office, the salary was £300 per annum, and he found a managing clerk, a copying cleric, and a draftsman—a staff unable of giving full effect to all the requirements of the office— but how had things changed ? The salary had been reduced to £200, and the officers cut down to one clerk, who was to be surveyor, draftsman, copying and managing clerk. He had no desire* to disparage Mr. Williams, but he should much regret his being charged with the duty of draftsman. It was a situation demanding skill and the practical knowledge of the surveyor; and Colonel Campbell ought not to have been deprived of such assistance. Had a professional opinion been sought, as it ought to have been, there would have been no doubt of Mr. Williams' unfitness, that he was not calculated for the office. It seemed to him CSJr^ Dampier) that there had been a secret motive for this reduction of the establishment and curtailing of the salary, and he feared it was a desire to get rid of him ; he could find no real grounds for a charge against Colonel Campbell —the neglect of duty in the shape of delny was not his As regards the opposition to the Provincial Government, he must undoubtedly admit there had been a vast deal of perversity, and that seemed to have grown with the correspondence. It was to be remarked, however, that the first provocation was the stoppage of the supplies, and the Executive seemed to be well aware that one of the chief means by which the Registrar could be reached was by means of the pocket. It was true that Mr. Compton's and other deeds had been detained a considerable time, but it arose from incompetent assistance, and it was only when he was driven to their return that the plans were made,, but they were then made at the risk of accuracy, and they might possibly yet be returned to the office on the ground of their imperfection. There was a prima facie evidence of his being under the General Government, and not under the authority of the Provincial Government. He was directed to furnish the former with duplicate accounts through the Auditor-General. Until he had been removed or his appointment cancelled by the higher power, the appointment of a successor would be hazardous, and the house would stultify itself by coming to a vote which it could not give effect to. He should prefer a careful selection from the correspondence being made and sont to England for the decision of the Home Government, and that its decision should be finul. The Provincial Government ought at least to pay Col. Campbell the original amount of salary which had been awarded to him by the Governor-in-Chief.

j\fr. Rhodes would not be unwilling to rote the Colonel a pension, but he could not consent to his retention of the office.

Mr. Bowes had great difficulty in coming to a decision. It was an occasion on which personal feeling must yield to the duty they owed to the Province. He believed Col. Campbell was unfit for the office, and he must record his vote against him, but he could not see how any allowance could be made to him ; if it had been possible he would very cheerfully have supported it.

Mr. Haix briefly replied : There could be no doubt the Rejrisirav of Deeds \*ns ;ni oflicer of tbe Provincial Government. He was appointed by Sir George Grey, but subsequently tbe Empowering Ordinance conferred upon "the Superintendent all the powers wbicb, under tbe Registration Ordinance, were possessed by the Governor—put him, in fact, in tbe place of tbe Governor. A letter bad been received from Auckland declining to interfere, in ibis case, with the authority vested in the Superintendent. Mr. H. shewed by a reference to the correspondence that Colonel Campbell was conscious be was under tbe !<-<ral control of the Provincial Government. As to the reduction o r tbe establishment of the Registry Office, he liad already said ibat it bad no reference to the bolder of the office; as soon as the office was placed under the control of the Provincial Government

its first duty was to consider the nature, and amount of the duties, and the number of the staff, and they were found to be excessive. The clerk left in the office was, even now, not fully employed. It had been objected that the clerk y was incompetent to transfer the plans upon the deeds } it was, howeveiy a very simple matter in , most cases ; but his fitness was evidenced by-* the fact that he hud been so -employed bUh before and since Colonel Campbell's appointment. Then the lion, gentleman suggested that the ooirespoudeuce should be sentto England; they had been spared this duty, for Col. Campbell had, it appeared, already done so. After, however, the manner in which they had just heard that the nearly unanimous wishes of the New Zealand Colonists had been treated by the Home Government, either for CoL Campbell or the Provincial Government, to expect justice from Downing Street, would be little better than an idle dream. .

The resolution was then put by the Speaker and carried.

auctioneers' licensing bill,

The house then went into Committee on the Auctioneers' Licensing Bill.

Mr. Hat.l, on behalf of Mr. Hamilton, who was unavoidably absent, moved that an alteration, the effect of which would be, to retain the License fee at its present amount of £40. The only difference to be made in the present law will therefore be the granting permission to the license to he taken out at any period of the year, provided the fee ioHhe whole of the current year be paid. ".:; The clause was agreed to. Mr. Dampieb. moved the introduction of a clause to enable auctioneers to act as sworn appraisers. Much inconvenience arose from the absence of such an officer in the Settlement in the cases of distraint. It was not intended to render the act compulsory, because, here, the fee was £40, in England, it was only £2 65., and of course a very different class of persons were found, for the purpose. Mr. Hall agreed to the introduction of the clause, when the bouse adjourned.