LEGISLATIVE COUNCIL.

Lyttelton Times, Volume VI, Issue 402, 10 September 1856, Page 5

LEGISLATIVE COUNCIL.

Aug. 7th, 1856. Present; the Speaker, the Attorney-General, Messrs. Gilfillan, Richardson, Tancred, Sir S. Osborne Gibbes, Bart., Major Kenny, Messrs. Salmon and Richmond. The Speaker took the chair at 2 o'clock. DIRECT PURCHASE OF NATIVE LANDS. Mr. Gilfillan on rising to ask the hon. the if it is the intention of the Government to introduce this session any measure to legalise the direct purchase of lands from the natives' —said he begged to assure the Council he Avas fully impressed with the importance of the subject, and for that very reason he had brought it forward in this shape, in preference to having any debate on it till at all events the Government had expressed an opinion. For he believed the Government alone could deal with the matter. His own opinion was that the time had now arrived when something in this way should be done; looking at it as for the sake of the natives, he thought it should be dealt with. The large quantity of land in their possession now unpeopled, and therefore, untilled, was of no real value to them. It induced them to lead a wandering unsettled life, fatal to all hope of their advancement in the scale of civilization ; fatal, in a great degree, to their being influenced by those higher considerations to which the teaching of Christian missionaries had been directed for so long (hear, hear.) The Native population of the Province of ■ Auckland, was in some respects our weakness, and in others our strength. He (Mr. Gilfillan) believed and hoped hon. members would agree with him that with proper treatment they could be made far more our strength than our Aveakness. He felt assured that no one there present would wish to disturb or to discourage the great experiment which was being made of trying to raise the Native race as far as possible to the same platform as .ourselves-. They have been declared British subjects. They were allowed to buy and sell and make traffic in everthing but in their own land—except in the very thing of which they had a surplus supply.'" Why should this prohibition be continued ? Some change also was become necessary for the sake of the colony. As regarded land, things had come to a dead lock. The Natives would not sell to Government. The Government would not allow the . Natives to sell to Europeans. This could only be. remedied by allowing the Natives to sell their own land. Let them by all means in doing so have every proper safeguard; let Government frame the machinery under which such sales should be made. But do not lock up the country_ any jlonger or leave what might be fertile plains to lie barren and desolate any longer. The Attorney-General said that the answer to-be given to the question, as it had been put would be a simple one ; —the introduction of any such measure was rendered imuossible by the 73rd clause of the Constitution Act, But he would net confine himself to that answer. It was, (he was fully prepared to admit) very desirable that some change should be made in tho mode of acquiring land from the Natives, but it would require great care and consideration. In tne three northern provinces, and especially nvthe Province of Taranald, they were in a very dmerent position for acquiring 'land from what they were in the in the provinces of the South, where large blocks were readily obtainable, whilst m the Northern provinces land was only Obtainable from the natives in small blocks and

at large prices. He thought that, from the construction of the Constitution Act, it would be impossible to take the purchase of Native lands from the hands of the Crown and to transfer it to those of private persons. Were that to be done, they-would again become entangled in all the difficulties which had caused confusion, for so many years past, and from which they had sought to escape by a bill, this day received from the House of llepresentatives for the final settlement of outstanding claims. He considered that some such arrangement as the following might be advantageously adopted, that is, that when any person should find a piece of land which the natives were willing to sell, the intending purchaser should deposit, the price with the Government, and that then the Government should effect and complete the purchase and make the grants. This would obviate the necessity of the Government's purchasing large blocks as heretofore, at a large outlay, which had the effect of locking up capital needlessly. By some such system as this it would allow the country to be opened vp —avoid many difficulties and dangers, and enable parties to acquire and 'employ land in a manner much to be desired. He had himself drawn out a bill on this subject, as it had long occupied his attention: in the principles of which bill, he might say, his colleagues concurred; but of course it rested with the Governor, who did not yet see his way clear in the matter. With respect to the financial bearing of the question, there Avas this dim-' culty that it would, extinguish the territorial revenue; therefore, as long as the other provinces continued to purchase blocks of land and to raise territorial revenues, a system of direct purchase would ignore that revenue, so that it would necessitate the financial part of the question being adjusted by a conventionwith the Southern provinces. With respect to the proposal of granting Crown Grants to the Natives, it was a measure which he was inclined to look upon with favour, and in that, view his colleagues concurred; but he would like to see the issue of land titles to Natives tried on a limited scale, before it was adopted as a system and largely entered into. Looking to the fact that the Governor had the sole power in all native matters, he was inclined to think that as much had at present been done in furthering this matter as could be wished. DISPATCH OF BUSINESS. On the motion of the Attorney-Geneeal, the standing rules were suspended for the remainder of the session, for the purpose of passing bills through all their stages. LOCAL POSTS BILL. On the motion of the Attoe^ey-Gexebal, a bill for the establishment of local posts throughout the provinces was read a first time, and ordered to be read a second time on Friday. CUSTOMS DUTIES ACT. In moving the second reading of this act, tlie Attoeney-Geneeal bestowed a passing notice of the previous Customs Acts, showing their cumbrous and objectionable character, duty being levied.upon a vast number of articles which were often included in the same entry, and which were productive of conflicting arguments whether the duty should be charged upon the article valued highest or lowest in the package. Ad valorem duties were very objectionable. It was a faulty principle. Goods had frequently been entered at" less than half their value, to the great and serious injury of the fair and conseiencious trader. There were instances where seizures had realised more than double their declared value. The honourable and learned gentleman entered into a clear and succinct detail of the objects aimed at in the simplification and condensing of the tariff now proposed. He passed in review the information that had been derived from the mercantile communities and others, of Auckland, Wellington, Nelson, &c; and also from the Collector of Customs at Auckland. He compared and verified the correctness of the opinions adduced, by referring to the existing tariffs of South Australia, Victoria., Tasmania, and New South Wales, demonstrating that the rates that had been fixed had been well and carefully considered, and that the tariff now'proposed was not only equally simple, but equally, or more moderate than those of the Australian colonies. After a cursory allusion to the opposition that had elsewhere boon made to the measure, he said that the bill had been brought forward, and was based upon sound principles, which, in practice, would lead to the

most beneficial results. He maintained that articles of luxury were those that had been most heavily taxed, such as spirits, wines, beers, &c. If the revenue could be raised entirely from spirits, he would have no objection. As it was, every care had been taken to adjust the burdens in a just and equitable spirit. Under ■Bie old tariff, the Customs revenue had been estimated to amount to £112,000, under .the present tariff it might probably produce £120,000. After a very able and comprehensive exposition, the honourable and learned gentleman concluded by moving the second reading of the bill.

Mr. Gilfillan asked permission of the Council to second the motion. He did so in the first place because he counted the measure itself as a great boon to the commercial community, and in the second place it was hut fair that he should support it after what had passed a week ago, when his honourable friend the AttorneyGeneral parried with such dexterity his (Mr. Gilfillan's) question on this subject. He was anxious also to say that the way in which the Government had introduced the bill entitled them to the thanks of all interested in it; for it had been brought forward and carried through the house in a way which prevented anyone having an unfair advantage. He was happy to see it now after the opposition which had been offered to it. In conclusion, he begged to thank his honourable and learned friend and the-ministry for the candid and liberal spirit in which they had" accepted certain alterations suggested since this -bill had passed the other house, and he felt bound to thank them also on bekalf of others as well as himself for this bold, straight-forward, and statesman-like bill (hear, hear). Major KeS"ST cordially approved of the measure. He was entirely ignorant of there being any opposition to the measure elsewhere : but, be that opposition what it might, he heartily congratulated the ministry on the moral courage they had exhibited in bringing forward so valuable a measure. Dr. Kichaedson said that both in the principle and the details of this measure great courage and judgment had been shown. J3y its means the revenue of the colony would be increased and the burdens of the people diminished. By this measure the mhuVtry would- become the most popular that had ever been formed in New Zealand. If any opposition to the measure really did exist, it could only arise from jealousy of a ministry that had had the good fortune to originate it. The Attokxey-Gexeeal observed'that the suggestion of altering the tariff had emanated from the Governor—at the same time the responsibility of the measure, rested, as a matter of course, solely with ministers. The honourable and learned gentleman here quoted from a blue book, to show the beneficial results that had attended the substitution of a tonnage for an ad valorem duty at St. Helena. The bill having been committed, was passed through all its clauses, read a third time, passed, and conveyed to the Representative Chamber by the Attorney-General and Mr. Gilfillan. The Council adjourned at half-past live.