The New-Zealander.

New Zealander, Volume 5, Issue 343, 18 August 1849, Page 2

The New-Zealander.

Be just and fear not: Let all the ends thou aiins't at, be thy Country's, Thy God's, and Truth's.

SATURDAY, AUGUST 18, 1849.

The debate on the second reading of the Crown Titles Bill, which, as we have repeatedly been told from the Presidential chair, is, par excellence, the Bill of the session, was resumed in the Legislative Council on Thursday, Mr. Merriman having declined to urge further delay at that stage of the measure. Passing over the incidental comments made on various details, which Avere scarcely in order then, as they might more properly have been reserved for committee, the main objections urged against the Bill were, that its enactments are restricted to the Northern Province, instead of extending, as it was contended such a measure should, to NewMunster also ; — a step which the present Council need not hesitate to take, as the enactment was one not of taxation but of relief that even within the local sphere of its operation it did not go far enough, being restricted to the quieting of Crown Titles, whereas it should be extended to all defective titles to land -.—and that there was palpable injustice in the 9th clause, which, — in dealing ■with the cases of those who, being unable, on account of the opposition of the natives, to obtain peaceable possession of their land, are to have the right of selecting other land of equal value m its stead — while it fairly provides that the land to be abandoned shall be appraised by judges chosen by the claimants and the Government respectively, unfairly, as is contended, regulates the price of land so to he given in exchange for it, not by appraisement, but by the upset price at which it had been previously offered by auction. To the first of these objections it was replied by the Governor that the measure would impose more of taxation than had been asserted, inasmuch as it would levy on the province the costs of extinguishing the native titles, it would considerably affect the land fund, and it would lock up extensive tracts of land where grants are situated, which could not be disposed of until the selections to be allowed under the Ordinance should he made. A measure having such results should not be applied to the Southern Province in a Council in which that Province n<* m iepre3?ntative. Moreover it should be

remembered that the property in land there, is at p.iesent vested not in the Crown, but in the New Zealand Company. .. .The second objection was met on the ground that the very name of the Bill declared its limitation to the cases arising out of Crown grants. Land claims must be held as determined by the decisions of Courts of Law, — submission to which His Excellency avouched as the principle by which he desired to be uniformly guided. To the third point his answer was that, independently of the reasons of policy on which the plan laid down in the 9th clause might be defended, it was leally the only course that could be pursued, as the upset price had been fixed by an Act of Parliament which precluded the possibility of the land being given at a lower rate. Other particulars were tv ticed in the course of the discussion which, as we have intimated,will again and more legitimately come under review in committee. The Bill was then read a second time. The Committee is named for Monday, it being understood (although not formally ruled) that the Council will meet daily next week, in order to proceed more rapidly with this measure. Such an arrangement was urged by the Governor, [because, as he stated, he had within three or four days received a communication which rendered it necess iry for him to go to another part of the colony at the earliest practicable day. Having adverted to this, we may add here that, during the discussion on the Estimates, His Excellency assigned as one reason why the offi ce of Lieutenant-Go-vernor should be permanently supported in this Pravirce, that he would himself probably be absent from Auckland, for more than six months of the next year. The consideration of the Estimates was entered on with the keenness of scrutiny which the argumentum ad crumenam usually calls forth. •• Kill a man's family, and he may brook if, But — keep your handout of hn breechet pocket." Mr. Merriman played the part of Joseph Hume on the occasion, with no unworthy fidelity to the exemplar of his acute and indefatigable original. For the pros and cons advanced in relation to the various items, we must refer to our report, which, however, we are compelled to postpone till our next. From that it will be seen that in the votes agreed 10, (which were, for the Governor and Establishment, the Native Secretary's department, the Clerk of Council, the Colonial Secretary's department, the Colonial Treasurer's department, and the Audit department,) the only changes were augmentations of the amount to be raised. Few, however, will cany their views of financial economy so far as to object to these augmentations, extending as they did merely to fixing the Colonial Secretary's income at the same rate as before, and making additions to the salaries of two or three hard-working and meritorious clerks, whose services it will be admitted on all hands, have been but inadequately requited. The Estimates are to be proceeded with to-day, when it is to be hoped that Mr. Kempthorne, who left the room when the subject was coming on, may be able to favor the Council with the benefit of his presence, as there is no part of the proceedings at which the public may more justly expect the non-official members to be attentive and vigilant than this. In connection with the subject, we may refer to a letter in another column, signed '•Cipher." Without pledging ourselves to approval of all the views advocated in it, we think the remarks entitled to attention as the temperately stated opinions of an experienced, intelligent, and respectable colonist.

We are happy to find that the views expressed in our last on the present position of the Marriage question, are those substantially taken by the Committee appointed at the late Public Meeting. That committee, having been not merely charged with the necessary arrangements for the presentation of the Memorial to the Grovernor and Legislative Council, but also empowered to adopt such further steps as circumstances may indicate for conducting the movement to a satisfactory issue, met on Thursday, and unanimously agreed to the following resolution :—: — " The Standing Committee appointed by the Public Meeting on the subject of the existing Marriage Ordinance, considers that, in answer to the Memorial of that Meeting, the Government has pledged itself to introduce at tlie nex.t session of the General Legislative Council a comprehensive measure which will place all religious denomination! unequal ground ; and at its earliest convenience to publish in the Government Gazette the di aught of the Bill or Bills to be proposed for this purpose. And further, that, in order to remove the practical difficulties arising from the operation of the present Ordinance, the Governor is willing at ©nee to appoint the Ministers of the aggrieved Churches as Deputy Registrars in their respective districts." This resolution, embodies the substance of the arrangement in which, as a temporary expedient, preparatory to a final settlement of the question, we expressed our acquiescence. We can see] nothing in it which any Minister need repudiate as a lowering of his dignity ; or should refusa to undertake, during the short interval in which his services as Deputy Registrar will be required for the relief of the people of his charge. The subject, however, will not — cannot — be permitted to dwindle into forgetfulness. The interests involved in it are sufficiently important to keep alive a solicitude which will not

be the less anxious or active, because , for a while, the outward manifestations of it maybe suspended. The Committee, will, we doubt not, both collectively and individually, feel bound to watch over the progressive steps towards the attainment of equality of religious privileges in the matter ; and as for ourselves, we shall always be ready to give to every prudent effort for this end, our best support. We shall however, always treat the subject as we have hitherto done, and as we desire to treat every public question, without the introduction of personal attack, and still more carefully without the imputation of sinister motives to any individuals. Our province, as we understand it, is to deal with measures rather than men. We make this observation the rather because we find in our contemporary of yesterday an article on the subject of which we cannot approve, and the tendency of which (we will not offer any opinion as to its object) is to produce a false impression respecting the views formed by the gentlemen who had an interview with the Governor on Monday, as to the character and results of that interview. We think we may affirm that those gentlemen have no sympathy with the tone or bearing of several passages in the article referred to.