GENERAL LEGISLATIVE COUNCIL. Thursday, August 16, 1849. (Continued.) Appropriation Bill.

New Zealander, Volume 5, Issue 344, 21 August 1849, Page 2

GENERAL LEGISLATIVE COUNCIL. Thursday, August 16, 1849. (Continued.) Appropriation Bill.

On the motion of the Colonial Treaiurer the Council went into Committee on the Appropriation Bill, Ou it being moved that the mm of 4?BfiO should be voted for the Governot 's Establishment, Mr. Merriman objected to the salary of £400 for the Lieutenant-Governor being charged on the Province, as he considered that the Colonial Secretary might perform the duties, at he had done before tha charter came into operation, in the Governor's absence. As to the sums of £200 each for the Private Secretary and his assistant, as attached to the Lieute-nant-Governor's establishment, he objected to their being voted, and proposed that they, with the Lieute* nant-Governor's salary, should be struck out. He thought that the messenger's salary of £60 was disproportionately high to the salaries allowed to messengers in other departments. The Governor said that the new Charter rendered the office of a Lieut.-Governor necessary; and also, in order to proper attention be in? paid to the public service, he thought that such an appointment was vety expedient. He was sure that a great many of the irregularities that had taken place in former timer, while the Governor was absent at other parts of tba colony, might be attributed to the absence of anyone qualified to carry the Government on. As to the Private Secretaries, he believed that some misundorstanding had arisen concerning their duties. Thega

officers were part of hit own itaff ; and considering the amount of business that devolved upon him, he thought that his itaffwai the smallest of any officer of a similar rank in the service of the colonies. The work of his office was more than could be properly performed ; it had become more extensive since the Charter came into operation, for all the despatches from the Lieute-nant-Governor, which were formerly forwarded direct to|the Secretary of State, were now sent to him, and that alone increased the work of bin office considerably. , ■ Mr. Kempthorne would rather that the salary of the Lieutenant-Governor was fixed at n daily rate, to be paid only while that officer served in the absence of the Governor-in-Chief. The Colonial Treasurer thought that he should he paid at the same rate of salary received by (he Lh utc-nant-Governor of Npw Minister, and moved that hih salary should be at the rate of £800 a year, for wh.u«?ver time he served in the Governor-in Chief's absence from the capital ; which whs seconded by Mr. Kempthorne. On the Governor statins: that he would most likely be absent for more than six months of the next year, and that no saving would be effected by the arrangement, the motion was withdrawn, and the amount ctood as printed. On tlie sum of £477 15i. being moved for the Native Secretary's department Mr. Mernman said that the duties of the law officer of this department might he combined with those of tbeCrowu Solicitor. The Governor and the Attornpy-Gene i< ol explained why these offices should be distinct, so that nativis Juving law suits, pei hups wi'h the Government, should not have any reason to think that their intertsts were not lmpartiHlly attended to. The salary for the law officrr wan allowed to stand over un'il that for the Crown Solicitor came under comideration. On the motion for £1117 10s. to itand for the Colonial Semtarv's department, Colonel Hulme proposed that the salary of the C lonial Secretary should be £500. Mr. Baritow would rather that the question should a' and over until it was ascertained how much could be re 'uced from the departments ; but baid that he would piopose th't the salary of the second cleik should be raised to £175. The Attorney-General said hec uld not ngree either with the gallant member who had proposed that the salary of the Colonial Secretary should be raised from .£4OO to £500, or with the suggestion of the honorable member on the left (Mr. Biirstow) thai the question should stand over, in order that the s.il.iry should be raised if it was found that a sufficient i eduction could l>e squeezed out of some other depaitment. lie (the Altorney- General) thought that the question should be considered independently and entirely on its own meiiu, and that the amount of the talary should not be made to depend on any such contingtney. The rrte of salary, he thought, sbould be fixed on one of these two principles— either with reference to the duties, importance, and responsibility of the office-— or with leference to its previous amount, He thought it a moot unsound principle to pay a public servant disproprtionateiy to the length of his service ; and that if a change was ever made in the amount it should be for the purpose of increasing it. '(he salary having been originally fixed at £600, with an annual inciease of £10, and believing that amount not to be higher than 'ought fairly to be paid for the services per. formed, he was himself disposed, if be ihouuht the Council would sigtce to it, to propose that the amount of the Colonial Secretary'i salary, instead of beini? fixel as ptoposed on the 'Estimates at jC4OO, i-hould be restdred to its original amount; and, indeed, however the Council m ght dispose of the question, he w^uld at once make a motion to that effect ; and, in order to act strictly up to the principle, he would at once move asan amendment that the salary of the Col >ni.il SecKdtary should be placed upon the E^timdtca at the .sum of £640. Mr. Merriman se. onded the motion ; and also that of Mr. Barstow, for an increase of £25 to the salary of the second clerk— itating that he would like to <;ee the same principle that had been suggested m hiv Excellency's minute for the regulation of the salar.ei lor the heads of departments applied to cleiks likewise, and a [widow's pension fund establisind amongit government officers thenoielves. The Colonial Secretary's salary was voted at jC643, and the second clerk at £175. On the sum of £870 bein^ pn posed for the Colonial Treasurer's depaitment, thejColonial Treahurer brought the salary of the clerk of that department under notice, sating thnt the amount of £200 was not tommeniuarate to his services, for were he to leave the office no other two clerics in the serrice could supply his place. On the mot'on of the Colonial Treasurer, the clerk's •alary was agreed to at £275. Ou the motion for £450 to stand for the Audit Department, the Colonial Treasurer remarked that the Auditor-General was, in his opinion, badly paid for the icsponsible duties that devolved upon him. He thought that gentlemen, holding offices of sudi great importance, on the p toper fulfilment of the duties of which depended, in a great measure, the efficient woi king of the public service, should be paid proportionately to their veiy important and onerous duties, even although the other items of miscellaneous expenditure might be curtailed. He would, therefoie, move that instead of £300, the sum of £400 be voted for -that officer. The Governor said that although he held the gentleman who filled the office at present, in the highest esteem, as one who had not only done essential service in his department here, but in another colony pieviously yet he could not agree to the proposal ; nor could he adopt the principle just suggested of taking away from . the miscellaneous expenditure, sums of money to add to the salaries of officers, be they ever so meritorious. If such a pan were followed out, the Treasury might only be kept open for the payment of officers whose only business would be to see to the payment of each others salaries. Mr. Merriman objected to the motion ; but moved that £25 should be added to the clerk's salary, which *was agreed to. Committee then adjourned.

Crown Lands Bill. On the motion of the Colonial Secretary, the fur* ther consideration of the bill was postponed until Saturday. Colonel Hulme rose to move that a sum of money bo voted for the re-erection of Government House, and said that he was absent from the colony when the former Government Houie was burnt down, but he believed that His Excellency had suflercd many hardrW«i on that occasion and subsequently, by being 10 ijHLntaneously deprived of a home. The home he now occupied was not convenient and by no means suited to the dignity of his office > bes.des, in the event of His Excellency being promoted to another government, his accessor, if he should have a family, would be much inconvenienced on his arrival by the want of a suitable house for his reception. Major Matson seconded the motion. The Governor thought that if «uch a mm were voted by the Council for the purpoie of providmg a residence for the Governor, the amount would soon be saved to the colony in lodging money. His own thoughts upon the lubject were, that tue prcient hou

pital might be made to answer, with a little expense, the purpoics of a Government House for some time, that was, if the mm of any .£lOOO were voted for the erection of a new hospital on a more convenient site j and when the colony should be in a better condition to erect a permanent Government House, the present hospital buildings would be well suited for a High School, which it would he most desirable to establish at no distant date. The Colonial Secretary and Mr. Merriman expressed themselves in favour of His Xx ellenov's plan. The Attornpy-Geneml said it appeared <hat the Council were unanimous as to the principle of the motion ; indeed, there scarcely could be room for doubt that provision should be made for the uccom modal ion of (he Governor of the Colony suitable to I he rank, stalion.and dignity of Her Majesty's Repretirntative,— -the only consideration was the best means of effecting the object. It appeared to him (the Attoniey-Gunerul) that it would be desirable that a plan and estimate of c nverting tl c hospital in Iho domain into a Government House, and also a plan and estimate for building a new house on the old site, should b« laid before the Council, in order that they mighc lnve an opportunity of forming an opinion as to the belt mode of carrjing into effect the object on which they were all agreed. Further consideration of the proposal was postponed until the Miscellaneous Estimates were before the Committee. Mr. Merriman moved for the following returns :— Return showing the expenditure incurred in locating the Pensioners at Onehungti, Iluwick, Panmure, and Otahuhu, respectively — showni>r the number of rottages erected and expense thereof— cost of breaking up, the acres and the quantity so broken up, the number of cattuges now occupied, rates of pay given to the privates and length of tune each rale has continued, civil pay to the various officers, number of men that has been in the hospital and length of confinement with the rates of pay drawn while so in hospital, number of cases of drunkenness brought before the magistrates, amount of money advanced to pensioners to purchase *-tock ami furniture, from what fund advanced and bow applied, and to what fund ultimately chargeable. A Return of all summonses issued from the Resident Magistrates Court at Auckland, beiween the Ist of January and the Ist of July, 1819, shewing in how many cases the debt or damage claimed was under 40 shillings — exceeding 40 shillings and under £5—5 — exceeding £5 but under £ 10 — exceeding £10—distinguuhing under each head the number of cases in which judgments have been given for the plaintiffs. A Re urn for the amount paid from Colonial funds for the transport of pensioners and their families to this country. A Return of the amount due from the colony for the transport of the petitioners and their families to this country. A Return of the total nunber of Pensioners and their families introduced into this country. A Return of the extra expenses beyond the pay of the policemen incurred in serving summonses from the Resident Magistrate's Court. A similar Return from the Resident Magistrate's Court at llovvick. Mr. Barstow moved for the following : — Return of appropriation of parl.amentary grant for the service of New Zealand for the years 18b0-51. Return of stringth of police force, wtih daily itate and distribution at present tinoo. The Attorney Geneial gave notice that he would move that the Council should go into committee on the Ctown Titles 13 ill on Saturday. The Governor stif,'£ stsd that the Council would perhaps do well to meet eveiy day until the Crown Titles Bill should be disposed of, so that their undivided attention might be given to it. Mr. Merriman thought that the Attorney-General should not move for the committee on the bill until there were a greater poit'on of the returns printed.. The Governor said that he rould not remain in town until the, whole of those returns were punted; he had received a letter, bince the Council met, that called for his attendance, with as little delay as possible, at another fart of the Colony. It whs then agreed that the Council should meet every day of the following week, and enter upon consideiation of the Crown Titles Bill on Monday. The Colonial TriaMirc- gave notice that he would move the further cocsidtsiakon of the Estimates on s?aturduy. Council then adjourned until Saturday at two o'clock"

Saturday, Auousr 18. Present: — The Governor-in-Chief, the Colonial Secretary, the Attorney-General, the Colonial Treasurer, Mr. Merrinwi, Mr. Barstow, Lieut.-Colonel Ilulme, Major Matson, and Mr. Kemplhorne. The Colonial Clnplain read piayers. Minutes read and confirmed. Mr. Merriman presented a second petition from a number ot the inhabitants of this Province relative to the Crown Titles Bill, praying that ?he last clause of the 8.1 l might be struck out. Petition received. The honourable member also presented the following petitions, which were read, received, and ordered to ba printedTo His Excellency the GovKRNOR-iN-Cmßr of New Zealand and the Honorable the Member! of the General Legislative Council now assembled. The Mcmoriul of the undersigned Stockholder! and Grazieis of the Province of New Ulster, Shewcth, That as the " Crown Lands Bill," now before your honourable Council, affects so deeJly the present holders of stuck and the general prosperity of the Colony ; and as this Bill has undergone considerable alterations in committee, we would lespectfully iequest your Excellency and honourable Council to have the Bill reprinted with theie alterations, and circulated for general information before proceeding to the third reading. We would furtl'er earnestly press upon your Excellency and honourable Council the necessity of hearing evidence before the Council— of stockholders or others competent— as to the extent of the pasturage on the Crown Lands, as want of sufficient information on thii subject will be attended with .serious loss, both to your memorialists and to the gi ncral community. We are led to prefer this request from certain statements made in Council by your Excellency and the SurveyorGeneral as to the extent of the pasturage on these lands, which are altogether at variance with our own experience.

To His Excellency the Governor. in-Cihef, and the Honourable Members of the Legislative Council, in Council now assembled. The Memoiialof the undersigned, Stockholders and Graziers of the District of New Ulster, Most reipectlully Sheweth, — That your Memotia'ists see with pleasure that the question of permitting European! to lease land direct from the native holders has been entertuined by your honourable Council. It being their full belief that any such relaxation of the atringences of the Native Laud Purchase Ordinance would afford the most effectual relief to the

Stockholders of this Province from the difficulties under which they are labouring, your Memorialist* have read with surprise and astonishment statements made in your honourable house, that the Crown lands nlone are sufficient for the pastoral requirements of thm Province; your Memorialist! being unable to reconcile such assertions, either with the results of their own experience, or with the difficulties with which they themselves have met in obtaining suitable locations for the depasturing of stock. That such statements, if buffered to remain without comment, are calculated seriously to influence the Council ag-iinst the introduction of a Squatting Ordinance ; and ynur Motnonalnts therefore pray, that your Honourable Council will consent to receive evidence at the bar of (he [louse as to the sufficiency or insufficiency of what aic now reckoned Crown lands for depasturing purposes, from such persons us, from their experience and knowledge of tkecouutry may be considered entitled to attention.

ApFßomiATioN Bill. On the motion of the Colonial Treasurer, further consideration of the Estimates was proceeded with. The Governor la d on the table several of the Returns that had been moved for on Thursday. On the motion of Mr. M niman, the salary of the clerk in Hie Survey Department was raised to £150, and that of tha me singer to £52. Ilie sum of £221 10s. was agieed to for the Department of Public Works. Tue Road Department was allowed to stand over. On the motion for the sum of £300 for Commissioner of Crown Landi, Mr. Bnntow moved that the sum be struck oof.u f . Mr. Merriman seconded the motion, and said that if it were impracticable for the SurTayor-General to fulfil the duties, he thought the offices of Resident Magistrate and Shei iff might be combined, go at to relieve the present Resident Magistrate from his duties in that office, and then combine his present office of Commissioner of Police with that of Crown Lands Commissioner. The Attorney-General thought, that on such an arrangement it would be uterly impossible to carry out the objects of the Crown Lands Bill. The Governor would vote against tucli a reduction, as be believed that if the arrangement just proposed were carried out, there would be nothing but a perpetuation of the confusion that had existed in this colony in relation to Ciown Lands, lie was empowered by the Charter to appoint such an officer, and it would be competent for him to charge his salary upon the Land Fund. He had put the salary on the Estimates, so that every item of expense might appear; but if the Council thought proper not to vote the sum, he would only hive to make the sulary a chargo upon the land fund . After an animated discussion, in which nearly a'l the members took part, the amendment to strike out the salary vvai pressed to a division, and the gallery was cleared. On the public being admitted, it was announced that there were — For the amendment 3 Against it 7 The sum of £300 then stood for Commissioner of Crown Lands. The sum of £'166 was agreed to for the Post Office department. On the sum of £1820 10s. being propoied for the Customs di pirtn c if, Mr. Barsiow moved thst £100 be added to the Collector's salary, which, being secondpd by Mr. Merriman, wns agreed to, the Governor sti tng that he would leprjsent the wishes of the Council to the Commissioners of Customs in England, but would not conwider himself authorised to pay the salary until he received their approval. The sum of £262 for tha schooner Albert was agreed to. The sum of £874 sa. was agreed to for the Harbor department. On the sum of £4216 6s. being proposed for the Police depntment. Mr. limstow stiid that a great reduction wai necessary in the expense of this department. It was a most fearful item of expenditure, and much of it, he thought. unnecessary. It appeared from the distribution of the force that it took nearly £1000 a year to keep up a police ut the pensioners villages alone. He thought that the pensioners should do this duty themselves, which might be practicable by appointing men from one company to act in the villages of other companies to wuich they did not belong. The pay also, to the privates appeared too high : it was more than any farmer could afford to give hurd-working labouring men. The Governor thought that, when the population of the country amounting lo ntnrly 60,000 or 70.000 souls, was taken into consideration, and the character of that population as well, it would only be matter of surp ise thot so small a force was made to do the »ervice. He hud taken care to hare the force of the army in the Province concentrated as much as 'possible at Auckland, and the outer stations supplied by the police, so that they were scattered all over the country. The presence of a. party of them at Monganui had proved very conducive to the peace of the country ; and elsewhere also their services had been of much value He believed that the employmrnt of the natives in the force had done more than anything clue to induce the aborigines to retort to our courts of law initead of to violence for a settlement of their disputei, the natire policemen who done duty about tho3e courts had an opportunity of witnessing tho evenhandednesn of our law proceedings, and reporting to their friends. Besides, the mails that were forwarded through the interior were conveyed by the police, and this alone was a duty of no small importance. The thought had also struck him of employing the pensioners in the manner the hon. member had suggested, but there were difficulties in the way ; he had also thought of the native road parties doing police duty alternately with their woik ; and, although no one would be more willing than himself to bring about a saving of expenditure, he thought a reduction of the police force would be unwiie and unsafe at the present time. Mr. Merriman thought that if a bailiff were appointed to the Resident Magistrate's Court a laving might be effected in the force, for a great portion of the mens time was now taken up in serving the civil suramoses of that Court. He thought that people should pay for tho service of their own sumroonsei, and not charge the expense on the public. He would not disturb the pay of the men, but thought their number might be reduced. The mm was ultimately agreed to. On the sum of £1246 7s. 6d. being proposed for the Medical department, Mr. Kempthorne proposed that the Surgeon's salary should be raised to £200, to as to put it on a level with the surgeon of the Province of New Munster. The Governor said that he had received a letter from the Surgeon complaining of his salary being too low in propoition to his dutiei. On the motion of Mr. Merrinmn, seconded by Colonel Hulme, the sum of J6150 was voted for the Surgeon. The sum of £1380 was voted for the Judicial

department ; and the lum of £680 for the Law ! Officers. For the Registrar of Deeds department the sum of £270 was voted. Mr. Meriimau proposed to hava the 1 amount of £200 for Registrar (tru:k out, and that the duties should be performed, with the help of a clerk, by the Registrar of the Supren c Court as formerly* but the original vole whs ultimotely agreed to. On the sum of £1315 being pro )osed for Resident Mdtristrntf?, Mr. Uaritow propo ed that the sum of £100 for Howick nliould be expunged, and that the Salary of the Resident Magistrate at Rusiell should be reduced to £10'). Colonel Hulme seconded the motion as regarded the amount for Russell. The Colonial Treasurer suggested that the sum of £50 ihould be paid to the Resident Magistrate at Howick, as, being a staff officer of pensioners, that was the amount to which he was entitled, according to the arrangements with the Secretary at War, for. services performed in this capacity in the colony. Mr. Merriman said that, if sudi arrangements were made by the Secretary-at-War, the Home Government should pay the salary, and not the colony. The Governor said that certainly such an arrangement had been mude, but it win in order that the cnloniits should b? able to comm,md the services of. intellijjt nt respectable gentlemen to fill such offices, at a modei ate sula>y, that the agreement was entered upon with them. For his own part he looked upon the sura allowed as too small, and h.id arranged to pay them £100 a year; but if tho Council thought that the first arrangement was the bust, tlmy could certainly c'aim their »erv.ces for £50. As regarded the Resident Magistrate at Rusiell, he (the Governor) had followed the plan adopted at the South, of placing the military and civil command at out itatiom in the hand of one officer ; but he bad no objection to the reduction, if the Council left him the power in the event o£ the officer refusing to serve for the reduced salary, to pay £200 to a civilian, a% a gentleman competent for the office, could not be induced to accept it at a lower, sulary. The amendments were agreed to— JEIOO for Russell and £50 lor Howick. The bum of £726' 15s. was proposed for the Sheriff's Department. On the motion of Colonel Hulme, seconded by Mr. Barstow, the Sheriff 4 sulary was raibed from £2\)Q to> £300. The Governor said he had received a petition from the Gaoler relative to his salary.— Petition read. On the motion of Mr. Mcrriinau, the Gaoler's salary wa* raised to £125. Tue sura of £30 wai allowed to stand for Coroners; and £200 for the Colonial Chaplain.

Miscellaneous. The mm of £1175 for Schools, was, on the motion of Mr. Kempthornr, allowed to stand oven The sum* of JtJIOOO interest on Debenture*, and £700 for Printing and Stationery, were agreed to. Mr. Memman proposed that the sum of £1000, as contribution to steam, should be struck out, and that: a resolution ilionld be patted by the Council, authorising His Excellency to appiopriate that sum to the purposes of steam, if it were expedient 10 to do, within, th" ye»r. Mr. Kempihorne enquired whether the stun was intended as a contribution towards steam between this port and Sydney ? The Governor in reply said that it w<is to assist any project of steam communication that might be established bctwecu the port* of Njw Zealand. Mr. Mernman's notice was ugreed to. The sums of £ 100 lor Walker Nene's pension : .£22 for Timotiu's gratuity; £100 for gratuities to native chiefs ; and jC^OO for aborigines, presents, &c, wera agreed to. Ike Committee then adjourned.

Crown Lands' Bill. .On motion of the Colonial Secretary. Council re-« sumed in Committee on the Bill. Mr. Merriman proposed to amend the 43d clause, so as to throw the onus probandi upon the Government instead of on the treipanser. The Governor mid Attorney-General thought that it was clcdttly the right of the trespasser to prove that he had a title to the land, as against the Crown. Mr. Kempthorn thought that if there had been any hole in the Bill the petitioner! who had prayed foe delay of the third reading of it until it should be raprinted, would find it out. Mr. MtTrimuu thought that it was the duty of tha Council to do their utmost to make every measure that was brought under their consideration as perfect as possible, independent of any " pressure from with-. out." The clause was allowed to stand, and the committee having adjourned, the report was brought up. Mr. Mmiman gave notice that on Tuesday her would move the further consideration in committee o£ the subject of th<* introduction of Exiles into this colony ; he also gave notice that on a future day ho would move that the Council do resolve itself into committee for the purpose of addressing the Governor to introduce a measure for settling the land claims. Mr. Barstow moved for the following return : — A. return of the amount expended in the purchase of horses for the road department, stating the number bought and price of each ; how many are still retained in the department, accoanting for any number deficient. Major Matson gave notice that, when the miscellaneous Estimates were again under comideration, he would more that not leu than be gi anted for erecting a public Market-house. The Governor laid on the table a Bill to authoriss the payment of pensions to certain persons in con-, sideration of the injuries received by them while acting with Her Majes'y'a forces. Council adjourned until two o'clock on Monday. (The Council met yesterday, but we are obliged to poitpono our report of the proceedings until our next.)

Wonderful Structure of the Heart.— Tha, wisdom of the Creator, lays a distinguised anatorout, ia in nothing seen more glor.ous than in the heart. And how well dose it perform its office ! An anatomiut who understood its structure, might i,iy bcf.rehand that it would play ; but, from the complexity ot mechanism and the delicacy of many of its part*, he must have been apprehensive that it would always be liVWq to derangement, and that it would soon work itself out. Yet does this machine go on night and day for eighty years together, at the rate of a hundred tliouannd strokes every 24 houri, haviag at every itioke a great reiistence to overcome ; und it continues this action for tbat length of timo without disorder and vreiriiiegi. f hat it should continue this action for that length of time without disorder is wonderful; tbnt it should be capable of continuing it without weariness is fctill more astonishing. Reit would have been iucomjiatablo with its functions. While it slept thewhole machinery must have stopped, and the animal inevitably perish. It was necessary that it should be made capable of working for ever, without the cessation o* h moment* without tbe least degree of weariness. It is so made ; and the power of the Creator in corwtructing, can i« nothing be exceeded but by hi* wisdom.