MUNICIPAL COUNCIL. Saturday, December 13.

New Zealander, Volume 7, Issue 592, 17 December 1851, Page 3

MUNICIPAL COUNCIL. Saturday, December 13.

Present: — The Worshipful the Mayor; Aldermen Dignan, O'Neill, Powditch, and Mason ; Councillors Davy, Merrhnan (Acting Town Clerk), Abraham, Norman, llaultain, and Taylor. The minutes of the last meeting having been read and couihmed, The Acting Town Clerk read a letter from the Colonial Secretary, conveying his Excellency the Lieutenant-Governor's reply to the vote of thanks tohim from the Council and signifying In's willingness at all times to assist the Council to advance the interests of the Borough. Tenders, in all twenty-three, sent in for the situation of Messenger to the Council, were laid on the table by the Acting Town Clerk. The rates of salary mentioned in the tenders ranged from 12s. to 2os. per week. On the motion of Alderman Powditch, seconded by Mr. Norman, the lowest tender was accepted, it being accompanied by a testimonial as to the character of the applicant for steadiness and general good conduct, from the Assistant Com-missary-General, and William Gibson was appointed Messenger. Alderman O'Neill then rose, according to notice, to move " Whether it was not incumbent on the Council, on behalf of the Burgesses, to lay a petition at the feet of her Majesty, and forward a memorial to the Commons House of Parliament, having for its prayer, that no portion of the New Zealand Company's claim may bo imposed on the Province of New Ulster." He said that Iria object in proposing the motion was simply to elicit the opinions of other membcis more conversant with the subject than himself; so that the Council might be moved to take some steps that would assist to avert a great evil from falling on the Province. He knew that but little real benefit had hitherto been derived by this settlement from the Land Fund; but now, when there was a prospect of a portion of the results of the sales of Crown Landsbcing devoted to the interests of the Borough, the New Zealand Company would step in, with its unjust and grasping demands, and deprive us even of the moiety that had been set apart as an endowment to the Borough. Auckland had laboured through many up-hill difficulties, and, being one of the earliest settlers, he had opportunities of observing that there was energy enough in the colonists to enable them to overcome every obstacle that had arisen in succession before them, except, indeed, when, kept back by undue j legislation ; but notwithstanding every drawback Auckland could bear comparison with any othei settlement in New Zealand in real prosperity. Now, of all that had ever retarded the advance of this province, there had been nothing to be compared with the enormity of the present iniquitous claim of the Neiv Zealand Company — that Company which had been, while living, the bitterest and most determined foe of the northern part of New Zealand, and now, at its death, would fain blast all our prospects and destroy our vitality. Why should we bear any portion of the debts incurred by such an unprincipled set, of crafty land sharks ? Our province owes them nothing, unless it may be, indeed, forgiveness for the innumerable wrongs they have tried to inflict on us, by calumniating our settlements and many other base tricks to which they have resorted to work out our ruin for their own aggrandizement. He was sorry to observe that the home authorities had lent their aid in the last transaction of the Company ; by participating in it they had done more than enough to alienate the affections of a loyal people from the mother country. He hoped to hear every member of the Council speak out on the subject, and trusted they would see the propriety of adopting memorials on the subject, in whatever terms they deemed most befitting to express their views of the momentous question he had brought before them. Mr. Merrimax would be sorry to sec such an important motion fall through for the want of a seconder. lie had waited for some other member to rise, and felt surprised that there were none ready at once to support the motion. But while he agreed fully with the worthy Alderman as to the iniquity of the claim, he could not assent to the very strong terms that were used as applied to the Company individually. He had the honor ' of the acquaintance and friendship of several members of that Company, and he knew that they were as honourable men as ever breathed, and had taken no share in anything of a disreputable character to which the worthy Alderman referred. But while he wished to guard himself thus far, he was quite prepared to go with the mover of the resolution with regard to the Company collectively, and say that as a Company they had done all they could to hinder the progress of tliis province, and of this settlement in particular. And to prove that theyj still felt they possessed the power to injure v«, he would read from the Neio Zcalavder of that very morning an extract from the report of the latest meeting of the Company in July last. Mr. J. A. Smith in addressing the shareholders said, " lie was anxious to guard himself against proposing anything of an unconstitutional nature to 1 lie settlers of New Zealand, but he owned that he did not feel the force of the objection urged by Mr. Gladstone, ond he did in his conscience believe, that not only w.'is tbe objection urj>ed by him capable of refutation, but, further that the proposal made to the Government for the settlement of the affairs of the New Zealand Company was, upon the whole, quite as advantageous to the settler,., as it was to the Company itself. (Hear, hear.) lie believed that the embarrassment,; and

fvpiiljjp il'lf jn i] ,- colony vns in eoJTnquenco of (.ho loan of that Company upon if, and lie believed that thi-. money rimrpo upon the land was bo serious, ;md held out such n prospect of quai rolling and bickering, that the .annual charge of £6,000 was a cheap compromise to give the colony the free and undisputed control over the vast tracts of land which the colony contained. He did not mean to say that this opinion was infallible, but he honestly and sincei'ely maintained it.*' Now to show that Mr. Smith expressed the sentiments of the shareholders present they <;ave their concurrence by frequent "hear, hears;" and what did they thus so cordially assent to, but to Mr. Smith's honest admission that the Company had done us much mischief, and that as it was capable of doing us still so much more, it would be well worth our while to pay .£(5000 a-year to get rid of its annoyance and interference- Aifei" <i few iui tber xemaiks he said ho had great pleasure in seconding the motion, and would be glad to sec it fully agreed to by the Council. Mr. A brut am said he thought the Common Council was not competent to deal with the matter. Notwithstanding }>U that had been said he would ad\isc delay and caution in meddling with this question. There were two gcnilemcn in that Council who perhaps had as much reason as any member to find fault with the Company and call it hard names — he referred to Mr. Davy and himself, who had purchased laud from the Company of which they had never yet been put in j possession. Many as well as them had been ■ badly n^ecl, but he confessed that he did not I know which io bio me most, the New Zealand Company, or the Government. But to come to the point. The question proposed pre-supposes the existence of a. Land fund. Now great care should be taken not to affirm that such a thing exists in this Province What had the Northern settlers been contending for all along? That the natives were the real landed proprietors here, and that, sooner or later, they must be allowed to sell their lands ; not to the Crown, but io the colonists. Our cry has been — we don't want a Land fund ; open the Country, and the Customs will make an ample revenue for all our wants. At the South, on the contrary, the old Wakefield system of land funds was advocated and kept up by the Company, but in the North it has been long looked upon as a visionary, impracticable theory, and that the purchase from the natives by the Crown, and reselling to the settlors must give way to the more natural and equitable order of direct purchase from the original holders. The New Zealand Company have now a perception of the tendency of things in this direction, and they find they have been caught in their own trap. At the time the Act of Parliament was passed they were very {glad to have their claim put as against the Land Fund. Why are they now wishful to have it placed on the General Eevenues of the Colony ? Because they believe there will shortly be no Land fund ; because they are now beginning to feel the force of the truth that this is not a Crown colony — that demesne lands of the Crown to have 'an existence, must first be acquired by purchase from the native owners. And thus they see that their chance for the satisfaction of their claim out of the Land fund is but a very poor one indeed. Therefore he would say let Ihe matter resfc as it is; they made their choice at first, and the friends of the colony at home will no doubt watch with care the Company's movements, and there is no doubt but that their security will fall to the ground. If we pass such a resolution they will raise a cry of repudiation against us — charge us with a desire to shirk what they deem a legal claim ; by doing so, as he said before, we would affirm the need for a Land fund being kept up the province, and we should always try not to compromise the question of their being no demesne lands of the Crown in this Province. lie recommended caution, because he really * felt, and the Company itself now as really felt, ihat its security on the Land fund was no security at all. Alderman O'Nisrix &aid he was sorry the worthy Councillor had tried to divert the mind of the Council from the real question. His object was, as the terms of his motion would show, that no portion of the New Zealand Company's claim should be charged in any shape on this province, not with any reference to the Land Fund in particular. Alderman Powditcii thought that it might ap ■ pear by such a course as the one proposed in the resolution, as if the Council were trespassing on a legislative question. lie thought that unless great care were taken, any memorial they might send would prove non-effective, as appearing to emanate from men not knowing what they were about. Still the question was one on which the Colonists should speak out, but in such a way as not to compromise themselves. The Council, he thought had better delay than take any precipitate step in this matter. Mr. Merriman stated that there was no occasion to have any reference to the Land Fund in whatever might proceed from the Council on the subject. lie was only anxious to affirm the principle that the protest should be made against the claim, and not the manner in which it should be done. Mr. Abraham said that the two notices on the book had become confounded in his mind ; as the land fund was not mentioned in the motion, his remarks were not applicable. Motion carried, with the words " that it is incumbent" inserted in the first line. Mr. Mehuiman then moved '• that an address be forwarded to the Lieutcnant-Goveruor, to enquire whether, one-third of the gross proceeds of the Land Fund is to be handed over to the Corporation, or whether there is any debt as a first charge ; the enquiry to be made more particularly with reference to the expense of locating the pensioners, and the debt of the New Zealand Company." He said that he thought such a question should be asked, and, also that it should be distinctly answered, whether or not there were [ any charges on the Fund out of which the Borough was to derive what little had been made j over to it as endowments. He wished to avoid the question of right to these charges altogether, ' and only to ascertain what the Council might look forward to with confidence. Alderman Powmtcu felt great pleasure in seconding the motion, as he found that in relation to his own department (warden of a hundred) a great deal of uncertainty had prevailed as to the amount set apart to be .placed at the disposal of wardens for the benefit of hundreds. He gave illustrations of the difficulties the wardens of his own hundred had to contend with, inconsequence of not receiving the portion of funds to which they were entitled under the Crown Lands' Ordinance, and stated that, now that portion, small as it was, had vanished into the Corporation endowment. Mr. Abraham followed in support of the motion. Mr. I-LuJiiTAiN objected to the motion, on the ground that there would be no chance of getting further information on the subject than what was furnished in the despatch accompanying the Charter. He thought it was hardly wise to doubt the statement made in the 20th section of the Go-vernor-in-Chief's despatch; the Colonial Treasurer is ordered to pay, on demand, to the TreaPT^er of the Corporation whatever may be due on the Ifkst of every month, in accordance with the Land Fund Appropriation Ordinance, which has &et apait one-third of the proceds of Land Sales for the use of the Corporation, and with regard to the objection of the hundred having merged into the Corporation, the Corporation had superseded the wardens. Mr. Merriman replied, and the motion being put, there were eleven for, and one against it. Alderman Powcjtcii gave notice, that on the first meeting in January, he would move for a bye-law to prevent caitlc depasturing in the streets of the town and certain parts of the üb urban roads.

Councillor Abraham renewed his notice c motion, that Councillors Norman, Tlickson, am MacdonnM be added to the Select Committee o

Bye-Lows. Councillor llaui/tatn renewed liis notice o motion, that an applicaiion be forwarded to U> Government for Plans of the Boiougli, divide* into Hundreds, and with the roads mai'ked so a, to show how far they were completed. Councillor llaut,tatn renewed his notice o motion, that application be made to the Govern ment to hand over the amount of the Land Fnm awarded to the Corporation for the purpose o building a Town Hall. Mr. Abraham stated that as Chairman of tli Hospital Committee he had applied to the Colo nial Surgeon for information for the guidance o the Committee, and that ofticcr had expressed hi' willingness to afford any informal ion that migb be required, but stated that lie must, have liis au thority from the Lieutenant- Governor. The Mayotj stated for the guidance of Commit tecs in future that he had been informed that al communications with official persons must pas through the Colonial Secretary's office, to be for warded by the Town Clerk. The Council then adjourned.