NEW ZEALAND GOVERNMENT BILL.

New Zealander, Volume 8, Issue 687, 13 November 1852, Page 3

NEW ZEALAND GOVERNMENT BILL.

Speech of Sir John Paktngtox, explanatory of the proposed alteration of the New Zealand Government Bill.

Shi J. Pakinoton, having presented jetitiona from persons connected with New Zealand, sa.d th >se petitions were all of them to ihe san<e edict, ejrpi'».<.i' i g strongly the desire that 'he bill should be al owed to pass. The petitioners called attention, some of them to one part, some of them to another part of the hill, but I the general conclusion of the whole was that the bill should pass. The last of those petilions was from Mr. Gibbon W nkefield, the prayer of which was particularly directed to the question whether there should be Provincial Legislatures, or whether there should be a Central Legislature and Legislatures for particular localities. Wi'h his usual ability, Mr. Wakelield discussed the subject, and earnestly prayed that the bill as it stood might pass into a law. Before moving that the Speaker do leave the chair on the House going into Committee on the New Zealand Government Bill f he (Sir John Pakington) was dispo«ed to hope that he would save time, which lie held extremely valucible in this case, if he en'cied into some short explanation of the changes which it was his intention to propose in this bill. Since the second reading of the bill he bad received suggestions from sever.il quarters, but principally from some members of thnt House of the highest eminence and distinction, gentlemen with whom be had no {.ol.tical connexion, and whose courtesy and kindness of feeling in offering these suggestions and the manner in which they had done so, he would really be wanting in justice to his own feelings as well as to the manner in which, as he had said, those suggestions had been tendered, if he did not take that opportunity of acknowledging. Fiom tho-e gentlemen he had received suggestions entitled to the greatest weight, not only as coming Irom them, but entitled to the gieatest weiuht fiom their intiinsic value, offered in a spiiit entiiely apart from party feeling, and intended to put this bill in such a shape as should be most effectual for its objects. He had stated before that his whole object in this bill was to give the inhabitants of New Zealand the best government, and the best government for themselves, consistently with considerations which must be kept in view. Tne suggestions to which he bad alluded related principally to two points. He would wi h the pei mission of the House, direct its attention to them, with reference especially to the very difficult question, as he had always thought it, of what was the best mode of providing governments for the different provincial distiicts of those colonies. He had to choose out of three alternatives, namely, the bill as he bad ventured to submit it to the House; next, a suggestion, coming from a quarter to which he was bound to pay the greatest respect, that, instead of .taking the bill as it stood, and giving Provincial Legislatures, he should rather follow the precedent of the Austiahan Government Act of 1842, and give distinct municipalities, that was to say, municipal bodies with enabling clauses to legislate on certain subjects, and that they should be restricted from legislating on all subjects beyond those specified. The third suggestion he had leceived was that, instead of putting into the bill either Provincial Legislatures or Piovineial iMunic palities, it siiould be left to the Central Legislature, when formed, to provide for the municipal government of these separate districts in such manner as they might think best. Those were the three alternatives he had to consider. He thought the House would see that between the bill as it stood and the second of those alternatives, the distinction was really rather one of name than of fact. As he had drawn the bill, and announced, when he first moved it, his intention was that those Provincial Legislatures should in fact be municipal. As he had drawn the bill,f those local bodies were to legislate on all matters of interest to the locality, being resided from legislating on certain specified subject, those specified subjects embracing the main objec's of what he might call a colonial or imperial legislatuie. It was a question whether they should legislate on all exept ceita'n itupoitant i eslricted subjects, or should legislate on certain S| eciiied subjects, those bdug very large and comp ehensive. A ltd the fullest coiu>ideia'ion, he had come to the conclusion that, looking to \he nature of the re stric ions on those bodies, they could hardly beregaided as colonial Legislatuics; and minoi objects of niteicot to a colony might be touched without entering on the specified subjects. He had on that gro'ind ventuied to prefer the course he now took. To the other course, which the lion, baronet opposite (Sir VV, Moleswoith) was going to propose, namely, that the House h ivint? nothing to do in tins bill with provincial le^islition.the Provincial General Legislature should settle what they were fo have, — there weie, he thought, obvious objections. First, there was the loss of time. In the next place, looking to all precedent and expeiiencp, the House would find that colonial Legislatures had not shown themselves disposed to part with powers once entrusted to them in favour of anyhing like minor distiicts. He nther thought he might adduce Australia as an instance, but the c-.se had been so stiongly put by Mr. Wfkefield that he hoped the House would permit him to refer to an extract, in which Mr. W&kefield said that th s was a case " where prevention was mor. 1 easy than cms, because if once a provincial government were established, those who composed it were little disposed 10 diminish thoir authority." He (S r John Pakington) should not trouble the House with more extras ts. Mr. Wakefield dwelt at considerable leng li on ihe subject, and th it was the view tiken by him. If the Ilotibe, as it appeared to be, were disposed to give the different loculities powers of indep ndent government for their own interests, it would be better to by down in this act broadly and distinctly the basis on which those governments were all to be formed, than to leave those localities to the uncertain result of the view which the central legislature might take of the matter when they came to deliberate on the powers they should intrust to (he locil legislatuie. He would now advert to a four i h plan recommended by the ri _> lit hon member for the University of Oxloid, who, if he lightly 10l lowed the right lon. gentleman in a foimer debite on this subject, expiess'd great objection to the couise he (Sir J. Pakington) had taken of establishing a supreme legislature. Knowing ihe weight of the light hon. gentleman's authority, he should say, with great respect, th.it he could not agree with him in his view. With reference to the local leg slatures, the right hon. gentleman wished thnt they should have no concur) ent power, that their powers should be defined, that ihey should act, so far as those powers went, in a perfectly independent manner, and tint the cc itral legislatuie should act on equally broad and defined independent powers. II that plan were adopted it would lead to very gieat confusion. It would practically be found extremely difficult to define the boundary between the powers of the Provincial and the Central Leg slatures. j He could not yield to the right hon. gentleman's objec- j tion to the concurrent power. It was not so much a concurring as an over-riding power which would be vested in the Central Legislature; and he could not but think that for the future welfare of those co'onies there should be one supreue Legislature, superior to those minor bodies, which were employed and dealt only with the interests of their own localities, subject to the paramount authoiity of the Central Legislature. Having had those suggestions thrown out, to which, from the manner in which they were given, and the quatter from which they were offeied, he repeated 'hat he felt bound to give every attention, and havingunusu.il opportunities of consulting those connected with the colony, — having ojpoitutnties of consulting parties directly connected with Nelson, Wellington, Otago, and Canterbury, namely, four out of six localities, — he thought, wi'h this choice before him, his best course was to avail himself of the peiiod intervening between the time when these suggestions were ofFered and the present moment, to take the opinion ot those gen lemen possessing gie t local knowledge, and taking a deep interest in ihe welfare of the colony, lie bad consulted, then, wilh those interested in the colony, both in London and in the oonntiy. and he was now enabled to state that which was proved by the petitions he ha I presented. He was bound to say that those who were interested in the colony unanimously desired that he should proceed with the bill hs it stood, rather than that he should take either of the two altcina'ivs of gran'ing only Municipalities, or of empowering only a Central Legislature to prescribe what those governments should be. Anxious to meet suggestions offered with much weight from different quarters in that bouse, he submitted to the gentlemen so interested in the colony whether, if he retained, the bill essentially as if was, but made certain important altemtions, they would accopt those nlteiations? 'Jho answer bo received was, that they not only appiored of the alteiations, but gratefully accepted them. Anxious, then, to meet the suggestions made, and anxious to <nept the 1 views of the colonists, be deteiminorl to make n very important alteration with respect to ihose localities. The aiteintion was that, instead of the superintendents being norm- J n-ited by the governor of the colony, they should be elected by the same constituencies as elpcted tlje Legislatures. He had not made tbis alteration without v.jry serious consideration. I!p bad had to consider how far it was consistent with the British constitution

tbat he should venture to enact an elective Executive Iho noble lord whom hu had succeeded in the office he now held, with reference to tins very bill, laid down broadly-- anJ he (Sir J. Pakington) begged to say he agreed with the noble lord — that anything like an elective Executive was unknown tothe Uiitish constitution. Agreeing in that proposition, lie (Sir J, Pakington) would be no pany to any measure mailing an Executive elective. But he looked upon these different distiicts in New Zealand not as seperate colonies, but ns so many municipalities of one colony. In whatever ratio they were distinct coloniis, in that ratto ho should be opposed to the creation of an elective Executive ; but, in whatever ratio they were municipalities, then, in that ratio the proposition came within the spirit and the practice of the British constitution ia making the heads of those muncipalitics elective. Looking at the wording of the bill, — knowing what were his own intentions in introducing it, — believing, moreover, that these districts partook so largely of the nature o? municipalities, and being conscious that he intended they should have that character, he thought he was not open to the charge of departing from the spirit of the Briti-h constitution ill proposing tbat these superintendents should not be nominated, but elective, and that by the a ime constituencies who were to elect the provincial Councils. (Hear, hoar.) It was also bis intention to strike out of the civil list the provision of salaries ol £500 for each of those superintendents, leaving it entirely to the option and discretion of each, provincial Legislature whether they would or would not vote a salary for these officers. (Hear, hear.) This was an important alteration with reference to ihe government of these localities which it was his intention to make. The next clause in the bill 10 which he would, refer was one on which there had a'ready been move discussion than he bud expected, and be hoped what ha was about to s.ay would not lead to any fui'ther discussion on the surj ict ; he alluded to the clause relating to the rights of the New Zealand Company. The right hon. gentleman, the member for the Uniniversity of Oxford, and the right hon. baronet. ( Sir J. Graham ) had adverted to that clauset He bnd endeavoured ta take a ground upon this subject to which be thought the House could not make any fair exception. At least, he had acted upon the spiiit of strict justice, and had takon a ground fiora which he must be allowed to say he could not depart— aground bryond which he did not think it his duty to go, but lesi than which he was not justified in tAking, namely, that whatever might he the equitable claim of the company under the act of 1847, he was bound to see secured to them by this bill. The bill, as was well known, was not intended originally to apply to the New Zealand Company. It was intended to confer the blessing and advantage of self-govern-ment on New Zealand; hut still he thought it a paramount duty on his part to take care tbat the effect of the bill should not be to leave the New Zealand Company in a worse condition than that in which hefound it. The only question, then, was hovr best to carry out that principle. He thought the house would go with him one step further, and that they would admit, looking at the act of 1347, that he had no right to consider whether the bargain between the New Zealand Company was a good or a bad bargain, It was abygona transaction. An Act of Parliament had settled it. That act was confirmed and explained by the correspondence which had passfd between Lord Grey and the Company. A question had been raised whether Lord Grey was justified in taking upon himself to put the con. structon he had done on the act of 1847. With that bs (Sir J. Pakington) had nothing to do ; he felt himself bound by the contract as it stood. The only difference between the act of 181-7 and ibe present bill t\ as this: — The act of 1847 prescribed that tbe produce of every townland sold in New Zealand should be divided into three portions ; and that one portion should be devoted to emigration, Another portion to suiveys, and the balance, whatever it might be, should go to tbe New Zealand Company. The fault of the act was, that while the produce of the sales were so divided, it snid nothing about the proportions. By analogy, however, with what bad occurred in Australia, it had been held and argued that hall' of the money should be devoted to emigration. '1 lie act, however, did not so slate, and Loici Grey thought that one-fourth would be a fair proportion to be given to the New Zealand Company. Now, assuming the price at jfcl, and IDs. tlureof to be the proportion for emigration, there would then remain the surveys to be defrayed, and thru the balanc* for the Company. It was a mater of doubt whither the suivej's would reqnire more than ss. in the pound or not. If it did, then it wns questionable whether tho balunce would meet Unequitable rights of the company, lie would not, however, enter into tbe question whether Losd Grey was justified or not in taking upon himself to constiue the Act of Parliament as he had done; but this he thought, that the noble lord had taken a very convenient course, and a very just and very moderate course ; and, looking at the whole transaction, and at the construction which Loid Grey had put upon the act of 18 17, he would ask the house, aud he did so with some degree of confidi nee, whether he was doing more than justice in proposing to give to tbe New Zealand. Company one-fourth of the produce of the sales of land in that colony. In the interviews which he had had with persons connected with that company, they had siid there were many districts in which the l.md would sell far more than jEI an acre, and they asked why the sum of ss. only should be paid to the company. But, on th Q o'her hand, it was shown that in some districts the land would sell for leys than a pound; therefore it was asked why give the ompany so much as s<. ? His answer to these objections was, that they should set one case against the other. On the whole, he thought the best and faiiest plan would be to abandon the clause which gave ss. in the pound to the New Zealand Compnny, and to enact that the company should receive one-fourth in every case. For himself, he would say that he should have no objection to adopt the ss, clause. But he had now explained what his wigh and object was, namely, to do the company justice — not more. Consideiing that the subject was incidentally initoduced into the bill, he hoped the house would not allow it to be made a matter of protracted discussion, but that the clause would be allowed to pa«» either in one or the other shape, the company, on their part, he believer!, being quite disposed in either case to be satisfied. There was only one other point to wbicU he wished to advert. Strong feelings of approbation, had been expressed by petitions and otherwise of the part of the bill which placed the lands of the colony at the disposal of the Legislature. (Hear, bear.) Upon that subject perhaps he might be allowed to add ona word more. In tlie^e days it \Vas impossible to say in what colony those extraordinary discoveiies of gold might not take place. He knew that in New Zealand expectations were strong among the populace that gold might be discovered ; he therefore wished to say, in addition to the placing of the land of New Zealand at the disposal of the Colonial Legislature, that in the event of any gold mineral discovery in that colony he should be prepared to advise the Crown to place the whole of the discovery at the disposal of the local Legislature. (Hear, bear.) He hoped he should not ba considered as travelling unduly beyond the object on which he was now addressing the house if he stated that by the mail which left this country yesterday, he had announced to the Australian Government*, on the part of her Majesty's Government, tbat it was the intention of this Government to place unrestrictedly at their disposal all the revenues which might be derived from any gold discovery in those colonies. He had now concluded the observations which he had to make as to the alterations he intended to propose in committee. He had done so for the sake of saving time, and ia the hope that, in committee, he should experience a continunneo of that forbearance from all sides of the house which wns so desirable when dehbeiating on a measure intruded to promote the welfare of an nnpoitant and rising colony, and that they would nowuieige all differences of a minor naluie in order to go iato that committee aa speedily as possible.

The Comi'Osiiioy or Blood. — The blood of animate is not, us it appears to the naked eye, a uniform red liquid, but consists of a colourless fluid, called lymph, in which innumerable small red particles of solid matter float. Th the human blood, and in that generally of animals who suckle their young, they are circular, or neirly so, their surfaces being slightly concave, like the spectacles used by sbort-sigbted persons ; in birds, reptiles, and fishes they are generally oval. The surface of the disks in these species, instead of being concave, are convex, like t'\e spectacle glasses used by weaksighled pergon?. The thicknrss of these disks rariea from \to -^ tli of their diameter. Their diameter inhuman blood is the ihrep-tbousand fi ve hundredth part of an inch. They nre smallest in the blood of the Naper musk doer, where thoy measure only the 12.000 th part of an inch. It would require .>O,OOO of ih'pse disks, as th*y exisun the human blood, to cover the head of a small pin, and 80^,000 of these disks of the music deer to cover the same surface. It follows from these dnnenlions, that in a drop of hiirnnn blood which woold remain (suspended from the point of a fine needle there must be three millions of dibks!-— Lardner's Natural Philosophy.