The New Zealander.

New Zealander, Volume 8, Issue 694, 8 December 1852, Page 2

The New Zealander.

Be juit «nd fear not: let all the cndt thou aim'st at, be thy Country**, Thy God'i, and Truth's.

AUCKLAND, WEDNKSDAY, DEC. 8, 1862.

Thk Eclair arrived yesterday evening atManakau. By the kind and prompt attention of Mr. Hardinglon we ha\c received the last numbers of the Taranaki Herald. From one of these we have transferred a lengthened Abstract of the New Zealand Bill, to which we refer elsewhere. We obsenc no local news of importance ; lut we Shall probably have our files of Southern journals before our next. The St. Michael from London had arrived at New Plymouth on Friday last. The following arc noted in the last Herald as prices of Flour, ie, in the Southern Markets. Wellington, Nov. 13, First Flour, 42/. per ton ; Bread, Bd, the 2lbs. loaf. Lyllollon, Oct. 19, New Zealand Flour, 305., New South Wales Dillo, 565. to 575. per lOOIbs. ; Bread Bd. New Plymouth, Dec. i, Fine Flour, 24/.; Seconds, 19/. per ton; Bread 6d.; Polatoes 3/. per ton.

Until wo have before us a complete copy of the Act, as it received the Royal assent, we must necessarily remain in uncertainly as to its operation in various points, which, although not affecting any of the main prin- | ciples of the measure, may yet be material in the working of its practical details. But, so far as Aye can learn, no copy of it lias yet reached Auckland. Under ihese circumstances,—as the next best way of arriving ai its provisions as they were finally adopted, we ha\e gone with some care through the whole .of the reports in ihe Times of the discussions in Committee, noting, as we proceeded, the alterations made in the Bill — as it was originally introduced, and as we copied it in cortenso into the New Zealand*;!* and Supplement of the Isi of September. The results of this examination we now lay before our readers. The following changes were made in the several clauses specified. In clause 4—*' The Appointment of Superintendent"— the Hill provided Jhat, subject to the Confirmation of Her Majesty, ihe Governor of JSew Zealand should appoint the

Pnmnrial Superintendents, who were to hold office during Her Majesty's pleasure: | on Sir John Pakinglon's own proposition, a ( clause was substituted for this, making the , olhVe electee, and enacting that the persons , qualified in each Pro\ince to elect members I for the Prouiu'iul Councils shall, before the eleclion of members, electa Superintendent, subject to the disallowance of the Goxcrnor within three months after the election. In clause 22, the Bill proposed that the presence of one-half of the members of the Provincial Council should be necessary for the despatch of business :— in Committee, the quorum was fixed at one- fourth. In clause 29, the Rill authorized the Governor to declare his disallowance of a Bill at any lime within two years after such Bill should have been received by him : but Sir William Molesworlh and others having objected to so long a period of suspense, it was agreed to limit the period to three months. In clause 33, the Bill provided that the members of the Legislative Council (the Upper Chamber) should be nominated by the Governor, and should consist of not less than ten nor more than fifteen : — in Committee, Sir John Pakington adhered firmly and successfully to the principle of nomination, but it was agreed that the words which limited the number of members should be struck out. Clause 72, giving power to the General Assembly to regulate the Sales of Waste Lands, was amended by a proviso reserving power to Her Majesty in tlie meantime to issue regulations respecting Land Sales. In clause 74 of the Bill it was proposed to enact that upon all Sales of Waste Lands, five shillings per acre should be paid to the New Zealand Company till their debt was discharged : — on Sir John Pakington's own motion it was resolved to substitute for ss. per acre, " one- fourth of the sum paid by the purchaser in respect of every such sale or alienation." These are the whole of the amendments, small or great, that we find reported as actually adopted in the House of Commons. No amendment was carried in Ihe House of Lords, which ultimately passed Bill precisely as it came up from the Commons. It will aid the reader in forming a general \iew of ihe manner in which the Bill progressed through the Houses, if we add a similarly compiled summary of the amendments which were brought forward, but not carried. We mention only those which were not merely suggested in speeches, but invested with a definite substantiality by being formally moved. In the llor.sc of Commons Sir William Molcsworlh earnestly strove to give the power of originating and organizing the Provincial Legislatures wholly to the General Assembly of the colony. He accordingly moved the omission of ail the clauses from 2 to 32, and the substitution of a clause embodying this view. The amendment, after some discussion, was negatived without a division. On the 18th clause, Sir William Molesworth then mo\cd an amendment with the object of defining more exactly the powers of the Provincial Council. This he afterwards withdrew. On the 33rd clause, prodding for the appointment of members of the Legislative Council, a long and interesting debate was raised, with the object of inducing the Government to gi\e up the principle of nomineeism in the Upper Chamber. But Sir John Pakinglon was inflexible on this point, and the Committee by a majority of d 32 to 89 supported him. On ihe 74th clause Sir William Molesworth made a noble stand against the arrangement in favour of the New Zealand Company, arguing, in a speech of great ability, that the Company had been guilty [ of deceit, trickery, and moral fraud, and that, having by such means obtained their Act of 18-47, they were certainly not entitled to any favour beyond the mere legal right which that Act gave. lie therefore moved an amendment which in effect was— that there should be no alteration made by the new Bill in the position of their Claim. After a prolonged discussion (the whole of which we shall lay before our readers) the amendment was negatived without a division The same fate befel another proposal by Sir William Moiesworlh, that the Company should get only one-tenth of the purchase m0ney. ...... .Mr. Gladstone made one more effort on behalf of the colony against the rapacious Company, by moving that the amount paid to them should in no case exceed ss. per acre. This, on a division, was negali\cd by a majority of 120 to 51,— showing a majority of 69 for granting the Company one-fourth absolutely. Towards the close of the debate on this point Mr. Gladstone significantly remarked, "He was not sure that the New Zcalaud Legislature would consider themselves strictly bound in honour by the legislation of that House" (on the matter of the Company's debt). We believe we may answer for the Legislature and the universal public of New Ulster at all events, that they recognise no ■obligation of honour or honesty requiring that they should pay any portion of an alleged debt not a fraction of which is due by them, and the attempt to saddle which on them they cannot regard otherwise than as a flagrant wrong. Sir W. Moiesworlh, whose painstaking perseverance on this question entitles him to the lasting gratitude of the colonists, made yet another struggle against the infliction of this arrangement, while the Bill was in its final stages through the House. On the motion for the third reading, he proposed that the land clauses be struck out, contending that it was impossible for the House to come to a just determination respecting the claims of the New Zealand Company untfl the conduct of that Company bad been fully investigated. His proposal was not supported, and the Bill was read a third time. Then again, on the question that it do pass, the hon. .baronet moved that the clauses relating to tjie .irrangement with the Company 1)0 omitted. Here he was ".cordially supported" by Mi. Gladstone, who, while lie regarded the concession of the manage- : rnYm uf'fhciaud lo the Colonial Legislature as most valuable, yet deemed it better lo post-

pone a measure tliuti lo pass a bad ono; and "he did not belie\o the colony v>ould run any risk of losing the boon by postponement; no future- "Parliament could >cnlure to withhold it after what had passed." On a division, ho\ve\er, the amendment wns negatived bj 90 against 21 and the Bill passed. When'llio Bill v>as in Committee in the House of Lords, ihe Duke of Newcastle (who, on Ihe second reading had spoken slrougly ngsiiust ilio nominee constitution of the Upper Chamber) mo>cd the omission of clauses 35 lo 39, for the purpose of fuibsti- , luting the clauses in (he plan prepared by Earl Grey, by which the Upper Chamber would have been made an eleeti\c body, the electors being the members of the Local Legislatures. The Earl of Harrowby supported this amendment, but the Government would not yield, and it was negatived without a division. The Dulic of Newcastle next moved an amendment limiting the exercise of the power of the Home Government to disallow i a Bill to a period not exceeding three j months, instead of two years. This also was negatived without a dhision. The Duke of Newcastle then moved that the 74th clause (enacting the New Zealand Company's claim) should be postponed, with a view to legislation on the subject next session, after an inquiry had been instituted into the charges brought against the Company. Earl Desai't opposed this, and it was negatived, and this clause, and all the other clauses of the Bill were adopted. We have looked with much solicitude | through the speeches for any recognition of the distinction that should be made between New Ulster and the Southern Settlements with reference lo the Company's debt ; but we have not found the slightest allusion lo the point. Clear and important as it is to us, it seems never to have entered the mind of any member of either House. It is most unfortunate that the Petitions to Pailiament, and Ihe accompanying letters to the Duke of Newcastle and Mr. Gladstone, which were forwarded from this district, had not reached England in lime for ihese debates; but no doubt they are long ere now in ihe hands of the senators lo whom they were sent, and we trust will in due season be made prominent. Meanwhile, the matter shofild not be suffered to rest thus. There will now be lime—but barely timeto get up and forward statements and appeals to Parliament for the coming session, in which the conduct of Ihe Company is lo undergo a searching scrutiny. Action upon the subject must originate somewhere, and it I seems obvious that the elected members of the Pro\ineial Council should take the initiative in a public movement on this vital question. If ihe Province should sustain injury through delay, the responsibility would especially rest with them. The abstract we have now given (in con: ncxion with the information in Mr. Fox's letter published in our last) will place our readers in possession of all the leading features of the New Constitution. AVc have determined, however, to transfer to our columns, in successive numbers, the ivholc of the debates in both Houses, as reported in the London journals, -beginning where our former full extracts left off— at the going into Committee on the Bill in the Commons. We at first contemplated giving a mere abridgment ; but on a careful perusal of the Speeches we find so much that is explanatory of the views entertained by the leading statesmen who either supported or opposed the enactments, — and so much collateral matter conveying valuable information or opinions respecting other colonies where points of parallelism or contrast exist—that we' have decided on copying the entire. In addition to its immediate interest, this will forma record of one of the most eventful stages in our colonial history which will be worth preserving for future reference. To-day we copy the first night's discussion in committee verbatim from the Times. Our next extract will include the deeply interesting debate on Sir William Molesworth's motion respecting the New Zealand Company and their debt.

Last night— after the foregoing article was in type, and indeed when our arrangements for our prcscnlissuc were nearly completed — we received the Taranaln Herald, containing an Abstract of the Bill, compiled from a copy which had been forwarded from Lytlellon, whither it had been brought by the Duke of Portland —from England the 3rd of July. The copy was of the Bill, as it came with the final amendments from the House of Commons; but it may be fairly presumed to be identical with the Act, as no alterations were made in the House of Lords. Late as was the hour at which this paper came into our hands, we transfer it to our columns this morning, thus giving our readers all the information respecting the measure which they can have, until (he Act in its entire and verbatim completeness is before us.

Wo have pleasure in announcing that, by permission of PI is Excellency Lieutenant-Colonel Wynyard, the band of the 58th Regiment will commence their public summer performances in the Grounds of Old Government Ilouse to-morrow when the following selection of Music will be played betweon the hours of 4 and G o'clock.

4'HooriAMMe— Overture, Op ''Thn Sicilmn Bride" BalfiSelection, Op. " La Fig-lift (M Rejrimento," DonizettiMelange, Op "Ii Flauto Mtwico," MozartFantasia "The Marble Maiden," AdnmQundrillo " Ibrahim Pacha," D'AlbertI'olka "The Bride«." Zut onG.ilop "TbeQueen'H,".. D'AlbtTiIJ.'illad.." There is n Flower tlint bloometli^". . Wnlliict-