PROCLAMATION.

New Zealander, Volume 9, Issue 712, 9 February 1853, Page 2

PROCLAMATION.

By His Excellency Sir George Grey, a Knight Commander of the Most Honorable Order of the Bath, Governor and Commander-in-Chief in and over the Islands of New Zealand, and Vice-Admiral of the same, &c._, &c., &c. *? Whereas by an Act passed in the fifteenth and sixteenth years of the Reign of Her present Majesty, c. 72, intituled “ An Act to Grant a Representative Constitution to the Colony of New Zealand,” it is enacted that the said Act shall be Proclaimed in New Zealand by the Governor thereof within six weeks after a copy of such Act shall have been received by such Governor, and, save as therein expressly provided, shall take effect in New Zealand from the day of such Proclamation thereof. Now therefore 1, the Governor-in-Chief, do Proclaim and Declare that I have received a copy of the said in part recited Act. Avd 1 do further Proclaim and Declare that this Proclamation and the said in part recited Act shall take effect and come into operation within New Zealand upon and from the date hereof. Given under my hand, and issued under the Public Seal of the Islands of New Zealand,atGovernment House, at Wellington, in the Province of New Munster, in the Islands aforesaid, this Seventeenth day of January, in the Year of our Lord one thousand eight hundred and fifty-three. G. GREY, Governor-in-Chief. By His Excellency’s command, Alfred Domett, Civil Secretary. Gon Save the Qlf.kv ! Since the J 7th January, therefore, the new Act has been law in the colony. We also copy in full Sir John Pakington’s D *spalch to Governor Sir George Grey on transmitting the Constitution Act. However interesting as an exposition of the views onto la ined at the Colonial Office on New Z -aland affairs, it adds but little to our previous scanty store of information respecting the mode r in which the provisions of the measure are to be brought into operation, the practical details being left almost entirely to the Governor’s discretion. Two or three points in the Despatch, however, will attract the reader’s attention. The functions of the Provincial Councils are regarded by the Home Government as strictly municipal. Their constitution has been made wholly elective, on account, says Sir John, of “ the comparatively unimportant nature of their functions, which will be limited to local objects , such as would be considered here to b - of a municipal character, rather than partaking of the higher attributes of Legislation.” Accordingly, the Superintendents a e to be just Mayors of these Corporations, hj iving indeed the additional power of a veto oa Local Ordinances, but in this, as the Act explicitly ordains, bound to obey such Ins'.ruclions as the Governor may see fit to transmit to them; and having also such executive authority as may be delegated to them, the contemplated range of which, however, cannot be very wide, as Sir John adds, “they should, at all events, be always included in the Commission of the Peace for their respective localities.” In conformity with this view of the status of the Provincial Councils as Municipal Bodies, —with the Superintendents a> their Mayors,—-Sir John intimates (in paragraph 32 of the Despatch) his opinion that the creation of “other local Bodies subordinate to these” —that is, of Corporations like our own of melancholy memory—will not be necessary. The importance attached by the Home Government to a strict maintenance of the principle that Native Lands are to be acquired only through the Local Government is emphatically slated in paragraph 20. Paragraphs 21 to 20 show the amount of influence which the advocates of the New Zealand Company have succeeded in exercising on Sir John Pakington’s mind in favour of their unrighteous claim. But from the candour mid impartiality which the Bight Hon. Secretary has manifested since his accession to office, we cannot doubt that when the other side of the question is fairly before him, he will sec and acknowledge the injustice of that claim, especially its flagrant injustice so far as the Province of Auckland is concerned. The reader cannot fail to notice the repealed evidences which the Despatch affords of the confidence reposed in Governor Grey by the Imperial Government and of the extent to which the popular concessions in the new Act are to be attributed to him. The concluding paragraph .Ts specially explicit on this point. We have before adduced ample documentary proofs that, liberal as the measure is, it would have been still more liberal if His Excellency’s recommendations had been entirely (as in great part they were) adopted by Parliament. Sir John Fakington now bears unequivocal testimony to His Excellency’s “strong attachment to liberal institutions'* as exhibited in his correspondence with the Colonial Office, and to the fact that “the measure itself, now reduced into law, owes its shape, in a great degree, to his valuable suggestions.” We have further resolved to devote a large portion of our space to-day to a full account of the late session of the Legislative Council at Wellington, including the opening address of the Governor-in-Chief on the 22nd of December, and the proceedings at the several sittings to the close, on the 4th of January,—without any abridgement from the report in the Spectator. Although there was scarcely any debating deserving the name, yet several of the explanations and incidental remarks possess some value, and may be worth preserving for future reference. The Session had so much of peculiar interest as may attach to the circumstance of its being the last under the old regime of nominceism. When we next publish the Meeting of a Council in New Zealand, it will most probably be of one constituted on the more democratic principle of the new Act. We shall have to record such deeds of statesmanship and feats of oratory as may be achieved by , ‘ the representatives of the people,”

The following is a list of the Ordinances passed during the Session, with a statement of the substance of their respective enactments. 1. Appropriation Ordinance. The appropriation of the Revenue for the years 1831-2, enacted by the Ordinance Sess. XL, No. 12, shall apply to the first nine months of 1855, unless its appropriation “shall in the meantime be otherwise lawfully provided for.” 2. Land Registration Amendment and Extension Ordinance. The Ordinance Scss. 11., No. 9, provided that maps of all lands surveyed should be deposited in the Register Olllce of every county or district, signed by the Surveyor-General: it is now enacted that the signature of any o’her person authorised bv the Governor sbail be as effectual as that of the Surveyor G aural. Maps and plans delineated upon deeds must be registered with the deeds. The operation of the Ordinance is extended to the Canterbury Settlement. 3. Bank Charters Amendment Ordinance. In place of the sth Regulation in the 2nd clause of the Ordinance authorising the Governor to grant Charters of Incorporation to Ranking Companies (Scss. IX., No. 43) the following is substituted; —“Suspension of payments on demand at any of the Company’s establishments, for such period or periods as may be prescribed in the Charter, shall forfeit the Charter of the Company.” 4. Naturalization Ordinance. Pei sons named in the Schedule are naturalized. Persons declared by proclamation to come within the operation of the Ordinance shall be deemed, until next Session of the General Legislature, natural born subjects. 5. Supreme Court Practitioners Ordinance. Extends the privilege of enrolment as practitioners to persons who have been admitted as barristers, solicitors, attorneys, and proctors in any court in Australia or Van Diemen’s Land:—also to persons who have served a portion of their clerkship in Great Britain, Ireland, Australia, or Van Diemen’s Land, and completed the term according to the rules of the Supreme Court of New Zealand. No candidates for cither of the Councils had vet come formally forward at Wellington ; nor was there any further public movement towards the choice of a Superintendent than that on behalf of Dr. Fealherslon, to which we formerly adverted. Rut the Spectator , with great emphasis, urges the electors to keep themselves disengaged. A long Despatch on the subject of the New Zealand Company’s Land Claimants Ordinance had been received by the Governor from Sir John Pakinglon. As the Ordinance conflicted with an Act of Parliament it was impossible that Her Majesty should confirm it; but under the late Constitutional Act powers were given sufficient to admit of its being “ pul practically in operation,” and permission is accordingly granted to proceed with the settlement of ike claims. The Wellinglonians were very active in their efforts to secure the calling of the Panama steamers at their port. Some seemed to aim at obtaining the visits of the vessels both coming and going, while others, —taking for granted that, on the outward voyage, they would call “at one of the Northern ports,” but expecting that on their return to Panama they would loach either at Wellington or Nelson,—made it their special endeavour that Wellington should he the port of call. It was understood that the Company had enquired whether there was a wharf or jetty alongside which the vessels could lie. Great anxiety was therefore felt to create this inducement. The subject bad been mooted in the Legislative Council, but with no practical result. Deputations had waited on the Governor, and a Public Meeting had memorialized him to take immediate steps for the erection of a jetty; and His Excellency had promised that a portion of the newly reclaimed land on Lambton Quay should be vested in Trustees for that purpose. The benefits to be anticipated from the visits of the Panama steamers are so great that we can feel no surprise at the solicitude of our friends at Wellington to i secure them for themselves; but we cannot imagine that Ibo managers of the Company will be so blind to their own interests as to overlook the greatly preponderating advantages which Auckland with her two ports presents. If they were to make a few trials of Cook’s Straits in preference, experience would soon teach them their error. Sir George Grey had set off overland on the 19th ult. for Wanganui, to meet the Bishop of New Zealand and make arrangements for the establishment of a Native Industrial School in that district. Some of the diggers who had been templed to the Australian Gold Fields had returned, mostly disappointed ; and many more were expected as the hot weather set in. The price of First Flour at Wellington was 20/. per ton ; Bread C d. the 21bs. loaf; Potatoes 7/, per ton. At Nelson, Mr. Stafford or Mr. Saxton (probably the former) was likely to be chosen Superintendent. Major Richmond had declined to come forward on the ground that he was unwilling lo provoke anything so injurious to the settlement as a contested election for this situation would probably be. The Coal and Copper Mines were both progressing favourably. The earthquake of which wc heard from Taranaki and other places had been severely felt at Nelson on the evening of the Ist ult. No serious damage was done however. Wc learn from private sources that a smart shock was felt at Wellington also, although the papers do not mention it. Mr. Godley, with his family, had finally left Canterbury, and sailed for England in the liasherny. Our latest dates by this mail are Wellington, Jan. 22; Nelson, Jan. 45 ; Lyttelton, Jan. 8; and Otago, Dec. 11.