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New Zealander, Volume 9, Issue 779, 1 October 1853, Page 3

We have received by the Spencer ibe back numbers of our Melbourne files, together with the Argus of the 14th ult., being one day later than had previously reached us. We are thus enabled to add some interesting particulars to the Victoria news published in our last. The session of the Legislative Council was opened on the oOth of August by LieutenantGovernor Lalrobo, in a long speech, which he intimated would be his last in his present official relation to jthe colony, as he expects before the close of the session to “surrender his charge into other hands.” The passage which elicited most comment was one in which he declared the disposition of the Government to abolish the license fee. this presents a remarkable contrast with the strong language in which, on the Ist of the same month, he had urged objections against this very proposal, declaring that it would be “an uncalled for waiver of Her Majestys rights,” and going so far as to assert that “the propriety of even a reduction may be held questionable.” The change of view thus glaring is explained by the “practical difficulties in the way of collecting the license fee,”—meaning of course, the vehe ment opposition of the diggers, _ The Artjvs very severely censures ibis yielding to pressure of such a character describing it as “handing the land over to that terrible tyranny, "mob law,” and telling the People “in ibo most umnistakeable I aiguage, to defy the law when they find it inconvenient, and that those who are appointed to carry it out will quietly submit.”

A Bill embodying Ibe principle of abolishing the license fee and substituting for it a small registration fee had been brought forward by the Government. The measure also proposes to vest in the Executive the | power of selling or leasing auriferous lands. 1 The loss of revenue which the new plan must entail it is proposed to make up by an export duty on gold, and a revision of the tariff, ’ a principal feature of which is expected to be an import duly on sugar. All these points, however, were yet to be debated. Meanwhile, the interim Bill to which we referred in our last, (authorizing the issue of licenses for three months from the Ist of September, on payment of a single fee of forty shillings) had been read a third lime and passed.

The construction of a new Constitution for the Colony was of course to engage in an eminent degree the attention of the Council. The Colonial Secretary had made a long statement of the views of the Government on the subject, the most remarkable and important feature in which was a distinct recognition and adoption of the elective principle for the Upper House. Ife rapidly reviewed other modesofconsliluting the House; discarding all in favour of this:-—“ When he looked at what had been proposed in neighbouring colonies on this subject, ho was disappointed with all their various plans, lie did not think that society in this colony would at present admit of the introduction of a hereditary legislature. That might be the case hereafter; it was not so now, and if our descendants found it desirable in ihcir time to introduce it, it must be left to them to alter the constitution, which was now about to be framed.” So much for Mr, Wentworth’s notable scheme of a “Botany Bay Peerage” for New Souih Wales. Having disposed of this, the Colonial Secretary continues, —“ In the absence of wholly nominating the Upper House, it might be more or less one of popular election ; it might be partly nominated and partly elected ; but that he did not look upon as desirable. He had therefore the pleasure of announcing what he believed Mould be received as a popular measure on the part ol the Government, viz., that it was their opinion that the Upper House here should be based upon the principle of popular election.” No proposition was expressed as to the mode of election. This matter —wiih others, being left to be considered by a Select Committee which was appointed for the purpose. A despatch had been received from the Duke of Newcastle,—not exactly in terms formal disallowing the Convict Immigration Prevention Act, for the authenticated copy of il had not yet reached him—but informing the Lieutenant Governor that so soon as the authentic copy did arrive, an Order in Council declaring it disallowed would be forwarded. Perhaps some of our readers may remember that we did not hesitate, when this measure was passed, to avow our belief that it would not receive the Queen’s confirmation,—some of its provisions being indiscriminating as well as crushing in their severity, whilsl others seemed to interfere most unconstitutionally with the Royal prerogative. The event proves that we were right. The Duke of Newcastle’s despatch is an able and interesting document, and we shall transfer it to onr columns at an early opportunity. The difficulty now is to enact such a law as will be free from the objectionable features which have disfigured ibe Act of last year, and yet will erect an adequate defence against the influx of convicts from Van Diemen’s Land —an evil so great that any law, just in itself, and within the limits of the constitution could scarcely bo too stringent to avert it, A measure bad been introduced with this view, but we have not found any clear statement of its provisions.

A Captain Brown, one of the most prominent agitators at the diggings, had been arrested on a charge of having used threatening language to Mr. Adams, a store-keeper, and having endeavoured by intimidation of a veryviolcnlcharaclcr to obtain from him a subscription to the Anli-Gold-License Association. The charge having been clearly proved, the Police Magistrate required the “Captain” to give bail to keep the peace for twelve months, himself in 500/., and two sureties in 250/. each. Failing to find bail he was taken to town escorted by troops. The case produced little excitement after the people ascertained its real nature.