OPENING OF THE AUCKLAND PRO VINCIAL COUNCIL.

New Zealander, Volume 9, Issue 784, 19 October 1853, Page 2

OPENING OF THE AUCKLAND PRO VINCIAL COUNCIL.

The first meeting of the Provincial Council elected under the provisions of the Constitution Act was held yesterday at Council Chamber. All tb e raembS were present. The portion of the rooln appropriated to the public was densely crowded, and it was evident that if fiji public are to be accommodated to anv considerable extent, a larger place of meeting must be provided, or the present one lengthened. At a few minutes after two o’clock, His Honor Lieut.-Colonel Wynyard, C.8.,’ Su. perintendent of the Province, entered the Chamber, and proceeded to read the following Address;— Gentlemen of the Provincial Council-, I cannot address you on this, the first occasion 0 f the Meeting of the First Representative Council of the Province, without feeling that we are engaged in a proceeding of great interest in the history of New Zealand. While the early settlers in a young colony are few in number, and fully occupied in providing for their ow T n immediate wants, it Is, no doubt, necessary that the parent state should take means for the enactment and administration of such laws as may he necessary for maintaining amongst them peace, order, and good government. But this period in the existence of a British Dependency is, I believe, of but limited duration: as soon as the Colonists have at least an equal interest in the country with the parent state, and when they comprise amongst themselves, men, having the leisure, intelligence, and public spirit necessary for the conduct of public affairs, tnen, I believe, that every argument is in favour of conferring upon the Colonists themselves, powers of self-government, and that the introduc- ' tion of the representative principle into the constitution of her dependencies, will not only give a powerful stimulus to their progress, but will have the effect of preserving to the Mother Country, unimpaired their loyalty and attachment. The irregular manner in which these Islands were originally colonised, and the existence of a numerous native race, powerful and intelligent, but, for the most part, still unprepared for the exercise of political power, have rendered it a task of no ordinary difficulty to devise a Constitution, based upon the representative principle, suited to the peculiar condition and circumstances of New Zealand. But however difficult the task, the Colonists can scarcely fail to recognize in the recent Act for granting a Representative Constitution to the Colony of New Zealand, an earnest desire on the part of the Imperial Government to accomplish that object in a just and .liberal spin'. Extending from the North “Mokor, a distance of nearly 300 miles, with an extreme breadth of about 150 miles, the newlycreated Province of Auckland is in the direct line of steam communication about to he established with Great Britain, and will shortly become the nearest, instead of the most distant of her Australasian possessions; with an extensive sea-board, indented into numerous safe and commodious harbour with its surface generally available for cultivation, having a healthy climate and fertile soil, abundantly watered, rich in valuable timber, and not without indications of mineral wealth. I believe it would be difficult to find any equal portion of the earth’s surface, which comprises so many natural advantages for British colonization as the Northern Province of New Zealand.

The population of the Province, comprising about two-thirds of the native, and more than one-third of the European papulation of these Is--1 vnds, may be estimated to amount to 70,000, and notwithstanding the attraction of the Australian gold fields, it continues to increase by new arrivals from Great Britain and the neighbouring colonies. During the last twelve months the number or immigrants who arrived in the Province, exceeded the number of Emigrants who left tha Province by 563 ; the Revenues of the Province, both General and Territorial, are increasing, and already exceed the aggregate Revenues of the whole of the other Provinces of New Zealand, In the course of the year not less than .£60,000 were collected in the Northern Province alone. Of the exports of New Zealand, more than onehalf, I believe are shipped from the port of Auckland ; the declared value of the exports cleared at this port in the course of the year ending the 30th September last, amounted to £127,730 11s. Od-; the greater part of which (to the amount of £95,419 55.) being the actual produce of the Province. The shipping belonging to, and the shipping frequenting the ports of the Province, are both rapidly increasing. In addition to the numerous whalers and other ships trading to the Northern Ports, 825 vessels, including coasters, entered the port of Auckland in the course of last year. As you are aware, a powerful stimulus has also recently been given to agricultural pursuits, since the recent alteration made by Governor &r George Grey in the mode of disposing or tu* \Vaste Lands of the Crown. The Land Fund has also increased four-fold; in all parts of theProvmce great activity prevails in the work of cultivation, and there are already within a few miles o Auckland alone, upwards of 20,000 acres of lan fenced and in cultivation. __ • Actively engaged as are the inhabitants Q the Province in productive industry; already a large excess of food, having a ready market close at hand for all their surplus prod uc with no rivalry between the races, but the p * suit of peaceful industry, and with an itnptoviuo Revenue and rapidly increasing trade, it may , doubted whether any portion of Her subjects, enjoy in a more abundant measure, blessings of peace and plenty, or have before r a more certain prospect of a prosperous car • Such is the condition of the Province now trusted to our care. To administer its aixaiis the best of our ability for the common weat> the duty which has been deputed to ourselves j the suffrages of our countrymen. . * Our countrymen, I say, Gentlemen, * or . though the franchise has been conferred , U P°®. . _ inhabitants in New Zealand without distmc of race, I believe that on the occasion ot cent elections, the privilege was, in fact, J almost exclusively by the natural-bom su J of the Crown. , a Placed then in a position of trust and c dence by the suffrages of a large portion o __ _ countrymen, and entrusted with a large measu of power and influence, to be exercised . benefit of both Races; seeing too, tnai fitness of the Colonists for the exercise of P ol ‘,. power will be tested by the acts of ourselves chosen Representatives, I cannot doubt bU;tU

gflg—— r '*■"''" =g , w yi be our common pride to prove, by our farts to work unanimously together to promote ®.‘ public good, by the practical, business-like !Saracter of our proceedings, and by the judgeC out and moderation with which they shall be 111 ducted, that the Colonists of the Province of Auckland may be safely entrusted with the Molest powers of representative self-government, nd also that the obligation incurred towards the Native inhabitants of New Zealand by the Government of Great Britain will, so far as may depend upon ourselves, justly and honorably Legislative Council of New Zealand, as originally constituted, was composed of Members by or under the authority of the Crown and was presided over by the Governor of the colony, charged with the duty of introducing such measures for their consideration, as he thought durable ; and that no Legislative measure could be introduced for consideration by any Member o f-the Council, nor could any subject be proposed for discussion by thorn, except with the assent of the Representative of the Crown. But under the provisions of the recent Act for granting a Constitution to New Zealand, full powers of provincial Legislation are now vested in a Council wholly elected by the people, conducting their proceedings under the presidency of a Speaker, one of their own number and elected by themselves. To the Council so constituted power is given, and it will he their especial duty, to originate and introduce for discusssion and adoption, whatever legislative measures may from time to time appear tp themselves to be necessary for the peace, order, and good government of the Province. So far then as Legislation may avail, the future prosperity of the Province of Auckland will be fn the hands of the people and their chosen Representatives. In the practical business of law-making, in giving precise effect to your intentions in the making or amending of a Law, you mav not improbably, at the outset find some difficulty ; a difficulty however which time and experience will tend to remove. Looking to the composition of the Council, to its numbers, to the various interests they represent, and to the amount of experience, intelligence and ability to be found amongst its Members, the public have reason to believe that, although you may have had but little experience in the mechanics of Law-making, yet that avoiding hiisty, partial, and uncalled for Legislation, your Legislative measures will be at least conceived in a just and liberal spirit, that they will be founded on sound principles, efficient in their provisions, intelligible in their language, and adapted to accomplish the objects for which they may be enacted. By the Royal Instructions addressed to the first Governor of New Zealand for the guidance of the Legislative Council, it was enjoined upon them that their “ Laws and Ordinances should be drawn up in a simple and compendious form, avoiding as far as may be all prolixity and tautology.” As to the form and style in which the Acts of the Provincial Council should be framed, 1 think it would tend to their brevity, simplicity, and practical utility, if they were preceded by and drawn up with reference to a general Interpretation Ordinance to be enacted for the purpose. The Ordinance to provide “for the interpretation of Ordinances and for the shortening of the language used therein,” vide Legislative Council, New Zealand, Session xi. No. 3, and “ the Act for shortening Acts of the Legislative Council” recently passed by the Legislative Council of New South Wales, may serve as an illustration of my meaning. A similar Act adapted to the circumstances of the Province, mignt, I think usefully form the first on your Provincial Statute Book.

Whatshallbe the constitution of the Executive Government of the Province, is a question which will require your early attention and careful consideration.

While the Constitution Act was in progress much difference of opinion was expressed in Parliament as to whether New Zealand would be best governed solely by a General and Central Authority, or by a Local Government to he established in the several Provinces. Believing that this question would be best solved by those having local knowledge and experience, Her Majesty’s Government made no provision in the Constitution, for giving Executive authority to the Superintendents of the Provinces, leaving it to the Colonial Legislatures to make such provision on the subject as may be deemed expedient. Amongst the Colonists I believe there is but one opinion, that under existing circumstances and in its present condition, New Zealand cannot be governed efficiently by a General Central Authority, and that the head of the Province should be

clothed with such Executive powers as may be necessary for carrying on the functions of Provincial Government. Under the Provisions of the Constabulary Force, Slaughter House, Impounding, Harbour Regulations, Arms, Footpath, and other Ordinances of local operation, the Governor of the Colony, either alone or with the advice of the Executive Council, is authorized to exercise various useful powers of local interests. It will be competent for the Provincial Legislature to confer these powers upon the Superintendent. Whether these powers or any of them should be vested in that Officer, and whether the powers which it may be deemed desirable to confer upon him, should be exercised by himself singly, or with the advice of certain Officers of the Provincial Government, acting as an Executive Council, and if so, what shall be the constitution of such Council, are questions which will no doubt receive your careful consideration. Under any circumstances it will be necessary that there should be a Provincial Secretary—Law Officer—Treasurer—Clerk of Works—and Auditor, for conducting the public business of the Province, and I have no doubt you will provide for these officers, such salaries as will enable me to secure the zealous services of trustworthy, able, and experienced men. I have no recommendation to make as to the precise amount of the salary to be attached to these several offices; but, I think you will agree with me that it is a sound principle, consistent with a wise economy, and applicable to every branch of the public service,—that public officers should be fully employed and well paid; and that the Public will be best served and the duties of a public office will be most efficiently discharged when ■ the office itself is made worth holding. Amongst the subjects to which your attention will no doubt early be directed, will, probably, be the unsatisfactory condition of the City of Auckland as regards the safety, health, and convenience of its inhabitants —the prevention of fires within the city —the abatement of nuisances and the improvement of its sanitory condition, will doubtless form the subject of one of your earliest enactments. The want of power on the part of the local authorities to punish desertion and other misconduct on the part of seamen belonging to foreign ships, has, I believe, had the effect of discouraging the resort of foreign shipping to our ports; the evil in question may, partially at least, be remedied by an Act of the Provincial Legislatuie, and I have no doubt the subject will receive your careful attention. By the Harbor Regulation Ordinance and the Ordinance subsequently passed for its amendment, power was given to the Governor in Council to make regulations of a temporary nature, for the safety of shipping, and for the prevention of obstructions to the navigation of our harbours and navigable rivers. The Regulations which were some time ago made by the Governor in Council for the harbour of Auckland, are, I believe, no longer in force : whether they should be re-enacted or whether other regulations should be framed to supply their place, is also a question which 1 would suggest for your consideration. The Estimate of the Funds which will be at the disposal of the Council for the support of tlie Government of the Province, will shortly be laid before you. You will be glad to learn that after providing for (he payment of salaries, and the ordinary expenses of the various establishments *naintainabl9 out of tho Provincial Revenue, that,

a sum of £14,000 or £15,000, will be available for Roads and Public Works during the current year. ° AVith regard to the salaries of public officers, two courses were open for me to pursue : either to estimate for them on such a scale as might appear to myself to be calculated to command the zealous services of able and efficient men : or, to place the salaries before you on the same scale at which they have heretofore been paid. I propose to adopt the latter course. Looking at the present state of prices, and the cost of the mos t of the necessaries of life, none of these salaries can, I thin.ic, be deemed excessive ; and I have the satisfaction to believe that, in proposing any alteration in the appropriation of this branch of the public expenditure, which the interests of the public may seem to require, you will not be unmindful of the just claims and reasonable expectations of private individuals. The people of Auckland of all classes, but more especially the sick and needy, have recently had occasion to lament a public loss in the death of that indefatigable parish priest, and poor man’s friend, tbe late Colonial Chaplain. Provisions of a temporary nature were made for supplying the vacancy in the office until tbe 30th September last: you may not., perhaps, be prepared to make provision for the permanent maintenance of that office; but, I think that, in the midst of a season of great material prosperity, you would not willingly signalize the commencement of popular Government in New Zealand by refusing public aid for moral and religious purposes. I am aware of the difficulties which are supposed to stand in the way of providing, by means of public grants, for the regular religious visitation of our hospital and gaol; but, approaching the consideration of the subject, with the desire to minister to the spiritual necessities of their unfortunate inmates, I feel assured that you will be able to devise a means, and that you will willingly vote the funds necessary for promoting so desirable an object. As you are probably aware, the Bill for granting a Constitution to Now Zealand, as originally introduced into Parliament, provided that the head of the Executive of the Province should be a paid officer, appointed by the Crown. But it was ultimately decided that he should bo chosen by the inhabitants of the Province, and that the question whether his office should be a paid or an honorary office should be left to the decision of the Provincial Legislature. To be chosen by the inhabitants of this Province to fill its highest place of public trust, is, indeed, the most honourable distinction which it is within the power of the Colonists of New Zealand to confer. But in the early stages of a newly founded colony, there are few persons having sufficient leisure and independent means, or who can afford to withdraw tl einselves so far from their ordinary pursuits as to command the time necessary for discharging gratuitously the duties of so important an office. To decide that the Superintendent should be unpaid, would be to confine the choice of the electors within narrow and inconvenient limits, and would, in effect, be to impose a high property qualification on a candidate for the office.

After giving to the subject full consideration, and fortunately, in my own case, unbiassed by any considerations personal to myself, I have arrived at the conclusion that, having regard to the interests of the Province, it is my duty to recommend you to make provision for the payment of a salary to the Superintendent, and to provide that the amount be fixed by an Act of Council, and that it be not liable to an annual vote.

In a newly-constituted popular assembly, unpractised in the preparation of Legislative enactments, and new to the practical business of Legislation, the duties of Speaker will, no doubt, be laborious and responsible. Looking to the importance of the office, and to the experience and ability which ought to distinguish the holder of it, I think it can hardly be expected that its onerous and responsible duties should be gratuitously performed. I would therefore suggest for your consideration the propriety of providing for that officer a suitible salary. With reference to the appropriation of that portion of the Provincial Revenue available for Public Works, you will probably consider the completion of portions of the main lines of roads already commenced, the opening of a line of communication with the Waikato River, the buoying, &c., of the Manukau Harbour, as suggested by Captain Drury, the improvement of the harbour accommodation of the Port of Auckland, and the erection of a suitable Council Chamber and Public Offices, to he amongst the subjects most pressingly calling for attention. It would be competent for me, under the provision of the Constitution relating to the appropriation of public moneys, at once to recommend to you to vote a certain amount for the abovementioned or any other specific public purposes. 1 should prefer, however, to avail myself of your greater knowledge and experience ; and I shall be prepared to give the most favourable consideration to any resolutions the Council may adopt; specifying the Public Works they would deem it most desirable to undertake, and the several sums to be appropriated to their completion. Seeing the importance of having this portion of the public funds expended under zealous and skilful superintendence, the selection of the officer who is to discharge these duties will necessarily involve the most careful consideration upon my own part, and upon that of the officers of the Provincial Government, whose duty it will be to tender me advice upon such subjects, as the sum of 14,000/. or 15,000/., judiciously appropriated, and expended under able and vigilant supervision, can scarcely fail to effect a marked improvement in the Province. In conclusion, gentlemen, I would remind you that the novel experiment in popular government about to be tried in the several Provinces of New Zealand will be regarded with watchful interest. Of the result of the experiment, so far as the Province of Auckland is concerned, I have no misgiving. The constituency have already performed their part; their elections have been conducted in a peaceable, orderly, and creditable manner; and we have it in our own power, by working heartily together for the public good, to vindicate the wisdom of their choice.

As regards the Executive, I trust that in the appointments I may make for carrying on the Government, there will be recognised a sincere desire on my part that the public business should be conducted zealously and efficiently, by persons fully enjoying the public confidence; and as to the proceedings of Council, I feel assured that so far as may be consistent with perfect freedom of discussion and liberty of speech, your deliberations will be conducted in a spirit of fairness and moderation, and that your powers, freely granted and liberally conferred, may be temperately, considerately, and generously used. R. 11. WYNYARD, Superintendent. Auckland, 18th October, 1853. This address, was read by the Superintendent in a very distinct and impressive manner. Several limes, and at the conclusion especially, there were audible marks of approbation from the audience. His Honor having delivered the Address immediately retired, intimating that the first business of the Council was the election of a Speaker. On the motion of Mr. Connell, seconded by Mr. Cilfillan, Mr. Busby was Called to the Chair, pro tern. Captain Porter then, in a few appropriate terms, proposed that Thomas Houghton Bartley, Esq., Barristcr-al-Law, be chosen Speaker. The proposition was seconded by Mr. R. Mitchell, and agreed to unanimously. Mr. Rushy, as Chairman, then briefly addressed Mr. Bartley, telling him that be bad been appointed by acclamation to an office for which he was especially qualified by the integrity, the nice sense of honour, and the urbanity which had marked bis professional

career. It was matter of congratulation that the Council could find in their number one so filled by education, professional training, andexperience, to decide impartially ami to conciliate the feelings of the Council. Mr. Bartley said it was with no ordinary feeling of pride and gratification that he returned thanks to Mr. Busby for the handsome manner in which he had stated, and indeed over-rated, his qualifications, and to the Council, who had rendered a gift which was intrinsically valuable, much enhanced in value by the mode in which it had been conferred. In his professional career, he had gone hand and heart with his clients; the people of this Province were now his clients, and he would do his utmost to promote their welfare. He must draw 7 on the kindness of the Council to excuse any errors into which he may fail. He had not been a public man. and the Act under which they were met was new to them all. They may fall into errors as to the extent of their powers, and as to the modes of transacting their affairs. Great caution and temperance would be required. Their attention would naturally be turned to the objects which had been brought before them, and he trusted they would keep to one object, and not branch off into extraneous matters. This would facilitate business and promote the public welfare. Moderation of language and cordiality of feeling, such as that with which the Council had been opened, should be maintained.

Captain Porter and Mr, Busby were appointed to wait on the Superintendent lo signify Mr. Barilcy’s election. In a few minutes it was announced that the choice met with his Honor’s approbation. This was communicated subsequently by His Honor in writing. The proceedings were then for some lime of a very desultory and conversational character, turning on the steps that should be taken for the preparation of Standing Orders, the lime of the next meeting, vc. Ultimately, on the motion of Mr. Connell, seconded by Mr. Bain, it was agreed that a Select Committee be appointed lo prepare a draft of Standing Ciders, to be submitted to the Council at its meeting Ibis day (Wednesday) at twoo’clock, and that the following members form that, Committee viz :—Messrs. Busby, Porter, Gilfillan, J. O’Neill, Boylan, Williamson, and the Mover (Mr. Connell). The Council then adjourned.