PROVINCIAL COUNCIL.

New Zealander, Volume 9, Issue 785, 22 October 1853, Page 2

PROVINCIAL COUNCIL.

Wednesday, October 19. The Speaker took the Chair at 2 o’clock. All the Members present. No Clerk having been yet appointed, the Speaker read the Minutes of the previous day’s proceedings. Letters were read from M. London and D. McCormack soliciting the office of Messenger to the Council. Standing Roles and Orders. Mr. Connell, as Chairman of the Committee on Standing Rules and Orders, brought up the Report, which contained a recommendation that a Standing Committee should be appointed to prepare additional rules as might be required. Mr. Connell moved and Mr. Macky seconded, That the Report now read be adopted; that the Standing Rules therein recommended become the Standing Rules and Orders of this Council, and that the same be printed for the information of the members. —Carried. Reply to Address. Mr. Gilfillan moved, and Mr. Macky seconded, That a Select Committee be -appointed to prepare a reply from this Council to the address of His Honour the Superintendent, and to present the same at to-mor-row’s silting. Members of the Committee to be—Messrs. Clarke, Newman, Boylan, Macky, Williamson, Dignan, and the Mover,—Carried, Notic»s op Motion. The following notices of motion for the next day were given by the members named— Mr. Busby—That a Select Committee be appointed to prepare a petition to the Queen and both Houses of Parliament, praying that the Northern Province of New Zealand may be constituted a separate Colony with a Governor or Lieutenant-Governor, responsible only to Her Majesty and the Parliament of England through Her Majesty's Constitutional adviser the Secretary of State for the Colonies. The Committee to be—Messrs. Boylan, Macky, Bain, Hill, and the Mover. Mr. Gilfillan—For leave to bring in a Bill for the Interpretation of the Acts of this Council, with a view to the shortening of the language to be used therein. Mr. Boylan—That a Committee be appointed to report upon the Sewerage and Drainage of the City. The Committee to be Messrs. Williamson, Derrom, Mitchell, Dignan, O’Neill, and Bain. Mr. Brennan—That a Committee be appointed to enquire and report on the State of the Roads and relative works necessary to the interests of the interior at the next meeting' of Council. Committee—Messrs. Taylor, Lewis, Dilworth, Hill, Dignan, Powditch. Mr. J. O’Neill—That a Committee be appointed to prepare a petition to the Commons House of Parliament, praying that the Revenue of this Province may be relieved from the payment of any portion of the New Zealand Company’s Debt. Committee—Messrs. Porter, Busby, Connell, Mitchell. Mr. Porter—That a Select Committee be appointed to enquire and report upon the means of procuring better accommodation for the discharging of vessels, and of giving protection to the small craft, in the Port of Auckland. Committee—Messrs. Boylan, Connell, Mucky, Derrom, Powditch, Mitchell. Mr, Clarke—To propose that the business of the Council be uniformly commenced by Prayer. Mr. O’Brien—That the Council take into consideration the appointment of a Clerk of the Council. A conversation ensued on the necessity of the immediate appointment of a Clerk, when Mr, Newman moved and Mr. Mitchell seconded that Mr. O’Brien’s motion be taken first in order for consideration on the next day. The Council adjourned till Thursday at 3 o’elock. Thursday, October 20. The Speaker took the Chair at 3 o’clock. Present, all the Members except Mr. Dilworth. Minutes of yesterday’s proceedings read by Speaker. Standing Rules and Orders. Speaker informed the Council that the Standing Rules and Orders as adopted yesterday had been submitted to the Superintendent, and that he had received from His Honour the following communication : Superintendent’s Office, Auckland, 20th October, 1853. Sir, — I have the honour to request that you will call the attention of the Council to the 2Qth and 27th clauses of the New Zealand Constitution Act,—the former clause requiring

that the “Rules and Orders” shall provide the wanner, which drafts of Laws or Ordinances, transmitted by the Super, intendent, shall be taken into consideration;—and the latter clause, making a similar provisicn, as to the amendments made by the Superintendent in Bills presented to him by the Council It appears to me, and I would suggest to the Council, that it would be desirable that additions to the “ Rules and Orders " to meet these requirements of the Act, should be raadn, I*, fore 1 signi(y my approval. 1 have the honour to be, Sir, Your most obedient servant, R. H. WVNYARD, Superintendent. To the Speaker of the Provincial Council. Mr. Connell said that as the time was so short whicj, had been allowed the Committee to frame the Raleg those to which His Honour had so properly called their attention had been omitted. He would more “ That the standing Committee, as recommended by the report of the Committee on Standing Rules and Orders jj! appointed, to consist of the Members of that Committee and that it be an instruction to them, to report in thl first instance on such Rules and Regulations as are rs. quired by the 26th and 27th Clauses of the Act of Parliament.” If this course were adopted His Honour might, on being informed of the resolution, he wi]lio~ to confirm thu Rules already proposed, and thus the Council might proceed to business. 0 The’ motion was seconded by Mr. Gilfillan, and agreed to unanimously. 0 A copy of the Resolution was forwarded by the Speaker to the Superintendent, and in a short time after His Honour’s confirmation of the Rules on the understanding specified was received. On the motion of Mr. Hill seconded by Mr. Powditcb it was ordered that the Superintendent’s Address be printed and inserted in the Provincial■ Government Gazette. Rem-v to Address. - Mr.* Gilfiillan then brought up the Reply to tbe Superintendent’s Address as prepared by the Committee appointed for tbe purpose. It was as follows To His Honour Robert Henry Wyntard, Esq., c.8., Superintendent of the Province of Auckland. May it please Youb Honour,— We, the Members of the Provincial Council of Auckland, in Council assembled, beg leave to thank your Honour for the address delivered by your Honour at the opening of the first Session of our Council We have caused the address to be printed, and entered on our minutes, and are much gratified with the manner in which the present state and prospects of the Province have therein been laid before us. Rejoicing with your Honour that onr duties should commence under circumstances so favorable, we beg to assure your Honour that we shall be prepared to give due consideration to the suggestions embodied in the address, and that we shall, at all times, be ready to co-operate with your Honour in the carrying out of such measures as shall tend to promote the lasting prosperity and welfare of the Province of Auckland. Mr. Gilfillan moved and Mr. J. O’Neill seconded the adoption of tbe Reply. While the Speaker was taking the vote upon the Reply, Mr. Allan O’Neill said tnat he objected to the Address because while it made special mention of roads in the Waikato district and of tbe Mannkau, it omitted all allusion to other important matters, snob as the opening up of the Northern district of the Province and the Harbour of Auckland. Mr. Gilfillan rose to order. The objection was too late. The Speaker decided that it was so, and the Reply was adapted. Tbe Council then adjourned for half an hour in order that tbe Reply might be presented to the Superintendent. On re-assembling the Speaker reported that tbe reply had been presented by the Deputation, and His Honour had expressed his gratification on receiving it. Streets op West Ward. Mr. J. O’Neill presented a petition from a number of inhabitants of the West Town Ward, on the state of the streets in that Ward. Mr. Dignan moved and Mr. Gilfillan seconded, tbit the Petition be read. Mr. Busby objected to a precedent being established in this instance for the practice of reading petitions on their presentation. Petitions to the House of Commons were not read on being presented. Mr. Williamson supported the reading of the Petition. Such an application here of the Parliamentary rule referred to might be very inconvenient and indeed would not be necessary. After some further discussion it was agreed that tbe Petition should be read, which was accordingly donees follows: To the Honourable the Members of the Provincial Council of the Province of Auckland in Council assembled. We the undersigned inhabitants of the West Ward of the City of Auckland beg most respectfully to show— That since the time of the first Land sale in 1841 we have had no access by any proper Road to our several properties although exceeding in numbers any other Ward of the City, and although, as we believe, a larger amount has been paid into tbe Colonial Treasury for land purchases in the Ward. That the only approach that has been made to the formation of a road, is that by West Queen Street, a narrow and inconvenient street, and of a very steep gradient, and even in this case the most of the expense was defrayed by the Inhabitant!! in its immediate vicinity—and of Victoria-street, wherea bridge was subscribed for by the Inhabitants and the hill cut down by the Government, but as nothing has been done towards metalling the Street it is if anything in a worse state than before the cutting was made, owing to the deep ruts made in the clay by tbe water runs. That the ascent by Victoria Street is the easiest of the whole in that direction. The road is of a good width and leads directly to Freeman’s Bay and the remote parts of the Ward, and it is nearly about the centre of the at present occupied sections of the Ward. . We therefore humbly pray, that your Honorable Council may take these matters into your early ’ consideration, and cause at least one approach to the summit of the hill at Hobson Street to be made good, and we urge it the more especially as we are now taxed to an enormous extent beyond our fellow inhabitants in the article of cartage. Notices of Motion. * The following notices of motion were given for Tuesday next. . Mr. Porter—For a Committee to enquire into the State of the Slaughter House at Newmarket and report upon the same. Committee—Messrs. Connell, Bam, Gilfillan, and Newman. - . Mr. Bain—For leave to bring in at next sitting ot Council, a Bill for tbe protection of Foreign Shipping and the punishment of Foreign Seamen for desertion and other misconduct.

Mr. A. O’Neill—That a Select Committee |be aopointed to consider the best means of opening up toB Northern District, by two roads, one leading to the Kaipara and the other in the direction of the Bay of Islands. Committee —Messrs. Busby, Clarke, Dignan, Donovan, Powditch, Hill, and Mover. Mr. Williamson—That with a view to completing a Road between Auckland and the Beach at Onehanga, a Committee be appointed to enquire and report to this Council on the state of the R&ad so far as it hM been formed ; on the most suitable line to be constructed in continuation from Epsom to the Onehunga terminaa, and on the probable expense of the work. Co®* mittee—Messrs, Taylor, Dilworth, Boylan, A. 0 Aem, Bain, and the Mover. , Mr. Connell—For a Select Committee of five, to enquire whether suitable material for Road making »s to be found in the vicinity of Auckland m a sta e for immediate use, and if so, to suggest rendering the same available. Proposed Commit -• Messrs. Gilfillan, Bain, Dignan, Porter, and the Mover, Clerk of Council. Mr. O’Brien brought forward the motion of wbLb he had given notice, adding that George Manners a i • ford Esq, should be appointed Clerk of Council. Mr. Macky seconded the motion. ? Mr. Porter thought the appointment should be - with the Speaker, and moved an amendment to 11 effect, which was seconded by Mr. Clarke. Mr. Powditch said before any appointment ■ settled there ought to be sufficient opportunity for® . i candidates to apply, and the nature of the duties s be defined. It might be desirable to have a leg" . who could act somewhat like a Town Clerk. ' any applicant who had served the Governmen. similar capacity should have priority. He worn Mr, James Coates. f the The Speaker said there was an amendment , House. On bearing it read, Mr. Powditch sat would support it. Mr. J. O’Neill objected to putting the P®* making the appointment out of the hands of tbe oil. . I'hg Mr. Williamson supported the amendment. duties were new to the Speaker himself, and tbe B should not thrust on him any inefficient person, him judge for himself, who could best aid him transaction of tbe business. The Council wo ■ be giving up their power over the Clerk, as they deal with him when the question of his salary before them. . in. Mr. Busby would support |tbe amendment. r pointments always rested with the Executive, this case he thought the Speaker should ® j ano e power; and tbe Council could show want of c in any appointment made when tfaej estimates fore them. . „ nr the Mr. Connell thought neither the motion amendment would meet the case- There was . a now to consider the duties of the office or “ . which it might be practicable to combine its « I-

♦hers under the Council. He'would prefer making an ° nlication to the Government to permit Mr. Coates to charge the duties for a short lime. _ 0 '^j r _ Newman seconded ibis proposition. Mr. Boylan remarked they did not even know hether Mr. Coates would accept the office. He ohVoted to borrowing officers from the General Govern - Lent • perhaps they might next want to borrow the Serk of Works. Mr- B a ’ n a g ree d with Mr. Boylan as to the impropriety °f borrowing the officers of Government. He would prefer appointing a Clerk at once, but he thought other candidates should have an opportunity of offering themselves. The Colonial Secretary’s Department would soon have enough to do, and not be able to spare aD y of them. A letter from,Mr, Coates offering himself as a candidate for the office was read. On the question being put, Mr. Connell’s ptoposi- • tiou “That Mr. Coates be requested, with concurrence of the General Government, to act temporarily as Clerk 0 f Council.” This was agreed to. Provincial Separation.

Mr. Busby rose to propose the motion on this subjec of which he gave notice yesterday.—He said, Sir, j believe that there is so much unanimity in the Bouse in favour of this motion that it may seem superfluous to occupy the time of the House with any observations upon it. But the question to which it relates is to be decided—not by this House, but by the Queen’s Ministers, and the Parliament of England. And it is one of so much importance, that I think it not only more respectful to the Council, to state my views on the subject; but desirable to elicit as much discussion as possible, in order that if the committee lo be moved for should be appointed, that committee jjiay be in possessmn of every suggestion which honorable members may offer for their guidance in preparing the petition. It is to be expected that the New Zealand Constitution may be considered as settled, and that there may be great difficulty in re-opening it. It is for this reason, Sir, that I have felt anxious that this motion should take precedence of all others; and that our petition should go to England as the result of the first, because the moat important business upon which the House could enter. Sir, when the Constitution Act reached this colony, my first impression was tbat the colonists should unite in repudiating (be General Assembly altogether—whether this would have been a wise course or not, it is now useless to inquire. I was requested and urged to become a member y the General Assembly, I was told by persons whose opinions I respect, that we ought to assume that the Assembly would assemble at Auckland, the capital of New Zealand, that it was our birthright. Now, Sir, I question the existence of any birthright or other right which cannot co-exist with due regard to the rights of others. There can, Sir, be in ourminds but one opinion that to assemble the general Legislature at Wellington, and thereby virtually constitute tbat town the capital of New Zealand, would not only be an injustice to the people of this Province, but a gross violation of the public faith towards those who purchased allotments of land in Auckland and its neighbourhood, because it wa» declared to be the capital of the Islands. But, Sir, we 'should endeavour to place ourselves in the position from which this question will be viewed by those who will have the settlement of it at borne. Will they not place before them a chart of the New Zealand Islands, and say, you have constituted Provincial Councils for the government of the different provinces; and one central Legislature for the whole; how preposterous then would it be to fix the seat of your central Legislature near one extremity of the Islands instead of the most central position for the whole? Can any one deny that Wellington is that central position? Would it not be an injustice to the other colonies that the seat of the General Assembly should be fixed elsewhere than at Wellington ; and most of all at Auckland,, the most distant from the centre of the whole. Sir, we cannot deny the validity of this argument; and, therefore, in whatever way this Constitutional Act is brought into operation, supposing it to be practicable to bring it into operation, it is impossible to avoid doing great injustice. Now, Sir, if it be possible to find one word which will, more than any other, express the end and aim of all institutions of government, that word is Justice; but here we have injustice interwoven with the very Constitution of our government. But, Sir, I bold that this form of Government is impracticable. I believe it would be impossible to persuade three members from this Province to meet members from the other Provinces[at Wellington. I believe that three members from the other Provinces could not be persuaded to come to Auckland. Now, Sir, as to the difficulties attendant upon the working of this Act, I shall quote some paragraphs from a despatch of Sir G- Grey, than whom no one can express himself more clearly when he intends his meaning to be understood. The despatch is addressed to Earl Grey, and is dated August SOth, 1851. After describing in graphic language the physical difficulties arising from the geological strueture of the count) j which impede the intercourse of the inhabitants of one Settlement with them of another, he goes on to say,

“In the two islands there exist six principal towns, five of which are situated on good harbours, and each of these form emporiums for considerable colonies in their neighbourhood. ««These five colonies were settled at different times, each upon a totally distinct plan of colonization, and by persons who proceeded direct to their respective colony, either from Great Britain or from the neighbouring Australian colonies, •nd who rarely passed through any other New Zealand settlement previously to reaching the colony which they now inhabit! and who, except in a few instances, rarely travel from their own colony to any neighbouring settlement. •i Each of these chief towns carries on an independent trade with Great Britain and with the neighbouring Australian colonies. and hardly any interchange of commerce takes place between them, since they at present all produce nearly the same commodities, and require the same kind of supplies. Which they naturally seek at the cheapest mart; whilst the cost of transport from a port in the Australian colonies, but in a trifling degree, if at all, exceeds the corresponding charges from a port in New Zealand.- There is indeed already a considerable and increasing coasting trade in New Zealand, which in some parts is chiefly carried on in vessels owned and manned by Maories; but It consists rather of a trade between various small native and European settlements, and that one of the principal European towns from which they derive their supplies and with which they are immediately connected, than of any trade between the principal colonies themselves. , "I think it must be clear that between colonies so constituted, little of what may be termed community of interest can be said to exist. There is no general capital or mart to whuh all merchants and persons having extensive businees at all times resort. There is no one central town for all the islands in which the courts of law hold their sittings. Individuals who inhabit one colony, rarely have property or agents in another. Personal acquaintance or intercourse between the inhabitants of the various settlements can be scarcely said to exist

“Any attempt therefore to form a General Legislature for tuch a group of colonies which should at present annually, or even frequently assemble, and which should [be so composed as fairly to represent the various interests of all parts of this country, must, I think fail; because there are as yet no .persons in these islands who have the means or leisure, to enable them to abandon their own affairs each year, for the purpose of resorting to another colony, there to discharge their senatorial duties. If even a payment was made to such persons to remunerate them for their expenses whilst travelling and absent from home, they still could not afford to neglect their own affairs during so long an interval of time. “ I think, therefore, it may be assumed that a General Legislature, which should be required frequently to assemble, should form no part of any plan of institutions to be conferred upon such a group of colonies : although I shall show presently that for some purposes a General Legislature is even now necessary, and will hereafter be still more necessary, if these islands are to form, as is greatly to be desired, one large and prosperous country.”

Now. Sir, I believe it is a fact that since the foundation of the colony, not one vessel has been loaded at Auckland to be discharged at Wellington, por has any vessel been loaded at Wellington to be discharged at Auckland. There is, in fact, no more connexion in any shape between the colonies of New Ulster and New Munster than between those of New Ulster and Nova Scotia or New Brunswick. Well then, there are differences in the mode in which these colonies were settled which present I think almost in* surmountable difficulties to any union between them. They will no more coalesce than oil and water. The people of this Settlement came here of their own accord, each man to pursue his own objects, and to maintain his own rights. The people of each of the other colonies are leagued together under some one theory or other of colonization, each Province Las its own crotchet, and unfortunately those theories or crotchets cannot be carried out without an encroachment on the rights of others. They are in pursuit of that philosofiher’s stone of the South, a “ sufficient price” for and; they are endeavouring to settle the question how long a working man should be kept as a working man for others, before he should be allowed to be the owner of a piece of land of his own. Now we have no such crotchets or theories to carry out, and there can be no union between those who have to carry them out and ourselves. It the people of the South are jealous of our prosperity, I am sure there is no cause why we should be envious of their s. If they have done us injury, let us forgive the injury ; let us if we have the opportunity render them good for evil, but let us mind our own business, and Jet them mind their’s, and let us take care to keep their fingers out of our purse. By the latest statistical accounts which have been published it appears that in 1850-51, he revenues of Auckland amounted to .£34,629, and the expenditure to £29,634, the revenues of Wellington to £18,686, and its expenditure to £22,619 ; and that in 1851-2 the revenues of Auckland were £35,318, 'Ve disbursement* £31,418. Those of Wellington

£18.752, rfml £’37,585. It thus appears that while in neither of these years was the whole of the revenue of the Northern Province expended upon the Northern Province, In one of these years the expenditure of the Wellington Province was to the amount of about £4,000 greater, and in the other year more than double the amount’of its revenue. Now “if these things are done in the green tree, what will they do in the dry? ” It has never been satisfactorily accounted for how they came by the amount to make up the excess of this ex penditure over their income. But if they had inclination and influence enough to persuade Sir G. Grey with the absolute power in bis bands, to spend some of our revenue in their Province, what have we to expect if the General Legislature should assemble, and the 25 votes of the Southern Province be united against the 12 votes of the North. Now, Sir, our best security is, that the Constitution is impracticable; and Sir George Grey has shown that this is his opinion—-not only by the extracts I have made, but by bis subsequent proceedings. We meet here, Sir, in a more efficient state for the conduct of business than I had expected—but we do so by an evasion of the law. The General Assembly has alone the power by the Constitution Act to appropriate the revenue, and to place any part of it at the disposal of the Provincial Council. 'The Governor has anticipated this action of the Assembly—l do not say by a violation of the law, but certainly by on evasion of it. I do not offer any opinion upon the legality of this proceeding. I think it is our duty under the circumstances, to make the best use we can of the money placed at our disposal. Now, Sir, after all the obstacles which Sir G. Grey has shown to stand in the way of the scheme of government proposed in the Constitution Act; let us see on what grounds he still asserts that such a scheme is necessary. I think they are very weak and inconclusive. In the despatch already quoted at paragraph 60 be says,—

*• I think also that in reserving these powers to the Governor-in Chief, Great Britain would retain the means of promoting in every desirable way the interests and welfare of all Her Mcjesty’s subjects in these islands, to whatever race they belong. Ido not think that in justice to the native race who yielded the sovereignty of these islands to her Majesty, any of these powers ought for the present to be abandoned by the Crown. Nor do I think that the evrey great majority of her Majesty’s subjects inhabiting New Zealand would desire for the present to «ee Great Britain relinquish these powers. But I think a wise foresight requires that the Crown in retaiinng all necessary powers, should retain none that are not essentially* necessary. Prom this proceeding would probably spring a great and lasting contentment amongst her Majesty’s subjects in these islands, who, having a very large measure of freedom bestowed upon them, and being deprived of no privilege which was necessary for the free exercise of a system of local self government, would probably for a long series of years, cheerfully see vested in the hands of the Crown the powers which it alone could exercise for the good of all, and the possession of which by the Crown in no way interfered with the freedom or happiness of any class or community of its subjects.”

Now, Sir, what is most remarkable in this passage is, the adroitness with which, after stating one proposition in the first sentence (by the substitution of the word Crown , for that of Governor,) be brings in a proposition of a different character and proceeds to reason upon the second proposition if as it were identical with the first, I, for one, Sir, consider it desirable that most, if not [all, of the powers which he recommends to be continued in the Crown, should be continued in the Crown, which is the second proposition, but I altogether dissent from their being exercised by a Governor-in-Chief overriding the powers of the Provincial Government which is the first proposition. This, Sir, seems to me an ingenious device for laying the burden of Government on one man, or set of men; and reserving the powers and emoluments as well as the honors of Government for another man, or set of men. The provisions of the act render nugatory the powers of the Superintendent and Provincial Council, by rendering every administrative act of the Superintendent liable to be nullified by the fiat of the Governor-in-Cbief, and every Legislative act liable to be over-ridden and repealed by a superior Legislature. There is nothing more remarkable than the way in which statesmen of the highest intellectual character and attainments, sometimes become the victims of political empirics. Mr. Gladstone praises this constitutional act of New Zealand because of its resemblance to the institutions of America. We have our provincial governments and our central government—as the different States of that Union have their separate state government and their general government. I agree in. most of the views expressed by Mr. Gladstone with regard to the institutions of the United States ; but, sir, I think it important for us always to bear in mind that the most valuable of those institutions are those which are most assimilated to those of the Mother Country. The common law of England is (he common law of America. And though the freshness and vigour of a young community has enabled it to throw off the burden of obsolete and (inapplicable statutes, still, I believe, the most important of the statutary enactments of English law are incorporated with the laws of America. The Congress of the United States consists, besides the President, of an Assembly elected by the general voice of the people, whose action is controlled by a Senate, chosen by the Governors or the Governors and Legislatures of the different States, and consisting of men who having taken their part in all the stages of municipal government, till they had become the Governors, or most important functionaries of their respective States, have acquired such a weight of character, by age, experience, and station, as to fit them for the Conservative element of the Constitution which with us is represented by the House of Lords. The same analogy is maintained in the separate State Governments, each of which has its Governor and Senate, and Assembly. But to return to the supposed analogy between the scheme of government enacted for this colony and that of the United States, which called forth the eulogy of Mr. Gladstone and others. Each separate Stale in *the Union is, in all things which relate exclusively to its own affairs, an independent Commonwealth, within which the President and Congress of the Union have no more jurisdiction than have the Queeu and Parliament of England, nor would they think of interfering in the internal governmenf of the States more than they would think of interfering in the domestic management of the families of which it is composed. Our Provincial Government has no independent action whatever. Our Superintendent, or State Governor, is controlled in the smallest as well as the most important matters by the Governor-in-Chief, or President of our Union. The acts of our Legislature, though confined by the Constitutional Act to our domestic affairs, are overridden and nullified by the Legislation of the General Assembly —the Congress of our Union. Sir, I believe this is a perfect anomaly in Legislation. That the Imperial Parliament of England should overrule the local legislature and government of the colony is a necessary incident of our connexion with the mother country. But that one legislature should be created within a British colony coexistent with another legislature, and with power to nullify the enactments of that other legislature, is, I believe as unprecedented as it must be mischievous. Then, again, as to the analogy of the Governor-in-Chief and the Central Assembly to the President and Congress of America. The functions of the latter, that is, their most important functions, are confined to the external or foreign relations of the whole republic. What has oar Governor-in-Chief and hia Central legislature to do with functions such as these. They are incompatible with our allegiance to the Queen. So that this central authority would be a mere useless appendage to our Government, even if it were not a mischievous one. Now, sir, as when confederates of a certain character quarrel, good is said to come of it, so it happens that by the late occurrences we are furnished with some sort of clue to the contrivance of this most anomalous scheme of government. It has come to our knowledge, by late revelations, that the Lands of Mr. Edward Gibbon Wakefield have been in this affair. It is easy to trace the object he had in view, that is, to make Wellington, the principal settlement of the New Zealand Company, the seat of a central government, which should make it, in fact, the capital of the New Zealand Islands, and place the disposal of our revenues in the hands of an assembly comprising a large majority of the settlers of the Company’s Settlements. I confess X have more difficulty in tracing the intentions of Sir George Grey. It has sometimes occurred to me that ha never intended to bring this cumbrous piece of machinery into action, but to parade it as a stalking-horse before the simple-minded inhabitants of the colony, as an appearance of representative government, so long as he could exercise behind its impracticable provisions the absolute power he has hitherto enjoyed. It will be observed by the despatches that, though willing that it should be introduced at once into such insignificant places as Otago and Canterbury, he suggests the delay of its introduction at Auckland and Wellington until the Lieutenant-Governors of these settlements should have completed the six years enjoyment of the salary which is usually attached to such appointments. But Sir John Pakington not having properly appreciated the conclusiveness of such an argument, and having decided that the machinery should forthwith come into operation, it now appears that he is anxious to escape the explosion of the steam. I have now, sir, concluded the observations which I purposed to address to the Council. With the appearance and promise of liberty, we are, in fact, in a state of thraldom in all that relates to our share in a representative Government. The form and lineaments of the future occupant of the air and the sunshine may, indeed, be traced within the integuments of its insect state ; but they are still tied and bound by those integuments. We have still, sir, to cast the slough of our insect—l bad almost said ofour reptile condition. We have ‘‘ to shuffie off the mortal coil” of this impracticable constitution before our members shall be free for the performance of their legitimate functions; before w

can breathe the air and enjoy the sunshine of constitutional liberty. Mr. Porter considered that they would be premature in applying for separation before they ascertained what powers the Constitution really gave them. It seemed to him as if every thing they could wish had been given, and that if they found the Act did not give them all they wanted, the General Assembly had only to ask for it. There seemed to be every disposition in head quarters to grant them all the powers necessary for the good government of New Zealand, The liritish Parliament had dealt with so much liberality with the colonists as to appear to put before them a sheet of blant paper and say make out for yourself what Constitution you please. The few points reserved from the jurisdiction of the Provincial Council were mostly such as it must be evident ought to be under one general controul. The restriction as to the Land Regulations, however, was an exception; the Provincial Council should have the controul here. He fully believed it was the wish of Sir George Grey (of whose measures he had not always approved) to carry out this Constitution in the most liberal spirit ; there was proof of this in the manner in which, he bad so far as he could given them con roul over their Provincial Revenue and Land Fund. And although he (Mr. Porter) had at first been disposed to look unfavourably on the delay in calling together the General Assembly, he was now willing to believe that the Governor had delayed it in order that the Provincial Councils might first have the opportunity to state what they required, and that it might be done for them. He believed that Sir George Grey was willing to carry out the Constitution for the good of all, and they should give it a fair trial. Mr. Powditch was glad to hear the remarks of the hon. gentleman as regarded the power of the General Assembly to deal with this question as he was a member of it. 13ut had it the power to which he referred 1 This Province would be in a minority in that Body; and the Southern representatives may not think favourably of Separation. The natural features of this Province marked it as distinct from the other Provinces. After referring to the recent appointment of Postmaster General, which he described as needless, and the difficulty of attending superior Courts of Justice held in distant settlements, Mr. Powditch concluded by stating that he would support the motion. Mr. Busby briefly replied, and The motion was then put and carried nem. con. Mr. Gilfillan then obtained leave to bring in a Bill to interpret and shorten language used in Acts of Council.

Mr. Gilfillau moved the first reading of the Bill, hoping that the Council would, as the hour was so iate, accept the reading of the analysis as a reading of the Bill.

Mr. Busby contended that it should be read at full length, which after some further discussion was done. On the motion of Mr. Boy tan a Committee was appointed to report on the Sewerage and Drainage of the City. Mr. Brennan moved for “ a committee to enquire and report on the state of the Roads and relative works necessary to the interests of the interior, to the next meeting of Council.” Mr. Boylan seconded the motion. Mr. Williamson said that on looking at the extent of the duties which would devolve upon the Committee moved for, it appeared to him that some considerable time must elapse before a satisfactory report could be expected from them ; and, that the immediate consideration of the Council might be given as to what was best to be done with the Onehunga Road, he bad given notice of a specific motion respecting that Road. All were agreed as to the importance of the Mnnukau Harbour to the district, but until a good road all the way between it and Auckland were formed, its advantages would not be available. He would therefore move that*the Onehunga Road be excluded from the motion, Mr. Dignan seconded the amendment. He thought that the Committee could not prosecute their enquiries efficiently without the aid of maps, which would have to be copied at the Surveyor General’s office, and it would take some time to procure them. There should be no delay in setting about works of the greatest general utility, and he regarded the completion of the Onehunga Road as one of this class. Mr. Powditch thought there was no occasion to exclude the Onehuuga Road from the enquiries of the Committee applied for. That Committee could report on the most important works first, and proceed with their enquiries, and report from time to time. Tiie Onehunga Road would certainly demand their urgent attention, —but in fairness to other parts of the Province enquiries should not be conined to that road only. Mr. Lewis remarked that if the Onehunga Road were to be excluded from the motion, he would move that the Howick road he also excluded from it.

Mr. Gilfilliin thought the enquiries of both Committees might go oa at the same time, Mr. Williamson wished to explain that he had no intention to interfere with the original motion any farther than that as he thought there were special reasons to justify the appointment of a distinct Committee to report on the Onehunga road, it .would be more satisfactory to have it excluded. There was a difference of opinion existing as to the course the road should take into Onehunga; in memorials on the subject presented not long ago to the Government two or three lines were recommended as the best; and this was one reason why, in his opinion, a committee ought to be appointed in this case of members having no personal interest in any particurlar line. Mr. Brennan then withdrew his motion.

On the notion of Mr. J. O’Neill, seconded by Mr. Dignan, a Committee was appointed to draw up petitions to both houses of Parliament against any portion of the New Zealand Company’s Debt being defrayed out of the revenue of the Province of Auckland. Mr. Porter renewed his notice of motion respecting the harbour, and accommodation for vessels. The Council then adjourned till Tuesday next, at 3 o’clock.