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New Zealander, Volume 9, Issue 791, 12 November 1853, Page 3

It is becoming increasingly obvious that, unless those members of the Provincial Council who have the good of the community really at heart, unite to present a determined front of resistance to every attempt to involve them in questions over which the Constitution Act was never intended to give the local Councils a right of control, —and the discussion of which can only divert them from their proper duties into courses which will eventually prove neither creditable to themselves nor beneficial to their constituencies, —there is imminent danger that a great part of the Session will be worse than wasted in the chase after objects which, (even if they were universally admitted to bo desirable in the abstract), can never be attained in the way in which the movers would have the Council pursue them.

We have already called attention to the character and probable issue of the very ill-judged proceeding on the question of Provincial Separation, which some who helped it forward will, we have little doubt, sincerely regret when they find how ready a weapon it may yet be made in opposition to that Provincial Independence which we might all have cordially united to seek in a legitimate way. We have now to advert to a new movement, originating in the same quarter, and tending to equally mischievous results, which was brought forward on Wednesday, find stands over for further consideration on a future day. We allude

to Mr. Busby’s effort to lead the Council into an adoption of his views and feelings on a variety of topics,--including the conduct of the Colonial Governors and Governments from the days of Sir George Gipps, if not before, down lo those of Sir George Grey; on the nature and mutual bearings of Ordinances and Treaties past ard present; and on Lai d Claims during the long period in which Mr., Busby’s personal experience in relation to them lias undoubtedly been so intimate that, if he were lo compile a history of the most notable, lie might, without any extraordinary egotism, inscribe as the motto on its litlcpago. Quorum pars magna fui. All these subjects at least vvere comprehended in the motion, interpreted, as its import may fairly be, by the very long speech with which it was introduced.

No wonder that Mr. Boylan objected, and that the Council sustained the objection, to gratify Mr. Busby by coming to an extemporaneous decision on questions of such extent and magnitude, even so far ns to appoint a Committee lo carry out bis proposal,—particularly as it could not have escaped notice that Mr. Busby would have fiat committee one of nominees , —not elected by ballot, but chosen by himself, and chosen with such a forgetfulness of the principles on which the Committee, if appointed at all. should beselected, that Mr. Clarke, one of the gentlemen named in the list, stood up in his place in Council, and, with a frankness which did him honour, declared that he ought not lo be placed upon it. Why, we are bold to affirm that the Judicial Committee of Privy Council would not have hazarded the legal judgment implied in the first sentence, on the mere authority of the statements in a speech which was characterized throughout, to a painfully evident degree, by private feeling, and the unmeasured personal attacks in which compelled the Speaker again and again lo interpose in a lone ofrcmonstranceand ce&sure. The second sentence involved ail accusation against the Queen's Representative on which no upright Jury would declare an off hand verdict of Guilty against the humblest member of the comn uiii y, on the e.r-parte appeal of a vehement prosecutor. And (he third would before it could be carried out in that painstaking and searching manner which public opinion would imperatively demand from men who undertook the invesligaliondevolve an amount of labour and protracted investigation on the Committee, which the Council might well hesitate lo impose upon any of its members, unless stringent neccssityor an overwhelming sense ofdnlyrendered it inevitable. A fortnight was a very moderate lime indeed lo deliberate, before even those who might in the main sympathise with the motion could feel free to voleforil.

It is to be hoped that, in the interval thus secured, the members who sincerely desire to give the New Constitution a fair trial, and to extract from it all the good it is capable of yielding to the Province and the Colony—(and we unaffectedly believe that such is the real disposition of a large majority of the Council) —will maturely and impartially consider the true character and tendencies of this motion. Many of them, we are aware, look with sympathising regard upon the cases of some of the later land purchasers especially; but we think they may easily perceive that this movement is far from* being the best adapted to their circumstances. Let every effort be made to obtain from the General Assembly a full and entire transfer to the Provincial Council of the Waste Lands of the Province, and then let individual cases, as they maybe brought forward, be inquired into in a candid and kindly spirit, and let whatever may appear just be done in each, according to their respective merits. This course will open a feasible door of redress for hardships and unmerited losses whenever the existence of such can be proved; whereas the adoption of Mr. Busby’s motion would only add to the complication of what is already complex, increase the difficulties of what is embarrassed, and substitute for the consideration which local representatives, fully cognizant of the transactions complained of, would be likely to give to the subject, the meagre contingency of the possible effect of Petitions to the Home Authorities which might very probably be summarily dismissed with a reference to the General Assembly of the Islands.

It was only on Thursday that the whole series of communications forwarded to the Council by His Honour the Superintendent so long ago as Tuesday the Ist instant, were read. The delay seems a very unaccountable omission, as we believe it to be demanded by the proprieties of the case, (and indeed it may be said by common courtesy) as well as for the convenience and information of members and the public, that all Messages from the Superintendent should be read immediately on their being received . There may be something in their contents requiring prompt attention ; and, if there be not, the consideration of them may easily be postponed to another day. In the present instance, it was found that while someof the enclosures were only circulars from the Governor to theseveral Superintendents, the purport of which was already generally known—some contained new and interesting information respecting the extent to which His Excellency is willing virtually to delegate certain executive powers to the Superintendent (as in the remission of punishment, the recommendation ol new Justices of the Peace, etc.) The whole have been ordered to be printed, and will thus come before the public; but we introduce the following here, as bearing upon that vital question the New Zealand Company’s Claim. It proves most satisfactorily that (whatever busy bodies, with whom regard for truth is a small matter, have striven to circulate to a contrary effect) the portion of the Land Revenue which the Act of Parliament requires to be set apart for the Compand has not been forwarded from this Province , —that it will not be forwarded unless an imperative mandate from the Imperial Authorities should enforce it, —and that His Excellency is fully mindful of all j lint he led the members of the old Provincial Council to anticipate as to his thorough disposition to render his aid to save Auckland from the infliction of the demand. He thoroughly recognizes the principle . that il the Province of Auckland is very differently circumstanced from (he other Settlements with respect to the Debt”— and we cannot but anticipate the best results from the explanation and advocacy of that all-important distinction, on his approaching visit to England,—if indeed the question has not been already settled

through iho Just ami forcible represcnlaiions forwarded not only from the people but also from His Excellency and the Executive Council of the Province. Civil Secretary’s Office Wellington, s(h August, 1855.

Sm,—The Circular Letter of this date, No. '>5,1007, containing the general instructions for the future disposal of the Land Revenues of the colony was forwarded to your Honor, in common with the Superintendents of the other Provinces, in order that you might he acquainted with the general principles adopted throughout New Zealand on this important subject. 2. The Province of Auckland being, however in very different circumstances fromthe other Settlements, with respect to the debt charged upon the Land Fund by the New Zealand Constitution Act to he paid by the Coloixy to the New Zealand Company, I have been honoured with His Excellency’s commands to communicate to your Honor the following specific instructions upon (his point, which (in accordance with a promise to that effect made, as your Honor is doubtless aware, by His Excellency when last in Auckland,) have been issued lo the Commissioner of Crown Lands. And lam further directed lo request that your Honor will be so good as to consider them as a modification with regard to the Province of Auckland, of Hie instructions contained in the Circular Letter above referred 10.

5. The Commissioner of Crown Lands has decn directed lo pay the one fourth part of the proceeds of Land Sales, which would otherwise have been paid into the Commissariat chest towards the liquidation of (he Debt to the Company into the General Treasury, to he retained there until definite instructions as to the ultimate disposal of that portion of the Land Fund of the Province of Auckland shall have been received from England.

4. The Commissioner has been instructed to pay fifteen per cent of (he proceeds of the Sales of any Lands purchased from (he Aborigines previously to this dale into the General Treasury, in order that such amounts may be devoted io objects for the benefit of the Native race, in accordance with agreements entered into with the owners at the time of (he purchace of those Lands. I have the honor to be. Sir, etc., (Signed,) Alfred Domett, Civil Secretary. His Honor the Superintendent of the Province of Auckland.