General Assembly of New Zealand.

New Zealander, Volume XVIII, Issue 1714, 13 August 1862, Page 4

General Assembly of New Zealand.

[BY OUR OWN REPORTEB.]

LEGISLATIVE COUNCIL. THURSDAY, JULY 24th, 1862. Present: —The Chief Justice, tho Attorney-General, Colonel Russell, Major Richmond, C.8., Messrs. Cutfield, Stokes, Johnston, Menzies, Crawford, and Capt. Baillie. The Clerk of the House of Representatives bronght up a message from that House to the effect that it had adopted the report of the Joint Committee of both Houses on the Secret Committee of last session on Military Defence, witli an amendment, and they requested the House to concur in that amendment. The hon. Major RICHMOND, before moving the motion standing in his name, would wish to take tho sense of the Council as to the proper mode of proceeding. He considered the Council should adopt the report of the Committee without rcforence to the proceedings of tho outher House; he had no objection to the addition which had been made to the report of the Joint Committee by the other branch of the Legislature, but he would wish to be directed as to the correct proceedure in such a case. The ATTORNEY-GENERAL thought that when parties had been called upon to give evidence on the understanding that such evidence was not to be made public it would be a breach of faith to publish it, and he was prepared to accept the amendment of the other House, and, if it were necessary, would propose as an amendment tho addition to the report to which the House of Representatives had requested their concurrence. The CHIEF JUSTICE referred to the causo of the appointment of this Committee, viz., the question of the custody of its reports, and he thought the time had arrived when the Government should provide a proper place for the security of the records of the colony. Mr. MENZIES considered that as tho Council and the other House had a joint custody of these papers, it would be advisable that the Council should approve of tho addition which the Houso of Representatives had made to the report of the Committee. Major RICHMOND then moved the adoption of tho report of tho Joint Committee of both Houses to whom it was referred to recommend the course to bo adopted with regard to the minutes of proceedings of the Secret Committee on Military Defence. Tho ATTORNEY-GENERAL would formally move, as an amendment, the adoption of the report with the addition of tho words " but that none of the records of tho said Committee bo at any time printed or made public, except by leave of this Council and of the House of Representatives." The report as amended was then adopted. Major RICHMOND moved that a message bo transmitted to the other House, signifying their concurrence in tho addition made to tho report by that House. Motion carried. j The ATTORNEY-GENERAL wished to postpone the second reading of the several bills which he had introduced until Monday. It was his intention to ask the Council to refer those bills which he desired to proceed with to a Select Committee, as the hon. members of tho Council whom ho would wish to nominate for the Committee were at present engaged on the Solect Committee on the Court of Appeal Bill, which must demand their attention for some days yet. Although ho should ask the Council to proceed with only three of the Bills, he would wish to enter into the details of each, because ho hoped that tho ventilation of the several subjects would elicit opinions which might be most valuable, and assist in future legislation. He therefore moved that the second reading of tho Imprisonment for Debt Bill, Juries Bill, Constabulary Bill, Lunatics Bill, Supreme Court Act (I860) Amendment Bill, Gaol and Prisons Bill, bo orders of tho day for Monday next. Mr. MENZIES moved the second reading of tho Town of Clinton Bill, and in doing so could not overlook the remarks which had fallen from an honorable member of the Council when he had introduced this Bill. As regarded the propriety of the present name of Invcrcargill being retained because it was peculiarly associated with that of a person to whose exertions in its behalf the Province of Southland was greatly indebted, he (Mr. Menzies) wish to remark that forsomo years previous to his decease, he had had some acquaintance with that gentleman. He regarded him with a high personal regard and valued him as a dear personal friend—but at the same timo, in considering a matter of this nature, he could not forget that during his administration the first idea of separation mooted. He did not wish to say any more on that subject. The settlers of Southland, when they determined to change the name of their town, considered that their better plan was to adopt the name of some eminent statesman or soldier, and at the same time not create confusion by choosing one already appropriated by other places, and he thought they had done well in selecting that which they had. The Duke of Newcastle had shown his perfect knowledge of the require ments of New Zealand, and displayed his sympathy in her disasters, and he thought that noble family was eminently entitled to have its hereditary name associated with the colony. Colonel RUSSELL could not concur in the argument of the hon. gentleman. The name Invcrcargill was peculiarly associated with the formation of the Province, Mr. CRAWFORD was surprised that on such a subject there had been no petition presented. It was quite immaterial to him what the name of the capital town of the Provinco of Southland might be, but he would suggest to his hon. friend that he should postpone the second reading of the Bill until some expression of public opinion had been made. It would have been possible before the introduction of railway and speedy communication that a Scotch member of Parliament should have proposed to alter the name of the county of Edinburgh, and a Bill have been passed for that purpose, and the people of Edinburgh known nothing about it. The CHIEF JUSTICE thought there should be a proved necessity for alterations of this kind; he had no objection to a change of name; but the Council should be satisfied that this sort of legislation was required. He recommended the mover to accede to tho suggestion of postponement. Mr. CUTFIELD would have preferred to have seen a petition on this subject; the name of Taranaki had been changed and without a petition; therefore there was a precedent. He also knew that in England tho town of Devenport had received its present name by legislation, being changed from that of Plymouth Dock, and he believed without a petition from the inhabitants. Mr. MENZIES thought that, although certainly no petition had been presented, his opinion as a representative of that Province should be taken as a guarantee of tho wishes of the settlers. He could not see the force of the objections raised, and must press the second reading of the Bill. Tho Council then divided. Ayes, 3—Mr. Cutfield, Major Richmond, and Mr. Menzies. Noes, 7—The Chief Justice, Colonel Russell, the Attorney-General, Messrs. Johnston, Crawford, Stokes, and Capt. Bailey. The Bill was consequently lost. The Council then adjourned to Friday. FRIDAY, JULY 25th. Present: —The Chief Justice, the Attorney-General, Major Richmond, Mr. Stokes, Mr. Menzies, Captain Bailey, Mr. Cutfield, and Colonel Russell. On tho motion of the ATTORNEY-GENERAL, an Act to amend " The Election Petitions Act," was read a first time, and ordered for second reading on Monday. The SPEAKER informed the Council that ho had received a notification from tho Governor, that His Excellency had issued writs of summons, as members of the Council, to the hon. Andrew Buchanan, Duncdin; the hon. John Hall, Christchurch; and the hon. George Leslie Lee, Amuri. Mr. MENZIES moved for papers relating " To tho delegation of powers under tho Wasto Lands Act, 1858." The ATTORNEY-GENERAL had no objection to their production, but tho papers would have to bo procured from Auckland, and some delay may arise before they could bo presented. Mr. MENZIES had no wish to embarrass the At-torney-General. He would be satisfied by tho papers being laid on the tablo at tho earliest convenience. Motion carried, and the Council adjourned. MONDAY, JULY 28tii. A sufficient number of Members not having assembled to form a quorum, the council was adjourned by the hon. the Speaker after the lapso of half-an-hour, as prescribed by tho Standing Orders. Present: —The Speaker, and the Chief Justice. TUESDAY, JULY 29m. Present:—The Chief Justice, tho Attorney-General, , Mr. J. Menzies, Major Richmond, C. 8., Mr. J. C. Crawford, Mr. G. Cutfield, Colonel Russell, Mr. J. Johnstone, Captain Bailey, and Mr. R. Stokes. Tho ATTQRNEY-GENERAL laid on tho table Certain papers relating to the " Waste Lands Regulations," in compliance with an order of the Council. Major RICHMOND brought up the report of the Joint Committee of both Houses on Standing Orders on Private Bills. Report was read and received, and the Major gave notice of moving its adoption on ft future day.

The ATTORNEY-GENERAL informed the Council that the lengthened debate which had taken place in the other house had eventuated so that in the opinion of the Government it had become their duty to tender their resignation to His Excellency; they had done so, and His Excellency having been pleased to accept such resignation, they now only held office until their snecessors were appointed. He thought it his duty briefly to enter into some explanation of the circumstances which had led the Government to come to the conclusion which they had, because some interruption of public business necessarily arose on such occasions. The Council were aware that the Government had anxiously desired to get rid of what they considered a vicious element in the former mode of conducting the administration of Native affairs, viz., the existence of a separate Native Department; and several debates had taken place in the other house on the Native policy; in the course of such debates many questions had arisen, and a section of the house had demanded that tbe Government should lay before it its views of the relationship existing between the Government and His Excellency on Native affairs. They had done so, by the Colonial Secretary moving tho resolution which ho had,—" That while this house disclaims, on the part of the colony, the exclusive responsibility of the cost of educating, civilizing, and governing the Native race; while it equally disclaims liability for the principal share of the cost of suppressing insurrections of a people over whom the Imperial Government has never practically established the authority of law; it will at all times cheerfully recognize its duty to co-operate to the extent of its ability and means with Great Britain for the attainment of these objects, so essential to the welfare of tho colony; and in conformity with these views it is of opinion that the interests of the Imperial Government and of the Natives themselves, as well as of the colony, require that (reserving to the Governor both the initiation and tho decision of questions where Imperial interests are concerned), the ordinary conduct of Native affairs should be placed under the administration of Responsible Ministers." That motion had not been negatived by the result of the lengthened discussion which had taken place upon it, but having been successfully mot on the part of the Opposition by moving "the previous question," the Government were placed in a minority. The reasons for tho conclusion to which the Government had come were, that they thought, taking the best view they could of their position in the other house, they could not count on that hearty co-operation which was desirable. In tho Government itself, also, there were differences of opinion, which it seemed improbable would have been arranged. Under these circumstances, therefore, they had considered it their duty to recommend His Excellency to send for a gentleman to whom had formerly been entrusted the conduct of the Government of the colony. He believed that had been done; but he (the Attorney-General) had not yet been informed of the result. It was usual on an occasion of this description to suspend the business of the Council till the necessary arrangements were perfected, and he less regretted having to move the adjournment of the Council, inasmuch as the most important business was in the hands of Select Committees, whose meetings would not be delayed. Tho hon. member then moved the adjournment of the Council till Thursday.