LEGISLATIVE COUNCIL. Saturday, March 22.

New Zealand Spectator and Cook's Strait Guardian, Volume I, Issue 31, 10 May 1845, Page 4

LEGISLATIVE COUNCIL. Saturday, March 22.

After the minutes of the former meeting were read and confirmed, the Governor, in moving the first reading of the Militia Bill, observed, that his objections to the principles of the white population arming themselves still remained ; at the present juncture it was necessary lo be prompt, and his greatest objection — the effect it would have on the native population was removed by the late outrage. The Bill after a few remarks from Messrs. Whitaker, Donnelly, and the Attorney General, was read a first time. The various clauses were then read, and several amendments made, when the Bill was ordered to be engrossed, and read a third time on the 25th. Tuesday, March 25, The Colonial Secretaiy moved the third reading of the Militia Bill ; Mr. Donnelly presented a memorial against the Bill, which was read by the clerk. It contained the prayer, that the Bill should not pass into law, as being compulsory on all, of whatever persuasion or tenets, to bear arms ; that the Bill would be injurious to the colony, as proclaming that the colony was obliged to be governed by an armed population, and that instead of civilizing the natives by the arts of peace, and living with them in friendship, Europeans wei'e in direct enmity with them ; that persons of capital would therefore never emigrate, nor persons whose habits and pursuits were intended to be only directed to the cultivation of virtue, morality and peace among each other. The memorial was signed by 19 persons. After some remarks from hon. members deprecatory of the memorial, The Governor observed, that he was sorry to differ from the hon. members, for instead of thinking so low of the memorial, he thought its tenor so well expressed, and he knew that those who signed it were sincere in their opinions, and had been in their conduct, by the moral virtuous life they led, so beneficial to the community, that he should move that it be printed and entered on the minutes, although he was opposed to their views, as expressed in the memorial. The Governor then moved, that a despatch to him from Lord Stanley, dated 11th March, 1844, should be read by the clerk. The despatch was read : — He acknowledged the receipt of a memorial from the inhabitants of Nelson relative to the Wairau affair, and praying for military protection ; and Lord Stanley in reply observes that the Home Government cannot accede, unless the inhabitants themselves take some measures for military organization of a local force ; and in another despatch of the same day, his lordship recommends to Captain Fitzroy, to lay before the Legislative Council, a bill for a militia, or some organization of police. The Governor then observed, that agreeing, as he did, most fully with Mr. Whitaker, it would be unnecessary to answer the objections urged against the measuie. His great objection formerly to such measure was, that the natives might take alarm, not conceiving that we had any just grounds for our warlike preparations ; but, now, they knew we had reason for our proceedings, and the minds of the natives were pacified, and assured that our object was not, as had been insidiously propagated among them, by mischievous persons, to attempt to take away all their lands from them. The natives around were peaceful, because they hail now confidence in the Government, and because also — whatever opinions might be entertained by some on such policy, the Government had been so lenient to them, The feeling is still good among them, and we are now in a position to chastise those who offend, and to deter others without causing a general insurrection. Feelings of confidence in the Government are increasing, and unless some untoward events should arise, or loss of life in collision with some other tribe, they will be permanent. It will be on the next three months, and on the conduct of the Europeans towards the natives, that the fate of the colony depends. Inspire the native mind with .confidence as to our intentions. The natives are waiting, they say, to see the object for which our warlike preparations are made. They own we have> now, just provocation; but still, they cannot dismiss from their minds the fear that has been instilled into them, that our ultimate object is to take possession of their lands. They are not anxious that the Europeans should leave ; and the tribes at the Bay of Islands already begin to fear the loss of the benefits arising from intercourse with us. To render them still more concious of it, measures have been taken to blockade the Bay of Islands, by a British man-of-war, most completely, so that all intercourse shall be cut off between the natives and shipping. The natives in general, are quite alive to those benefits, and in the quarter in which it is apprehended that some difficulty at present exists, the question is not that the Europeans shall leave altogether. The question

of the Hutt, at Port Nicholson, simply arises from the natives, who have been paid for their land ; but when it was previously taken possession of by the New Zealand Company, and sold in England to parties who actually paid them for it, the Company had never bought it from the natives. These natives are anxious to retain a particular spot on the Hutt, in order to supply the town of Wellington, and this is the question at issue. Desertion of the Hutt, or of the town of Wellington, by the Europeans, is the last thing they desire. It is the influence of their self-interest to supply tbe town with provisions. It is not a question to drive away the settlers from the Hutt, but to occupy some choice portion of it themselves ; and he %oped, with some little management, matters would be amicably arranged. He would impress the necessity of cautious conduct towards the natives lat this crisis : opposite behaviour may lead to different results. War once begun — blood once shed in this district — war would be carried to lan extent, for which all would be sorry. We ! should endeavour, all we could, to avert such I evil. With respect to distributing the troops, at Taranaki they could not be kept. It is a settlement without a harbour, inaccessible by land as well as by sea. The Bill before the council, as formed by the learned framers, simply gave a power to the Executive authority, when necessary. Years may pass away without its being acted upon, the frame-work being ready, it was available when required. He, the Governor, had several objections formerly, to the Bill, but recent circumstances had removed them. — He had no objection to postpone the further consideration of it if the Council approved. It would become law as soon as passed, and remain so, as it was not likely to be disallowed by the Home Government, unless in some few minor points.., It was not probable that the Home Government will assist the colony, unless we help ourselves. If they see the colony do all it possibly can for its defence, the spirit of England is such, that Parliament will do all in their power to assist and aid us. The Attorney General said, he had been no advocate for this measure formerly, but recent circumstances had altered his opinions. If seventy or eighty men had been well trained, the results would have been very different at Kororarika. After solicitations from the various settlements for the Militia Bill, and after finding that special constables would not come forward in sufficient numbers, he thought this measure essentially necessary. Because three or four hundred troops had arrived, were the settlers to be supine, and not defend themselves ? If these troops were required in other quarters, and sent away, what could be done in case of an attack from the natives ? But with five or six hundred men, trained to arms, the case would be different. If peace is to be preserved, it must be by our shewing- to the natives that we are prepared to fight ; — that we can fight ; — and that we will fight. In his opinion, the sooner the Bill passed, and the sooner the population were trained; the greater reason we should have to anticipate no interruption to our present peaceful position with the neighbouring population. The Bill was then read a third time and passed. Thursday, March 27. j The Governor observed, before entering on the business of the day, he wished to bring under consideration of the Council a subject with reference to the Post Office. He had received information that there was in the Post Office a packet containing invoice of gunpowder and munition's of war, addressed to Messrs. Waitford & Smith of the Bay of Islands, coming by a vessel from Sydney there. It was said there were 100 barrels of gunpowder, which was for the purpose of supplying traitors in their rebellion. This packet the Post Master had demurred in giving over, stating that the oath which he had taken prevented him. It was on this point that he wished for the opinion of the Council — to ascertain how far it was expedient for the safety of the colony that such a document should remain untouched. He was averse to opening private correspondence, but here was State necessity. He conceived that he was armed with sufficient authority, bat as the Council was sitting, he wished to lay the matter before them before ordering the Post Master to open the letter. T]ae Post Master had produced a document to him, declining to open the letter, as the Post Office at home could not do so, without the sanction of the Secretary of State. Here, that could not be obtained under a certain length of time. la England, the warrant of the Secretary of State could be obtained in a day. The paper containing the oath of the Post Master General, was then read. The Governor then added, that the North Star, frigate, would immediately proceed to the Bay of Islands, in quest of the vessel, and if ammunition was found on board, she would be sent here. He then read a portion of the Royal charter, by which all officers are enjoined to assist the Governor in preserving the colony ; and he had no doubt himself of his authority ; but rather than adopt measures at once, he wished to take the more constitutional step of asking their opinion ; and he should move a resolution for the sanction of the Council : that the Governor and Executive Council be empowered to open letters

on credible evidence ; but he should wish to hear the opinion of the Attorney General. I The Attorney General remarked, that the object desired, might be attained by means more j unobjectionable than calling on the Post Master to open the letter. According to law, letters regularly coming through the Post Office could not be opened, but the contents might be ascertained by another mode. Let the letter be delivered to the parties with a constable in attenj dance, with a search warrant, and as soon as the j letter was delivered, the person might be taken | into custody, and the papers found on him examined. i The Governor observed, that the advice of the Attorney General appeared very good, but the parties to whom the letter was addressed, were on their way to America. If he were certain that the powder was on board, and was the property of the parties, the vessel should be seized at onee — but until he knew that fact, the seizure would be made at the risk of Sir E, Home and himself, who were in consequence liable, to damages, unless they could prove good cause for such seizure. If that packet was opened, the fact would at once be ascertained. If the Secretary of State in England is invested with such an authority, surely a Governor in a distant colony might exercise the same, for its safety. — The Post Office Commissioners would be here in three or four months, and they would have to report on the matter ; and, in writing to the Secretary of State, he should wish tolrefer to the opinions of the Legislative Council, therefore he should submit to them, on Saturday next, a resolution, to record their opinion on the subject. The Governor then moved the further consideration of the Estimates. ' On the motion for the sum of £3,723 for Magistrates and Police, Mr. Heale observed, that the small settlements were source of great expense and direct inconvenience to the Government. The larger settlements were taxed to support the smaller, and it was now obvious they could not be protected but inadequately- by the Government, who had yet the responsibility. He should therefore move, that the estimates for Magistrates and Police at Russell, Akaroa, Hokianga, and Petre, be altogether expunged. The Governor observed, that with regard to Akaroa, it had been contemplated to withdraw the Police establishment ; but it had become such a resort for whalers, and more especially for the French, of which nation there were many settlers, that it was deemed advisable to continue the services of Mr. Robinson, who had given much satisfaction to the Home Government, when is was thought some time since, the French intended to form a settlement there. I Mr. Heale withdrew his motion. The Attorney General observed, that if Russell was entirely expunged from the estimates, it would be prejudging the question, whether it should be reinstated by the Government. He thought it better to leave it on the estimates, with a small sum for contingencies, at the disposal of the Government, in such manner as may be thought fit under the circumstances arising during the current year. j The Governor said, that the Bay of Islands would be blockaded continually by sea, and a strong military post established ; but that perhaps for twelve months at least there would be no settlers whatever. The sum of £100 for contingencies was then agreed to. On the motion of £380 for Akaroa, Mr. Whittaker observed, that there were only 166 persons, from Akaroa to Stewart's Island, including the 60 residents at the former place ; he therefore should move that it be struck out. The Attorney General said, that Akaroa was quite a distinct settlement, on account of its political importance. The English Government will support it on account of what had occurred there with the French. The original sum was agreed to by a majority of 3. On the grant for Hokianga being proposed, it was agreed that the original sum be struck out, and the sum of £68 under the head of contingencies, for a Pilot and crew be granted. "The sum of £180 for Petre was then moved. Mr. Heale observed, that to have a Police Magistrate at such a place was direct encouragement to settlers to go there, who otherwise would come nearer to the capital. There were only about 130 people there. He should move that it be struck out. The Governor stated, that Petre was on the high road between Wellington and Taranaki, and had become the resort of the bad characters driven out from those places./ The motion of the Colonial Secretary, that the sum of £68 for contingencies was then agreed to. The following sums were then voted for Magistrates and Police, at Auckland £580 Wellington 663 Nelson 580 New Plymouth 570 The total Estimate for Magistrates and Police was then agreed to, at the sum of £3,009. The Council then adjourned to Saturday next.