LEGISLATIVE COUNCIL. Wellington, Thursday, Dec. 21, 1848.

New Zealand Spectator and Cook's Strait Guardian, Volume V, Issue 354, 23 December 1848, Page 3

LEGISLATIVE COUNCIL. Wellington, Thursday, Dec. 21, 1848.

The First Session of the Legislative Council of the Southern Province was opened on Thursday with the usual formalities by his Excellency thfe Governor-in-Chief. The new suite of rooms recently added to Government House was used as a Council room, seats- were provided for visitors, and the third room of the suite was thrown open to the puMic. A number of settlers were attracted by the novelty of the occasion and by an anxiety to hear his Excellency's opening address, there were also a few ladies present and a considerable number of Naval and Military Officers. A guard of honour of the 65th regiment under the command of Captain Newinham was drawn up in front of the Council Chamber. Shortly after three o'clock his Excellency Sir George Grey entered the Council Chamber attended by the Lieiitenant-Governor, and the following Official' Members ; — The Hon. Lieut. -Colonel M'Cleverty, commanding the Forces in the Southern Province ; theHon. Alfred Domett, Colonial Secretary Southern Province ; and r the Ron. .'Henry "vyilliam Petre, Colonial Treasurer Southern Province. Daniel Wakefield, Esq., was then sworn in Attorney General of the Southern Province. The following* gentlemen also took the oatlis and their seats as Non- official MemDjers *of the-Legislative Council of the Southed Province :4 — MacLeod Bdnriatyne; Esq. ■ .Francis-Dillon 1 Bell, Esq. - , ! " WdlKam Hickson, Esq. "':•*/ -.' , George Hunter, Esq. Alfred Ludlara, Esq. ' i George Moore, Esq. > - ' Prayers were then read by -the Re*, Ifc. Cole," M.A., invoking th& ©ivirie blessing on the deliberations of the-Coiincill ' The Gdvernor-in-Chief opened the r-busU ness of the 1 'Session by tike following address r-^-Gentwemen of the Legislative Council, v Xt'is with feelings, of very great satisfaction th^f I discharge, the dafy of opening the nrQe'eydihgs of 'tlte 4;rsft ]tegislajiv,e &^dv '-wHi^ii fias"§ver assembled in the" Southern' of New Zealand, and that I now, fo^th^. first time^sg^the Govermiieii^placerd in l p ( ojs^^,ion o| ; tlie: legitimate ttfeemX of 'making Jfetb'ojfn '^o iiPe CT pljb s h"c'th«s reasons -for tiie va'tVou's'taf^ sures it may adopt, and of ., thereby 'gaining that confidence which I ffefe^'s'atisfi.M an accurate Jchbwle^ge of its' intentions and views will' always obtain for it. ' These feelings of satisfaction are-heighten-ed j>y my now , havjfag if in my D pdw;er f t,o en? sure tor the itfhibitsn'ts 1 df^tHe Sooth off New

Zealand a. "share in the general legislation of the whole of these extensive Islands,- by call* ing to the., General Legislature a portion of the members of the several Provincial Legislative Councils, and by, ior the present, assembling, the General Legislative CounciLalternately in the Northern and Southern portions of New Zealand ; two measures which shall receive my early attention, in the full belief that they will confer very important advantages upon the Southern settlements, and will coutribute greatly to the advancement of the whole of New Zealand, whilst the increased number and the more varied experience of those persons, upon whose wisdom and advice I shall Lave to rely in framing laws for the general Government of New Zealand, will give me greater confidence in the various measures I may adopt, and will, I trust, in a great degree remove the difficulties I unavoidably labour under, from my necessarily imperfect acquaintance with the local requirements of so many distant and scattered settlements, and from my consequent inability to judge of the several degrees of influence which local causes- should be allowed to exercise in modifying those laws which are to be put in force throughout the whole territory. The circumstance of my being aided in the General Council by the advice and knowledge of so many, gentlemen from the various portions of New Zealand, will also enable me with greater confidence to propose and car,ry oat any changes in the Constitution or powers of the Provincial Legislative Councils,- which time and experience may point out as necessary, and the same circumstance will ultimately afford me the greatest assistance in introducing into this country a complete system of Rsprebentative Government, a measure which I anxiously desire to see accomplished, and the removal of the difficulties in the way of which has always, been to me au object of : the greatest solicitude. Frpm \yhatij have already stated, you will j have seen that the duties which will devolve on this, Council are of the most important kind,, being the entire conduct of all subjects of legislation connected with local affairs and tb,e control of the Provincial Revenue — a fair share in the general legislat on of the whole iof the New Zealand Islands — the removal of the difficulties which stand in the way of an immediate introduction of a complete Representative Government — and ultimately the supervision of all the details of such a measure, and its adaptation to the peculiar circumstances of each Province. — These are duties 1 which are in part unusual, springing from causes peculiar to New Zealand, and a light discharge of which forms an object of legitimate ambition for every intelligent mind, and will certainly, if well performed, establish a just claim upon the lasting gratitude of the inhabitants of these Islands. I do not propose to make any remarks upon the subject of the local affairs of this Province, as this duty devolves more properly upon the Lieutenant-Governor, who will, upon a future occasion, propose for your consideration all such measures connected with these, as may appear to his Excellency to be calculated to promote the welfare of the Province, or to advance its interests ; but upon the subject of the administration of the provincial revenue, I must make a few remarks, as this is a point connected with the general finances of the country, and in which the welfare of the whole islands is involved. I would remind you therefore, that the fact of the colony being able to defray the expenses of its internal Government from its own resources, is a necessary preliminary to the introduction of a complete representative form of government; the strongest inducement is thus afforded you to watch with the utmost vigilance the mode in which the revenue is appropriated in order to obtain at the earliest possible period for the European inhabitants of New Zealand that form of government which they appear so earnestly to desire. But apart from these considerations you will find that an orderly regulation of the finances of your adopted country, and a frugal expenditure pi the public resources in this the early stage of the colony will do more to establish its present prosperity and to promote its future welfare, than any other measure which you can adopt, whilst upon the other hand to plunge the colony into financial embarrassments at this early period of its^history, or to | create a large and unnecessarily expensive Government establishment, would entail upon New Zealand misfortunes which manj years of the most careful administration of, public affairs might not be able hereafter to remove. ,; , - There appears no reason to doubt that, under a prudent system of management, this ProfoHi'ee may shortly be able, from its awn income, to defray the whole of its legitimate civil expenditure. Its revenue is already cbh'iide'rable, ■ and by slight modifications in the mode of collecting it, is capable of considerable/improvement. In abjdut>two yea« frtim the present 1 time, the grekt? lioe&.of ro*ad Boy/ Ib^rfogreis #H1 be- corepletS&V'Siu^tfce'

town of Wellington will then be connected, by easy lines of communication, with immense tracts of fertile country, which will, I trust, be shortly in a great measure th« property of the Crown ; and which will then be fully laid open to the industry and energy of the settlers. These causes, taken in conjunction with the measures which I am about to propose for your adoption, ought to render the progress of this portion of New Zealand very rapid, and to cause a continued augmentation of- its revenue. It would also seem probable that the revenue of the Nelson district will rapidly augment, as its inhabitants' are now reaping the due reward of their industry and energy in the state of prosperity to which they are attaining ; whilst the rapid increase of their flocks and herds since the acquisition of the Wairau district must speedily ensure them a large export of very valuable commodities. Having thus before you upon every side the prospect of anincreasing revenue, whilst no corresponding augmentation is necessary in the Government expenditure, and bearing in mind that the aid this Province has hitherto r«ceived from the Parliamentary Grant has been chiefly devoted to great public works, and will for the future be almost, exclusively devoted to that purpose, there can be no doubt that, under an economical administration of its finances, it will shortly be able to provide the means of defraying the entire cost of its civil Government, thus relieving Great Britain from all charges which are not connected with the Naval or Military expenditure. There are two points connected with that portion of your duties, which relates to subjects of general interest for the whole Islands, which I am anxious to bring under your noiice, viz., — The subject of Steam Communication between the various settlements, and the subject of a. loan for the purpose of promoting Emigration. Upon the first of the above points I would offer the following observations for your consideration. You are aware that the purchasers of land in the Nelson settlement have set' apart a 'fund for the purpose of promoting Steam Navigation in Cook's Straits, which now amounts, I believe, with interest, to nearly fourteen thousand pounds. An essential part of the plan I propose for your consideration is, that the Nelson settlers should expend this sum in bringing out emigrants to Nelson in such proportion in each year, and under such system as, after due consideration, they may think most Hkeiy to 'promote the interests of that settlement. The subject of communication by steam, which appears -to be oue of general interest rather than peculiar to one settlement, might then be taken up by the Governments of the several provinces ; to promote such a plan, I would, upon behalF of the general Government, give up the Government Brig, and an annual sum of about eighteen hundred pounds the yearly cost of that vessel. If to this amount the • Legislature of each Province would add the requisite proportionate annual vote, a considerable sum would be available in each year for the purposes of Steam Navigation ; and as the whole management of the Post Office is now in the hands of the Local Government, I think, with the amount of about £5000 yearly at its disposal, it might easily contract for the delivery at, and carriage of mails between, the principal settlements in New Zealand by steamers of a sufficient tonnage ; the proprietors of the steamers being allowed to make such arrangements regarding the conveyance of passengers and goods as they might consider most advantageous for their own interests. I earnestly recommend the consideration of this measure to yoar attention, as one which is calculated in no ordinary degree to promote the prosperity of every portion of these Islands. The second measure of -general interest I have to recommend for your consideration is, the subject of a loan for the purposes of im- ' migration. I One of the great wants always experienced in a new settlement is that of some safe mode of investment for funds which are in the hands of the trustees of savings banks, of benefit societies, and of other similar associations. I think, therefore, that a great benefit might be conferred upon the public, and that a great advantage' might be secured to the colony, by the Government being authorized by law, to sell, at par, debentures in sums of not less than fifty pounds each, bearing interest at five per cent., for a total amount of -twenty-thousand pounds, the whole amount realized' by the sale of such debentures to be immediately expended in bringing out immigrants to tbis country.; . < It would be necessary to make the interest payable on these debentures a (first charge upon that portion of" the revenue of the colony which is uhtierthe control of this Council, and to secure' their ultimate repayment from the-same>source.,. -'lt would .also be requisite^ to authorize the -Government to sell

these debentures from time to time, as they might be applied for at the Colonial Treasury, as it is probable that a considerable pe- , riod might elapse before the debentures "for the whole amount -could be disposed of. The Council would further have to determine some date before which it would not be in the power of the Government to call thesedebentures in. It is, however, sufficient for me to indicate the general plan which I recommend for the consideration, of the Council, leaving it to yourselves, if you are favorable to the measure, after consultation with the persons best qualified to give advice on, such subjects, to modify the details in such manner as you may judge most expedient. In reference to that portion of your duties which relates to the removal of the difficulties which stand in the way of an immediate introduction of a representative government inlo the New Zealand Islands, I should inform you that I have proposed for Her Majesty'sGovernment the plan of a complete system of representative government, which might, I think, if no wholly unforeseen difficulties occur, be introduced into the whole of New Zealand in a period of about four years from the present time. If this plan should be approved by Her Majesty's advisers, I shall have to rely upon the wisdom of the Legislative Council of each Province for the adaptation^ of the details of the plan to their partipular district. In the mean time I trust that they will by their regularity, order, and diligence in the despatch of business, give an example worthy of the imitation of all future legisla-, tive bodies in New Zealand. I rely also upon; their taking care to place the finances of eachProvince upon so sound and perfect a basis, that when a representative form of government is introduced, there may be every probability, of such institutions working well from the satisfactory state of the finances, and from the order and regularity with which public affairs are administered in every department, at the time that the new Constitution is brought into operation. In conclusion, I would congratulate yourselves and the inhabitants of this Provincegenerally, both European and Native, upon the degree of prosperity and tranquillity to which, under the blessing of Divine, Providence, this colony has attained. Every causa of dispute between the two races, both in the Middle Island and in the vicinity of Wellington, has novr been removed, and such questions as are still outstanding in the Province, of New Munster are being daily satisfactorily adjusted, whilst the Native race are nrakingadvances in civilization which surpass the expectations of their most sanguine friends. Probably no surer proof could be afforded of the real prosperity of this portion of the Province of New Munster than the rapidity wiih which its inhabitants have recovered from the effects of the recent earthquakes, from which at one time it appeared so probable that very calamitous results might follow. The settlers, in this instance, have exhibited their usual energy and perseverance, and I have done ray utmost to second this by causing a circular letter to be addressed to the Governors of the neighbouring colonies, explaining the exact nature of the injuries sustained from the earthquakes, and requesting them to make public in their several Governments the fact that public confidence is entirely restored, as also that commercial and other operations have, for some time past, been resumed and carried on with their usual activity. I cannot allude to the great degree of prosperity and tranquillity which prevail throughout so large an extent of country, in portions of which Europeans are scattered amongst such various tribes, without acknowledging that this fact is greatly to be attributed to the exertions and prudence of the various Military and Civil authorities in this Province, the value of whose services have long been known, and whose merits I am glad to have this opportunity of again publicly recording. lam sure that you will feel it to be both a duty and a pleasure, in so far as it depends upon you, to afford, them every assistance and encouragement in the performance of their duties ; in your proceedings to promote these objects, as in all yonr efforts to promote the welfare of the Province, you may rely upon receiving at all times my earnest and hearty co-operation. G. Grey. Legislative Council Chamber, Wellington, 21st December, 1848. On the motion of Mr. s Bannatyne, the adcbress was ordered to be printed. Mr. Dillon Bell then gave notice of, the following motion— That this Council do address His Excellency the Governor-in- Chief, requesting that His Er« cellency will be pleased to afford such further information to the Council on the subject of the introduction hereafter of a Representative form of Government into this Province, as will put the Council fully in possession of His Excellency 1 * views «nd of the plan which it is His Excellency'! intention to lay before Her Majesty's Government. The Council then adjourned until Friday at three o'clock.

Friday, December 22. The Council met this chy at ihree o'clock; all the Members were presenT. His Excellency stated that before proceeding it) business it was uecessary to form a series of standing orders. The standing orders were then proposed and passed singtyt His Excellency then called on Mr. Bell to bring forward the motion of which he had given notice. - Mr. Dillon Bell, in rising to. more the resolution of which he had given notice, trusted the Council would extend their indulgence te -him, while making a few remarks on the subject of it which would be as brief as possible. His motion was for an Addtess to his Excellency requesting that he would be pleaded to afford the Council such further information respecting the introduction of a Representative form of Government in this Province, as would put the Council fully in possession of his Excellency's views and of the plan which his Excellency, in his opening address to the Council, announced he should pTopose to her Majesty's Government. However gratified, in common with the other Members of the Council, he felt yesterday on hearing his Excellency's opening speech, he confessed that he experienced some disappointment at the important subject of Representative Government being introduced with so slight an explanation of his Excellency's views and intentions. Remembering that it was solely at- the instance of his Excellency that the Constitution which Parliament had conferred upon this colony was suspended, ami that too, after his Excellency had declared that the Southern settlers were so well fitted for the Representative Institutions which it created, he had hoped that, in lefening to the introduction hereafter of those Institutions ot which they had been temporarily deprived, his Excellency would-have stated to the Council, with all possible distinctness, the principles on which he would be prepared to introduce them. He trusted therefore that, while the Council would see no spirit of opposition to the Government in his resolution, they would concur- with him in the opinion that it conveyed a desire they had some right to entertain, and some claim to hope his Excellency would meet. For he would remind the Council that, to be of any use as advisers.of Government, they must not only possess its confidence, but also some share of the confidence of the people who were to be governed ; and he was satisfied that neither the Government on the one hand, nor the colonists on the other, would place any confidence whatever in that Council if so great a question as that of Representative Government were lightly passed over by it. He should consider himself wholly nivjustified to his fellow settlers for accepting a seat at that table, if he did not take the earliest opportunity of asking from \ his Excellency a distinct enunciation of the present and ulterior views of Government on a matter of so much moment to them and to the future interests of this Province. | It was true that none of the Members who had been summoned there, had been chosen to represent the settlers ; but they were not fhe less practically responsible to them and amenable to public opinion for what they did. j On the contrary, while, if they had been elected, they would have been answerable only to their constituents, he believed that a -closer scrutiny into their acts, and a keener jealousy of their motives would exist, just because they might be supposed to be not altogether independent of the influence of the Government,' nor directly dependent on that of the community. The colonists had experienced a very bitter disappointment in the withdrawal of that freedom which was for an instant — and but for an instant — within their grasp, and he conceived they had a claim, since it had been taken away, to know exactly what prospect existed of its being restored. For his part, he iad accepted a seat in that Council on the distinct understanding, and in the earnest hope, j that the formation of it was but a step towards self gcvernment for this Province, a mere preparation of some things which all must admit should be settled first, among which one of the most import mt was the character and extent of the elective franchise. He was there-fore-the more anxious that the complete system of Representative Government which his Excellency had already prepared for the consideration of her Majesty's Government, should be made known to the Council, and through it to the settlers. It would be especially desirable that an assurance should be giveu of the time -within which that system would certainly come into operation within this Province. All the questions which threatened difficulties before, .were now either finally adjusted or in the course of being so : the European population had already recovered from the depression aud Injury which the misgovernment of early days had inflicted upon it, and the native population was exhibiting everywhere, excepting perhaps at Tarnnaki, signs of substantial improvement in -character and advancement in civilization, which promised..' to realise ■ the

highest hopes for the peaceful amalgamation of the races. Moreover, an impetus was now being given to coionUation in England conj nected with tins Province, whicii promised to add largely to its English population in a very short tim« ; and the founders of the Canterbury settlement might themselves, per-haps^be but the precursors of still larger settlements, projected on a scale and on a principle which should faintly emulate those which, led by the great fathers of Biitish colonisation', founded in old times an empire in the wilderness of America, Those newcomers, whom they desiied to welcome, would, as well as themselves, expect the assurance that they should, within a certain time, live under a Representative and therefore a responsible government. He dwelt the more on the matter as connected with this Province, because he desired to see it discussed strictly with relation to the inttrests and claims of this Province. If the condition of any of the other Provinces should in four years still be such that it would not be safe to introduce Representative Government there, were the Southern Settlers, who by that time ! might number 20,000 or 30,000 inhabitants, again i« wail? He (Mr. Bell) earnestly trusted that the difficult nathe questions his Excellency had to contend with in the North, would be settled long before the period he had mentioned ; but if they should unhappily continue, he could see no just reason why, as had often been contemplated, even by Parliament, the Souihern Settlers should any longer be deprived of the benefits of sell-govern-ment. But if his Excellency consented to the motion, and gave the explanations and assurances which the settlers hoped to receive, the moderate men, who always foimed the great majority in' any community, might then consider that this temporary Legislative Council could, after all, be of some use in assisting the Government to carry out that general policy which had produced such a comple c change in the aspect and affairs of this country since his Excellency assumed the administration, and ' which he (Mr. Bell) believed all the co'enists, without respect to party, did cheerfully admit to have been a liberal ene, a comprehensive ot.e, and a successful one. But they wished to see the fruits of 'hat policy, now that life and property wtre secure, they desired to devote themselves peaceably to the management of their own affairs, which his Excellency had himself declared them to be competent to do; and they would rejoice to see in the establishment by him of a form of Government, without whicii there could be no pet feet freedom, a new distinction added to his Excellency's name, and a new lustre shed on his administration. He (Mr. Bell) repeated, that the colonists who had left England to found these settlements, bringing with them the same claims and rights they possessed at home, desired to obtain that share in the Government, or rather that legitimate influence and control over it, which belonged to and accompanied Representative Institutions ; and he so thoroughly concurred with them, and had so long been imbued with the principles which they maintained, that he should only be too happy to see the labours of the present Council transferred to others who, elected by the people, representing the people, and supported by the people, might yet some day give that Council credit for honesty of motive and sincerity of purpose, and generously place an approving laurel on the page in the history of this Province which they had opened, with hesitation certainly, but yet with hope. Mr. Moore said it was with feelings of diffidence he rose to second the motion. He did so in the confident hope that his Excellency's oplanation would be so full as to satisfy the public mind that they were about to arrive at the end which they all desired by sound practical steps. Representative Institutions, embodying as they do the wisdom of ages wliich have been spent in their preparation and adaptation, cannot but be most suitable and desirable to all ihose who have been educated to understand and appreciate the piivileges which they confer. But it is sometimes better to advance by safe and easy stages on the road to self-government, on the same principle that you would give a knife of bone to a child until he was able to use a steel one. This colony in matters of self-government was yet young, its legislators young, its electors young. . They would go on educating and encouraging each other by the prospective view of ultimately arriving at the attainment of their wishes, by the safest, soundest, and most practical steps. He agreed with the remarks of his honorable friend respecting the native population. . The amalgamating the two races was so grand a view, and embraced so philanthropic a hope, was so just, so wise, so liberal, that they were bound to use their utmost endeavours to attaio it, and if called on to make a sacrifice they should cheerfully submit to it. He felt a confident hope that his Excellency would give the fullest explanation, and he believed that that explanation would be satisfactory.

Mr. D. Bell then moved the following address :—: — To His Excellency Sir George Grey, K.C.I*., &c, &c. Sir,-- The Legislative Ccuncil of the Province of New Munster, while they acknowledge the clear and con prehensive character of the speech with which your .Excellency opened the present session, desire nevertheless to address your Excellency, requesting that you will he pleased to afford such further information to the Council on the subject of the introduction of a Representative form of Government into this Province, as may put them fully in possession of your Excellency's views, and of the plan which it is your intention to submit to her Majesty's Government. Had not Parliament conferred a Constitution upon the colony, and had that Constitution not been subsequently suspended at your Excellency's sole and urgent instance, the Council might perhaps have been satisfied with the general allusions to your intentions on this point contained in your Excellency's address on the opening of' Council. But having reg-ard to all that has passed in Pailiament and elsewhere on the suLject of introducing Representative Institutions into the whole colony, and especially to the probable large increase of the population of this Province at an early period by the foundation of important settlements, the Council would submit to your Excellency, that in their opinion the Government would best consult the interests and feelings of the whole community, and most efficiently conduce to extensive immigration into the colony, by at once declaring as distinctly as possible in detail both the character and composition of the Representative Government, which jour Excellency stated in general terms you should recommend for adoption by her Majesty's Government, and also whether your Excellency has it in contemplation to take a-iy steps in conjunction with the Executive Council to secure that adoption at the earliest possible period. The Council are unwilling to trouble your Excellency here with an enumeration of all the points on which they wish ior information. B«t they submit that the questions which they more especially hope to receive an assurance upon are — First, the period within which the representative form of Government which your Excellency proposes shall certainly be inttoduced into this Province. Secondly, the principle upon which you propose that the elective franchise shall be based. And, thirdly, the power and constitution of such representative assemblies as will be created. Relying, indeed, with confidence on your Excellency's consenting to affcrd the detailed information which they ask, the Council would respectfully request you to acquaint them, at the earliest opportunity, with the purport of the recommendations which your Excellency may have addressed to her Majesty's Government on the subject. Council Chamber, Wellington, j December 22, 1848. His Excellency stated that he should have great pleasure in complying with their, request and-iu affording the required information ; but he should state that it was only within the last few days he had felt himself at liberty to do so, because his own views being to some extent different from those of Earl Grey, and his Lordship having suspended at his recommendation the proposed constitution for fiv^ years, he should feel bound not to do ! any thing which might tend to embarrass the home Government. He should have refrained from communicating his own views | to the public had he not ascertained that they coincided with those of Lord Grey. | It was only since his arrival at Wellington that he had been made aware of this. The manner in which the Council had called for his views had made it necessary that they should he reduced to writing ; he would therefore commit them to writing, and in laying tha: document on the table would afford further explanation. He would endeavour to prepare the document by to-morrow. Mr. Bell, with reference to one of the standing orders, asked his Excellency what course would be pursued by Members wishing to bring any motion before the Council. His Excellency stated that the Member would have to give notice of it in his place, or by letter to the Government, and that unless there was any thing in it very objectionable, the Government would not only render every assistance in bringing it forward, but would also instruct the law officer of the Government to correct any legal error which might exist in it. The Council then adjourned until Saturday at three o'clock.