GENERAL LEGISLATIVE COUNCIL. Wednesday, August 1st, 1849.

New Zealand Spectator and Cook's Strait Guardian, Volume V, Issue 423, 22 August 1849, Page 3

GENERAL LEGISLATIVE COUNCIL. Wednesday, August Ist, 1849.

Yesterday, being the day announced for opening the tenth session of the General Legislative Council of New Zealand, his Excellency Sir George Grey, X.C.8., Governor-in-Chief, and his Excellency Major-General George Dean Pitt, K.H., Lieutenant-Gover-nor of this Province, proceeded to the Council Chamber at three o'clock, where they were received by a Guard of Honour with the RegimeTntal colour and band of the 58th regt., under the command of Captain Parratt. At a few minutes after three their Excellencies and suites were ushered into the Chamber, where they were received by the official and nonofficial members, namely, the honourable the Colonial Secretary, honourable the AttorneyGeneral, honourable the Colonial Treasurer, the Surveyor-General, F. W. Merriman, Esq., R. C.'Barstow, Esq., Lieut.-Col. W. Hulme, Majtfr H. Matsoo, and S. Kemptborne, Esq. The portion of the building allotted to the press and the public is comfortably fitted with covered seats, and was thronged on this occasion. As soon as the members were seated, the Rev. J. F. Churton, Colonial Chaplain, of- , fered up prayers for the Divine blessing on the deliberations of the Council." , The usual oaths were administered to the new members," Colonel Hulme, Major Matson, and Mr. Kempthorne. The Governor-in-Chief then addressed the Council as follows ;—; —

Gentlemen of the Legislative Council,—l have assembled you for the purpose of bringing under your consideration matters of more than ordinary importance, and in reference to which, you may, by a judicious ex-

ercise of the powers with which you are Entrusted, be the means of conferring benefits of no ordinary kind upon this Province. It has appeared to me that the recent decision of the Supreme Court upon several points connected with the validity of titles to land in this colony, has been such ss to justify me in proposing, for your adoption, a comprehensive and complete plan for the removal of the doubts which have been entertained as to the validity ot numerous Crown grants, and for the general settlement of the land question, the prevailing uncertainty regarding which has for so many years proved so serious a detriment to (be interests of this Province, although probably neither the extent of the evil, nor the difficulties of adjusting it have been eithet generally known or appreciated. Since the establishment of the Northern settlements various laws and regulations for the disposal of land have been in force, aud these have been frequently altered.. During this period, no less a number than 1670 grants have been made. Partly from the difficulty of ascertaining what the binding rule was, tnd partly, apparently, from an opinion that an adherence to the rules prescribed on the subject was not essential to the validity of a grant, a large number of the grants issued have not been made in conformity with the laws and regulations. The greater number of these grants have been issued in pursuance of the provisions of the Land Claims Ordinance, yet but very few of them have been made in strict conformity with the general requirements of that ordinance, the great majority being irregular in a variety of ways, some of which will be illustrated from the returns which will be laid upon the table. In &orae cases these grants convey portions of lands, described by exactly the game boundaries, to two or more claimants :v: v the great majority of them contain no particular description of the specific parcel of land intended to be granted ; some of them recite that a Commissioner had reported that the grantee was entitled to receive the grant of land conveyed to him, when, in fact — in some of these instances — the Commissioner had recommended that no grant should be made, and in others the claim had not been heard by a Commissioner; some of these grants purport to convey land in compliance with the recommendation of a Commissioner, although the Commissioner had reported either that the claimant had not shown that the land had been purchased from the natives — or that it had not been purchased from the natives until after the issue of the proclamation prohibiting such purchases. Some of these grants are believed to convey quantities of land Very largely in excess of that which it is stated in the recital that the grantee is entitled to receive. Many of them contain such vague deacrintions of the land granted that it is difficult to tell what land is intended to be conveyed by them, and in the case of grants of adjoining land to several individuals, or of reservations made of certain portions out of a whole tract said to be granted, the description given is so vague, that it will be almost impossible to determine the respective rights of the various persons interested. Moreover the Commissioner who bad heard the claims to land, previously to the issue of the Crown grants alluded to, wrote to the government stating that he had frequently regulated the extent of land he had recommended to be granted to the claimants by the quantity of land which, after making a fair allowance for the claims of opposing native rights, it appeared probable to him that the native sellers had been clearly free to dispose of — and he at the same time stated that he believed that the native title to some of the tracts of land aboutto be granted had never been fully extinguished — that the Commissioner could in very few instances obtain an accurate description of the boundaries claimed, and that if the Crown grants should be issued in the manner which has been adopted, either mischief would ensue to the settlers if the natives were strong, or if they were weak and isolated, then the natives would suffer injustice. Hitherto, in the great majority of cases, the lands so granted have been either left unoccupied, or only small portions of them have been occupied ; and no person yet knows accurately the extent or position of the lauds which have been granted by the Crown, but instances have already occurred in which, when these lands have been attempted to be taken possession of, the representations made by the commissioner who heard the claims to which I have alluded have been fully borne out by the circumstances of the case. Under circumstances such as I have above detailed, doubts were naturally entertained as to the validity of these grants. By lawyers many of them were deemed to be certainly invalid, and this opinion was coincided in by the home authorities. However strong was the opinion entertained as to the illegality of many of these grants, it would, nevertheless, have been difficult, in the absence of any judicial decision, to have removed these doubts by declaring them, by

means of a local ordinance, to be invalid and | illegal. More than once within the last two years, the expediency of sending home some person with a competent knowledge of the matter, specially commissioned to press upon the Home Government the necessity of dealing conclusively with the subject by Act of Parliament, has been considered by the local Government. But in the absence of any judicial opinion, and especially after the instructions to try the question at law in the colony, it would probably have been said that the proper course was to refer, in the first instance, to the courts of the country as a necessary preliminary for the guidance of Parliament. It thus appearing cfaat, without trying the validity of these grants, no hope existed of a general settlement of the question, recourse was had to proceedings at law in the Supreme Court with a view to this object, and two cases which, from their irregularity, and for other reasons, appeared suitable for the purpose, were selected. From the infrequency of communication between the Northern and Southern Provinces, and the importance of the questions involved, these proceedings have occupied a considerable time, but, on the part of the Government, they were prosecuted with all possible despatch. At last the judgment of the Court — given in both cases at great length — has been obtained, and it has now become necessary to determine upon the course the Government should pursue. It appears that three courses of proceeding are open for the adoption of the Government. Istly. As the judgments which declare the validity of the grants in question are contrary to the general opinion, the Government could appeal, against such judgment with a view to obtain the opinion of the highest tribunal, previously to moving further in the matter. 2ndly. The Government could accept the decision of the Supreme Court/but move no further in the matter ; or, 3rdly. At once adopting the judgment of the Supreme Qourt, it may attempt a general and final settlement of the whole question by a Legislative enactment. If the Government were to adopt the first of the above-mentioned courses, two more years of doubt and uncertainty would probably elapse before the final decision of the Judicial Comraiitee of the Privy Council coiild be obtained. It is quite possible that the judgments of our Courts might then be reversed, but in that case, at the distance of two years from the present time, the question would be as far from a settlement as ever, with a greatly diminished probability of any general measure being assented to which would render these grants valid. The adoption of the second line of proceeding to which I have above alluded, viz., merely to accept the recent decisions of the Supreme Court, without * moving further in the matter, would not, in any degree, advance the general settlement of the question ; because these decisions, in fact, only practically decide j the two cases which were submitted to the court, and leave those grants entirely unprovided for which, in accordance with the recent judgments, are probably void from uncertainty, and which are at least practically valueless for want of a description of the land intended to be conveyed by them. Many doubts would also still bang over agreat number of grants, the points on which their validity appears doubtful being very various; and a change in the judges to ethers holding different views on points which are admittedly very obscure and doubtful ones, might at any time re-open the question and perpetuate the evil. The difficulty in which the Government has ; hitherto been placed may be said to have been, that whilst strong feelings were, on the one hand, entertained of the absolute necessity which existed fora final settlement of the land question at the earliest possible period, yet there appeared, upon the other hand, almost insuperable difficulties to be overcome, such as taking land from one class of the Queen's subjects to give it to another ; interfering arbitrarily with private rights ; acting upon an uncertain and unascertained rule, which let in some and excluded others ; throwing upon the public revenues a charge, and again mortgaging the land revenue to secure private interests. It may even now be said that the Government is placed in a position which compels it to incur the responsibility of either having the question still unsettled for an indefinite period of time, or of incur ring the responsibility of proposing to the Legislature a measure which must be open to some of the objections above stated. I feel, however, so strongly the vast importance of a speedy, general, and conclusive removal of those doubts which hang over nearly all the titles to land iv this province, that, without expressing otherwise my opinion upon the recent judgments, which — on account of the important questions they involve, and for future guidance — it may still be necessary to appeal against, I have determined to adopt them, and to propose for your consideration an. Ordinance declaring valid and effec-

tual all grants to land which have been made by Her Majesty's Representative under the public seal of the colony. I have further felt that, in thus adopting, as a rule for guidance, the recent decisions of the Supreme Court, a useful precedent will probably be established, as it is not unlikely nhat hereafter very important differences may from time to time arise between the Government and large sections of the community, which may involve opposing interests of different classes of the Queen's subjects, which differences may be of such a nature that the decision of the Supreme Court may be obtained regarding them, and I cannot but think that the interest of the community at large will, in such cases, be generally best served' by both parties adopting as their rule of guidance that interpretation of the law which may be placed upon it by its proper expositors. I have purposely refrained from introducing into the measure I am about to submit for your consideration, some details, which it will probably be found essential to adopt into it, to secure its beneficial working in practice ;• because I thought it better, in these points, to rely upon the wisdom of the Council, for such improvements in the measure as their practical knowledge of the country may enable them to suggest. Such as the means by which, in the case of conflicting claims between grantees as to particular tracts of land, or as to specific boundaries, their several rights are to be. adjudicated upon and adjusted, and by what standard priority of choice is to be determined. As also under what regulations main lines of road and lands, otherwise essential for public purposes, are to be reserved in cases where large contiguous tracts of—country are granted away, and such like questions which will naturally suggest themselves as the measure passes through the Council. It will be observed, however, that the Government have in the measure to which I have alluded apparently aimed at something more extensive than a mere plan for affirming the validity of the grants connected with the old land claims. I should therefore explicitly state to the Council that doubts, different from, those I have already stated, hang over the validity of nearly all the grants which were issued in the early days of the Colony, and that, after bestowing the most careful consideration upon the subject, I think that there are such serious doubts regarding the validity of the great majority of these grants, that the Legislature will act wisely in putting this most important question finally and conclusively at rest, by passing an Ordinance which will effectually quiet such doubts. The foregoing are the causes which have led iije to propose for your adoption an Ordinance which, whilst it relates to a subject beset with difficulties, I still regard as a measure of the very first necessity for the future p.osperity'of this country, and from which, if it is wisely matured by your experience, I believe that the most lasting benefits will be secured to this Province. In the hope of attaining such an end, I have resorted to you for assistance and advice, in the full certainty that these will, upon so important a subject, be afforded me in the same spirit of confidence and readiness with which I have sought them at your hands. Another measure connected with the administration of the Waste Lands of the Crown in the Province of New Ulster has been by my directions prepared for the purpose of being laid before you. The object proposed to be attained by this measure is to give the force of law to certain rules which~in conformity with the powers vested in me by the j Charter and Royal Instructions I have issued for the regulation of pasturage upon Waste Lands belonging to the Crown, In framing the regulations which are embodied in the Ordinance to which I am alluding, I attempted to give the inhabitants of this Province some share in the administration of the Waste Lands of the Crown, and that in relation to points which most nearly concern the welfare and prosperity of the middling and humbler classes of society. I hoped that the result of this would be that they would soon perceive how dependent their own future interests and those of their children are upon the prudent administration by the Government of the public lands, and that they would be brought to understand: that the Government simply administer these lands as a trustee for the public benefit, and that its only desire is to maintain the rights of the public in relation to them. The management of the Waste Lands of a Hundred, and of the funds raised from thbse who depasture stock' upon them, are also subjects in which nearly every colonist must be interested, and I cannot but think that the entrusting the settlers with the necessary powers for these purposes, will Lave the effect of creating much public spirit in the colony, and of gradually inducing the people to take a far greater degree of interest in : the affairs of the neighbourhood in 'which they/ reside, than they do at present.

Upon the whole I think, that although this measure may not be so striking in its features as that which I have submitted to your consideration for the purpose of quieting titles to land in New Ulster, yet that it will hereaiter be regarded as a measure of great importance, which will secure very valuable privileges to the inhabitants of this country. It is only necessary for me to call your attention to one other 'subject. No immediate necessity having hitherto arisen for legislating on matters of iuterest peculiar to New Ulster, and which were within the jurisdiction of a Provincial Council, no such Council lias yet been constituted for this Province. It was my intention, however, about this time to have constituted such a Council, to have assembled it for the appropriation of the revenue for the ensuing year, for the despatch of business. The preliminary arrangements for this purpose had been already completed ; when, from the circumstances I have before explained, a necessity arose which appeared to call for the immediate enactment of some measure to provide for the quieting of titles to land. This, whilst it was a subject of the greatest importance, was not within the jurisdiction of a Provincial Council, and yet it was a matter of only provincial interest. Under these circumstances, I felt justified in deferring for the present, the assembling of a Provincial Council, and determined to summon a General Council, composed altogether of gentlemen of this Province, no other persons having yet been called to this Council. I did not think it necessary to summon for this special purpose gentlemen from distant portions of New Zealand, the matters to be jsubmitted to you relating wholly to New Ulster, and being only of provincial interest. I feel it necessary to enter into these explanations upon this point, as I should be sorry to do any thing which might be drawn into a dangerous precedent, and in order to prevent the possibility of such an evil arising, I shall only submit for your consideration two other measures in addition to those I have already named. One, for the appropriation of the revenue for the ensuing year, as it is necessary that an Ordinance for that purpose should be transmitted to England, without delay, to enable the home Government to make the requisite financial arrangements — and another measure to provide some relief for those persons employed under the Civil Government who were severely wounded during the northern lebellion. Mr. Merriman moved that the address be printed, and in doing so took occasion to ask his Excellency whether it would be competent for' Members of the General Council who wished to originate a measure, to go upon the principle laid down in the 16th clause of the Proyincial Councils Ordinance, and memorialize the Governor to introduce it. The Governor-in-Chief said certainly the members of every Council had that course open to them. Mr. Merriman's motion was seconded by Mr. Barstow, and the address was ordered to be printed. Mr. Merriman rose to give notice that he would move for all the returns alluded to in the Governor's address connected with the land claims; but on being informed by his Excellency that the returns were already prepared, and were ready for the inspection of members, he withdrew his notice. The Governor-in-Chief then laid on the table "A Bill for Quieting Titles to Land in the Province of New Ulster," and "A Bill to Regulate the Occupation of the Crown Lands in the Province of New Ulster." The Attorney -General gave notice that he would move the first reading of the " Crown Titles Bill" to-morrow. The Colonial Secretary gave notice that he would move the first reading of the " Crown Lands Bill" to-morrow. The Council was then adjourned until one o'clock on Thursday (this day).