GENERAL LEGISLATIVE COUNCIL. Wednesday, August 22.

New Zealand Spectator and Cook's Strait Guardian, Volume VI, Issue 443, 31 October 1849, Page 4

GENERAL LEGISLATIVE COUNCIL. Wednesday, August 22.

Present —The Governor-in-Chief, the Colonial Secretary, the Attorney-General, the Colonial Treasurer, the Surveyor- General, Mr. Merriman, Mr. Barstow, Lieut.-Colonel, Hulrae, Major Matson, and Mr. Kempthorne. Prayers were read by the Colonial Chaplain, and the minutes were read and confirmed. Mr. Merriman said, that Mr. Polack not having furnished him with any petition, he had none to present from that gentleman. Appropriation Bill.

The Council resumed in committee on this bill, when Major Matson proposed a sum of money, of not less than £200, for the purpose of erecting a market place. He thought that sum would be sufficient to begin with, for the erection of sheds, which could be augmented from time to time, as the increase of business would require. The establishment, which would be a great one, could, perhaps, be regulated by a non-commissioned officer of police, and two days in the week would be enough to have th%market open. He would also propose that an Inspector of Brands should be appointed. Mr. Merriman would second the first motion, relative to the market ; and when that was disposed of, would be glad to support the other for the appointment of an inspector of slaughter houses and cattle brands. If it was intended to continue the office of superintendent of government stock, he thought that -office might be combined with the former. The Governor thought that £200 would chardly be sufficient to cover the expenses of establishing the market, but a good deal would be saved by employing the road parties for a short time in levelling and paving the ground on which it would be erected. The office of superintendent of government stock would .likely be abolished ; but as the Slaughter House Ordinance gave them power to appoint an inspector, he would take care to make provision for such an officer, as the Council seemed to wish it. The sum of £200 for the market was agreed to. Colonel Hulme, according to notice, pro,posed that a sum should be voted for the reerection of Government House. He begged •that his Excellency would give up the idea of turning the hospital to that purpose, for he did not think much of the eligibility of that edifice. He would rather see a suitable building, although a temporary one, erected on the old site, for he certainly had a veneration | for it. • The Governor said that, in thinking the matter over again, be found that perhaps the plan he had suggested would be attended with more expense than might be incurred in erecting a house upon the old site, which appeared to be the one most favourably thought of. He believed that the sum of £2000 r/ould build a tolerable house, which, in after times, when the colony could afford to build a permanent one in the domain, might be turned into council rooms and offices for the several j departments of the Government —leaving the surrounding space for public pleasure grounds. After some further conversation it was resolved " that in the opinion of this Council, the earliest opportunity should be taken of rebuilding a Government House at Auckland upon the old site, care being taken that the expenditure for such building should be on a scale suited to the circumstances of the colony." While on the subject of Government House, Mr. Merriman suggested that plans for that

and for the new wharf should be called for by the Government, and premiums offered for the best that would be submitted. He offered this suggestion owing to what had dropped from a practical man who had inspected the plans of the new wharf on the table, who had remarked that a quicksand existed about the place where it was intended to drive the piles for the outer construction of the wharf, and that perhaps the engineer department were not aware of it. The Governor said he should have no objection to call for plans as suggested, if it were not for the delay that it would occasion. The plans that were submitted by him to the Council were only some of those which had been prepared, and were afterwards completed by the engineer department, the officer commanding having kindly undertaken to do it. Several plans had been prepared, and the ground well examined, before either was decided on. Mr. Barstow thought that whatever plan should be agreed on it should be the one most practicable to be carried into immediate operation. Nothing could be of greater importance to the port than a proper landing place, which might be considered as a road for all nations to approach us. He thought that a jetty similar to that at the Cape of of Good Hope might ba made at a small expense, and, from its cheapness, might be carried on at once. The Governor said that plans and estimates of a jetty, such as the honorable member had alluded to, had been prepared. Less than 150 yards projection would not have made it available, and that would have cost £1000. The advantages of it would have been very small, for the sides would not have been accessible. The proposed wharf would not cost so much as the jetty, that is, if the land reclaimed should be sold as advantageously for the public as might be expected. The filling in might very well be saved, for as the water would be shut out the land might be preferred without the filling in, because of it being available for cellars underneath the buildings. He thought that the total cost would not far exceed £3000, and the land recovered would lessen the ultimate expense considerably. Mr. Merriman suggested that wateringplaces for vessels would be a great advantage to the port. A similar resolution to the one for the erection of Government House was then passed for the new wharf. Mr. Merriman then proposed that the Council should pass a resolution empowering tbe Governor to contribute a sum from the revenue, if be should deem it expedient, in support of steam communication between the settlements of the colony. The Governor would rather that a sum for the purpose should stand upon the estimates, so that it might convey to the home government the willingness of the Council to contribute towards such an object. He looked upon it as a matter of Imperial as well as local concern. Were such a communication established, the transit of troops within the colony would become less expensive, and more speedy —in fact, it might be said to augment the number of troops, and would decidediy add to their efficiency. - Besides the local benefits would be great, for he knew of nothing that would be productive of a greater increase of revenue. His Excellency then proposed thaw the amount of £1000 should stand as originally upon the estimates, as the share to be contributed by this Province towards steam communication. Mr. Merriman said, that if the appearance of the sum on the estimates would lead to the payment of it by Parliament, he had no objection to second the motion. —lt was then agreed to. The Governor then moved that the sum of £2000 should stand upon the miscellaneous estimates as compensation to Mr. J. S. Polack for losses sustained at Kororarika. His Excellency then divided the Council, and the gallery was cleared. When strangers were admitted, it was announced that the motion was lost by a majority of the whole Council. The committee then adjourned, and the report was brought up. Mr. Merriman then brought up the report of the Sub-Committee appointed to prepare an address to the Governor, requesting him to introduce some measure to enable the natives to lease their lands to Europeans. The Governor pointed out one or two sentences in the report that he suggested should be altered before the report was received, and Mr. Merriman undertook to bring it under consideration on the following day.

Pensions Bill. On tbe motion of the Colonial Secretary this bill was read a second time and committed, and one or two amendments introduced.; the principal one, proposed by the Surveyor General, that the pensions, instead of *-being at the same rate as that allowed to soldiers, should be not exceeding double that amount. The committee then adjourned.

The Governor laid on the table two returns of the number of flour mills erected, or in course of erection, by the natives, which, on the motion of Mr. Merriman, were ordered to be printed. The Council then adjourned until two o'clock on Thursday.

Thursday, August 23, 1849. Present —The Governor and nine members. After prayers were read by the Colonial Chaplain, the minutes of last meeting were read and confirmed. Mr. Merriman rose to present a petition from thirteen native chiefs, praying to be allowed to dispose of their lands to the settlers, a translation of which was read, and the petition received and ordered to be printed. Crown Lands Bill. On the motion of the Colonial Secretary, the bill was read a third time, and passed. Appropriation Bill. On the motion of the Colonial Treasurer, the bill was read a third time, and passed. Crown Titles Bill. On the motion of the Attorney General, the Council resumed in committee on this bill. Several of the clauses were further amended. On the motion that the Royal Confirmation clause should stand part of the bill, Mr. Merriman proposed, and Mr. Barstow seconded, that the clause should be struck out. The Attorney General would merely say, that for the same reasons he had given when proposing the bill for second reading, he was still of opinion., and wished to record it, that it would be better to allow the clause to remain part of the Ordinance. The Surveyor General thought, that as the burthen of compensation to adverse claimants had been placed upon the land itself, there was now less reason than before that alteration that the clause should remain. The Governor said, that under other circumstances he should refuse bis assent to the measure were this clause omitted, especially as the bill dealt so largely with Royal prerogatives ; but as large powers had been entrusted to him to enable him to deal concluclusively with these claims, he felt less hesitation in consenting to the clause being expunged. Still, he might say that, in his own opinion, the bill was better as he brought it into the Council than in the shape in which the committee were about to leave it. He had devoted more attention to it than to any other bill in the course of his life ; it had been a matter of deep concern to him to make it comprehensively useful. Yet the Council had done their best in every amendment to make it a public beuefit; he hardly knew that he had ever seen a legislative body bestow so much pains upon a measure than that Council had given to this. Their own local experience and better knowledge of public opinion than he could have, had guided them, he trusted, to bring the bill into such a form as would give satisfaction. Mr. Kempthorne would certainly have preferred that the clause were allowed to remain. The amendment was agreed to without further opposition, and the clause was struck out. The committee then adjourned.

Pensioners Bill. On tbe motion of the Colonial Secretary, the Council resumed in committee on this bill ; a new clause was agreed to ; the committee adjourned, and the report was brought up.

Native Lands. Mr. Merriman moved that the report of the sub - committee, presented yesterday, should be referred back to that committee, in order that certain alterations suggested by the Governor might be made. The report was referred back accordingly, and, after beng amended, was adopted by the Council. The Governor said that he would read a written reply to the report on the following day. His Excellency then said that there was one subject connected with the sale of Crown Lands, on which he would wish to have the opinion of the Council before the close of the session, which was, whether it was agreeablo to the public that immediate payment in cash should be continued as one of the terms of sale — or whether the former system of ten per cent, deposit, the remainder payable in a month, would be preferred. The alteration had been made without his advice being taken, but he believed it was done to prevent competition by those who bought for other purposes than those of occupation. When only a tenth of the purchase was required at the time, it was supposed that persons would bid in hopes of selling, within the month, at an advance to the purchaser of adjoining lots. He believed the alterations originated in a desire to promote the public good ; but it would be quite at their option to propose that it should be reverted to.

Several notices of motion were given for Friday. The Governor said he had received a letter from Mr. J. S. Polack, stating that he had been ready on the day before to be heard at the bar in support of his claim, and vras only waiting to be summoned. He now requested to be heard, either by attorney or in person, before the Council. His Excellency then proposed that he should be heard. The Attorney- General seconded the motion. The Governor called for a division, which took place, when the motion was rejected by a majority of nine members. The Council then adjourned until two o'clock on Friday.

Friday, August 24. Present : The Governor and nine members. The usual prayers were read, and the minutes of the Jast meeting confirmed. Mr. Barstow presented a petition from Edward Meurant, relative to a piece of land in the vicinity of Auckland, which had been given to his wife (a native woman) by her relatives, as a marriage portion, but which had afterwards been claimed by the Government as Demesne Land of the Crown. On the motion of the honorable member, seconded by Lieutenant-Colonel Hulme, the petition was read and received. Mr. Barstow moved that it should be printed, when The Governor objected, stating that the Council should not give their sanction to the publication of a document containing, as the present petition did, a serious charge, against", a Government officer. Mr. Barstow had authority from the petitioner to alter any phrase in the petition that might cause any objection to its being received. The Governor thought that if it were allowed, it might then be considered as the honourable member's petition. The Attorney-General must object to put the public to the expense of printing petitions, unless good reasons could be shown why they should be printed. It had become quite customary in the Council for members who presented petitions to move for them to be printed, without assigning any specific reason for it. After several other remarks from the Colonial Secretary, the Governor, and Mr. Merriman, Mr Barstow said that he had only received the petition from the hands of the petitioner a short time before the Council met, and had not time to examine it with the petitioner ; but as he knew it to represent the wishes of the petitioner, and as every non-official member seemed willing to have it printed, he would press his motion. The Governor thought, that after what had been said, the unofficial members would not now support the motion. Mr Kempthorne said, that certainly as the petition case imputations upon Government officers that were perhaps contrary to fact, he thought it would be hardly right to print it. The Council should not consent to print anything but what they thought to be matter of | fact. Strangers were ordered to withdraw, and on being admitted, the Governor announced the result of the division to be — For the motion 4 Against it 6

Crown Titles Bill. On the motion of the Attorney- General this bill was reconsidered in committee, and after a few alterations had been made in it*

the Report was brought up. * Pensions Bill. On the motion of the Colonial Secretary, this bill was read a third time and passed. On the motion of Mr Merriman, a correspondence that took place between W. S. Gra» name, Esq., and the Colonial Secretary, relative to duties upon articles imported for shipbuilding purposes, was read to the Council. Mr. Barstow then gave notice that on Saturday, he would move for a Committee of the whole Council to take into consideration the question of the rights and privileges of half-caste children. Mr Merriman gave notice that, on Saturday, he would move that the Council do gointo Committee to address the Governor to introduce a bill to amend the Resident Magistrate's Court Ordinance. The Governor said that he had been unable to prepare a reply to the report of the Sub- , Committee on Native Lands, but that he would read it on the following day, ■ The Council then adjourned until three o'clock on Saturday.