Tuesday, January 3rd, 1854.

New Zealand Spectator and Cook's Strait Guardian, Volume IX, Issue 680, 7 January 1854, Page 3

Tuesday, January 3rd, 1854.

After some notices of motion A The Prov. Solicitor nioVed the suspension of a standing order, so that orders of the day which had passed in consequence of their being no House on Friday last, might be resumed. Mr. Wakjsfield said that he was tempted by the o]3portunity to offer a few observations on the circumstance which had prevented the Council from meeting on Friday. Of course he" alluded to their presence at the banquet to which his Honor the Superintendent had~ invited the Native chiefs. That assemblage had been to him most gratifying, as he was sure it had also been to other members, and ■ would have been to the public if they had witnessed it, or hid known oi it by the representations of the press. It was much to be regretted that reporters for the press had not been present. For if the public had been aware of the sentiments of cordial good will towards each other which were exhibited by both races equally on that occasion, they would not have failed to encourage the Superintendent to proceed, whilst the opportunity served, with the good work his Honor had so well begun. If that opportunity were not neglected, the Provincial Government -r < i *

•would show how calumnious had been the predictions, uttered st) long as 13 or 14 years ago, to the effect that, if e\er the colonists,obtained political power, they wotild maltreat^tha Natives. Without intending to detract from whatever credit was due to the late Governor

for bis care of native interests, he (Mr. W.) must declare, that he was unconscious of any previous occasion on which Colonists and.'.Natives had really fraternized as they< had on Friday last. It was very remarkable too,, that the Native chiefs had displayed an intelligent confidence in the new order of things. If their friendly disposition towards the new Government were now cultivated, they would soon place at its disposal sufficient territories for the purposes of colonization. He (Mr.W.) doubted not that the Council would cordially agree with him in expressing a hope that his Honor, who had made so good a commencement, would not stay his hand, but would now, when such favoring circumstances invited him to proceed without delay, carry on the work to a happy conclusion. / Mr. , Rev an s moved for the appointment of a Scab-committee, to consist of Messrs. Lud* lam, Waitt, Watt, Brown and the mover. Capt Danilll moved the appointment of a committee to ehguire and report on the Watercourses of the Hutt, to consist of Messrs. Ludlam, Fitzherbert x Renal], Revans and the mover. FENCING BILL. Mr. Braxdon moved, the second reading of the Fencing Bill, and entered at some length into an explanation of its principles and details. Mr. Ludlam said there were some provisions in this Bill in which he could not agree. The ' Bill authorised persons to trespass on each others lands, and t6 ciifdown any timber they pleased for fencing, except such as was reserved for shelter. l The pririciple was bad,- although it- was practised 'in New South Wales, but the circumstances in that colony were very differenVtheland was 'divided into v.cry large farms and the timber was of little or no value. By this Ad it was left for the magistrates to say what was a good and sufficient fence, but this was a matter oh which no" two persons would agree. The ' Act should fix a stated price per rod, otherwise there was nothing to prevent a man putting up any sort of fence, and charging any sort of price. The clause authorising the sale of land was a confiscation of the property of absentees, who would be compelled to pay for

fencing land they did not occupy. Mr. Moore considered the principle of the Bill to be a complete invasion of the rights of property ; that it was entirely repugnant to the English laws of property to give a right of sale of the land to pay for fencing, With reference to the principle of exempting the natives, he thought whenever there was a fair show of reason and justice they should be gradually brought under the operation of the law, where they were lessees and not owners of the land. Another question which occurred to him was the necessity of making the land as desirable as possible, by not throwing obstacles in the way of future land purchasers. There were also other minor objections which he entertained to the Bill, but on which he would not now enter. Mr. Revans thought there was too much anxiety to protect the interest of absentees, the settlers were entitled to expect ,that .property should bear its burdens. He thought two years notice too long, whatever notice the settlers wanted he would grant to absentees and no more ; he considered three month's notice would be sufficient. If that sympathy continued to exist in favor of absentees it would be expedient to enforce an absentee tax. He would know nothing of absenteeism, or he would have a special tax for absentees, If the timber were scarce on both sections it was only right that a person who does, double duty should have the advantage. With regard to selling the land, it was not expedient on, all occasions to be guided by the law of England. While in California he witnessed a sale of land for arrears of rates in a town that had not been established six months. The auctioneer was followed by a body of speculators, and a piece of land in the centre of the lot, about four feet square; was sold. He had no sympathy for absentees, who hardly remembered they had any land in the Country, or if they did so, it was in a selfish manner. The Governor did not respect Acts of Parliament, and he for his part should, equally disregard all British law and Acts of Parliament. Mr. Wakefield said that his ignorance of local circumstances as respects the measure before the House, would confine him to one or general observations. He could not agree with his hon. friend (Mr. Eevans) in thinking that there is a general sympathy with absentees, which the Council ought to gunrd against. On the contrary, it appeared to him (Mr. W.) that nobody sympathised with the absentees. Nor did he himself ; for they were apt to neglect their property, as he had done himself when an. absentee ; and he should be glad to see in operation an effective law for making absentee proprietors contribute an equal share with others towards improvements. Above all, they should be prevented from injuring actual settlers. But the hon. and learned gentleman's description of the Bill had left an impression on him (Mr. W.) that this measure, in some of its provisions, went beyond right and justice. Until the Bill should be in Committee he would only express a hope, that whilst they made all proprietors bear an equal share of local burdens, they would take care to avoid doing that which might enable one man to prey upon another. After a few words in reply from Mr. Brandon, the bill was read a second time, ' On^he hon-. member's moving that the House go alto committee on this Bill, - , „ „ Mr. Wakefijld trusted that the Government would allow one day between the second reading and the committal of this Bill. He denied that such a reasonable delay would stop the public business. Such a measure ought not to be hurried through the Council. Mr. Brandon reminded the House thatthTswas not a Government measure, but had been taken up by Government as a public measure. FERRY. BILL. Mr. Brandon moved the second reading ofthis bill ; after some discussion it was read a, second time and the House adjourned^

Wednesday, January 4. Mr. Wakefield said that in consequence •of the absence of the Provincial Secretary, he should be under the necessity of again postponing his motion for giving power to the Superintendent to dissolve the Council, which 'stood for this day, until Wednesday next, the llth instant. Mr. Bell, in consequence of the absence of ftie Provincial Secretary, wished to postpone "his motion on the Surveys to to-morrow, he •was prepared to go on with the motion but it was essential the debate should take place when the Provincial Secretary was present, as ie would probably take a prominent part in it. CEMETERY BILL. The several clauses of this bill were discussed in committee find agreed to, and the "Chairman reported progress. LOAN BILL. •The Committee on the LoaYi Bill, and the 'Committee on the Estimates were postponed, in consequence of the absence of the Provincial Secretary, and the House adjourned at | ipast "4 o'clock. Thursday, January "5. Thb Speaker referred to a report in the 'Spectator of Saturday, 31st utt., on the appointment of a select committee to enquire into the Hospital, in which the Provincial Secretary was 'stated' to have used the following expressions- — " Mr, Bell proposed (o Substitute the name of the Speaker for his own, which was objected toby the Provincial Secretary, on the g'ound that being of the same religion with the Colonial Surgeon, it •might be inferred that he had entered the'Com*mittee with foregone conclusions." He would not the report was correct, but it .evidently conveyed this impression, that he was likely to sacrifice justice to the support of his -religious opinions. If such sentiments had been made use of, and if the hon. member had -applied such expressions to him, he should con"sider that'he(the Speaker) was not fit to occupy a seat m that House. As be was in the chair he 'should refer the question to the House, and as Speaker should leave it entirely in their hands, ■[the Prov. Secretary in rising to reply to the question, begged distinctly to State, that the report referred to was not a correct account of the statement he had made. He had only that day received intimation from the Speaker of his intention to ask such question, and for such courtesy his thanks were due. He had referred "to the report in the paper, which be had read for the first time that day, and which did not convey the meaning of what he had said ; the words of the report were what he did not say. He hoped the House would give him credit for •having taken a great deal of pains "to avoid the introduction of religious questions. He was very conscious of having made certainly what might not have been a very clear attempt to express his meaning, whether his explanation had been successful or unsuccessful he would leave them to judge ; but if there was any one point he wished to avoid, it would be trespassing on religious feeling, and he should deplore the introduction -of such subjects, and took no sympathy in them. However he might have failed in conveying his meaning in clear language, he hoped the House "would be satisfied he was unwilling to trespass on such subjects. He would take occasion to repeat the sense of what he did say, and whatever faults he had committed, he was sensensible of many himself, and the Council would probably be sensible of many others, but he •would not willingly trespass on a subject of this kind. He would now state what had occurred : — A Committee had been named on the -Journals of the House, and when the bon. mover moved for its appointment, he observed a marked difference in the list, in the substitution of the names of two hon. members who had both taken part in the discussion, one of whom 3iad spoken in high terms of praise of the Colonial Surgeon, and the other had presented -a petition from that gentleman. The alteration appeared to him to convey a desire on the part of the hon. mover that the enquiry should "be conducted in a ■spirit of fairness, and he •gave the hon. member credit for that feeling. taken part in the debate in the hope that religious sentiments would not be discussed, he had experienced great satisfaction when the alteration in the names had been made to which he referred, which seemed to be a proof, •ef the mover's fairness. When the Speaker's name was proposed, it did appear to him (the Secretary), coupling it with the previous discussions, and as by the standing rules of the House the Speaker being almost precluded from -serving on Committees, (cries of no, no) at least such had hitherto been the practice of the House, 'that it was unadvisable his name should be on the Committee. Whether or not they ■should agree with him now, he believed the Eense of the house was clearly with him on that occasion. After this explanation he believed that they would not consider he was liable to censure. Every care had been taken, the most laborious attention had been paid by him to avoid trespassing on religious grounds. He emphatically denied the correctness of the report which had appeared. He had never i used the expressions imputed to him. He left the matter to the House, and felt sure it would not deem him censurable. He hoped the opinion of the house would be taken on the matter. ; Mr. Brown said he considered it might have been more pleasing to the feelings of the Speaker that his name should not be placed on the Committee because, having taken rather a prominent part in the discussion, invidious persons might possibly impute improper motives to him, but he himself had the highest confidence in his (the Speaker's) fairness and integrity. He hoped this would be a warning to the House for the future that they had nothing to do with one another's creed, let no man be named among them as of any sect, they had met together to make laws for the general good ; these were matters not within their cognisance, and he hoped they would in future abstain from mentioning them. Mr. Wallace made a few observations deprecating the introduction of discussions relating to religion. Mr. WAKEFiELD\rose not for the purpose of "prolonging, .but of putting an end to the discussion, which had assumed a personal character. He was not present on the occasion adverted to, and was therefore perhaps better qualified to express an opinion. He thought the statement made by the Provincial Secretary should remove from the mind of the Speaker the impression that he had used words

of ail offensive character and that the foundation of his complaint was removed. The Speaker said he would leave himself in the hands of the House, and as the House appeared to he satisfied, he was satisfied also, PURCHASE OF LAND FBOM NATIVES. Mr. 'Wakefield had piivately given notice to the hon. Secretary of the question which he was ahout to ask. It related to a matter of so much urgency with regard to time, that he was sure the House would pardon him for bringing on the subject without notice to them. Referring to the unanimous and very great satisfaction felt by members at the prospect 1 just now open of completing, all-important negotiations with the natives; and thereby cementing .for ever friendly relations between the two races,- he wished to* ask the hon. Secretary whether his Honor the Superintendent intended to take any measures with the view of following up the work which had been so efficiently begun : and in putting the question, he would declare his own fervent hope, (in which he was sure that the whole House participated) that his Honor might be able to induce Mr. M'Lean to remain in the Province long enough for reaping the fruits of his invaluable labours. The Prov. Secretary explained that pre. liminary steps had been taken by the Superintendent to secure Mr. M'Lean's valuable services without the interruption of a voyage to the North. A good feeling existed between the Natives and the Government, and an evident desire on the pait of the former to alienate their lands. He concurred in the opinion that 'it was imperative on them to make sacrifices at present to go on with the work. If their anticipations were realized, and the Native title extinguished m this Province, the effect might 'be so great on the 'Chiefs at the North as to induce them more speedily to consent to part -with their lands. He would- move an address to the Superintendent to-morrow to that effect. Mr. LuMiAM expressed great satisfaction at the course about to be adopted by the, Government, and thought more might be" effected in a week now, than in many months if the negotiations for the purchase of land welre delayed. Mr. Moore cordially approved of what had been stated by the Provincial Secretary. They all desired to see roads made throughout the Province, but these roads would greatly enhance the value of those lands ; and if measures were taken to secure the alienation of those lands by the Natives, no question or difficulty would hereafter arise.