PROROGATION OF THE GENERAL ASSEMBLY. [From the New Zealander Extra, September 18.]

New Zealand Spectator and Cook's Strait Guardian, Volume IX, Issue 964, 28 October 1854, Page 4

PROROGATION OF THE GENERAL ASSEMBLY. [From the New Zealander Extra, September 18.]

; ' The Last Day op the Session. The proceedings of the General Assembly on Saturday, though properly of a winding-up character, included some features, of interest, particularly in relation to the New Zealand Company's debt. We roust premise, however, that late on Friday night, the Report of the Committee of the House of Representatives on this subject having been read, Dr. Monro moved the Resolutions which 'appear' below, and which were adopted by the House. On Saturday, addresses to her Majesty, both Houses of Parliament, and the Governor, embodying these Resolutions, were moved by Dr. ] M'dnro, and agreed to. Mr. Fitzgerald moved that an agent be appointed in England to carry into effect the object of the Resolutions, which was also agreed to. A conference between the Legislative Council and the House of, Representatives then took place, for the" purpose. of making practical arrangements to carry? out jbe, object. The result was, that it was' resolved to*cboose Mr. Adderley as, the agent in England to promote the views and decisions •of the General, Assembly relative to the Company's Debt ; and that his Excellency the Officer 1 administering the Government be requested to communicate the Resolutions of the Assembly to that gentleman, and to inform him that a sum not exceeding £500 would be at his disposal'to cover any law expenses j*hat might be incurred in the 1 prosecution of the object. ! Mr. Sewell's Resolutions on the distribution . of the financial charges of the Colony amongst . the Provinces (which we published on Saturday), i together with others brought forward by tbgjsame hon. member, which will be found below, were j embodied in an address to his Excellency, which . the House adopted. s Precisely at the appointed honr (3 o'clock) " his Excellency arrived at the Assembly buildings, " where he was received, by a Guard of Houour of , the 58tb Regiment. In a few minutes he entered i the Council Chamber, attended by the priocipal i Officers.of the Government. The Speakers and ' members of both Houses were present, and the sti angers' gallery was crowded by the public. j His Excellency assented, in her Majesty's r name to the following measures : — the Secondary Punishments A^t ; the Powers of Attorney Act ; 1 the Act for regulating the Law of Marriage ; and 1 the Appropria'ion Act. The Provincial Wa3te Lands Act he declared reserved for the signification of her Majesty's pleasure thereupon. His Excellency then proceeded to read the following address : — Honourable Gentlemen of the Legislative Council and Gentlemen of the House of Representatives, — You will be glad to learn that the state of the ', public business enables me to bring the present . Session to a close. ■, On the occasion of its first meeting purged 1 upoD tlje. consideration of the Assembly the necessity of deciding upon the most advantageous apportionment of power between the General and the Provincial authorities, of maturing the measures necessary for securing its practical adjustment, and of adopting some guiding principle on ', which the Assembly should proceed in the exercise of its own constituent powers. Although but little progress has yet leen made towards the accomplishment of these important ; objects, I cannot bring the business of the session ', to a close without congratulating' you on the amount .of useful legislation you "Have accora- 1 ? plished during the brief period which has elapsed < since the commencement of the present session. : 1 Of the various measures which have been pre- i i sented for my acceptance, there is not one to ; which I have thought it my duty to refuse my j assent, and with the exception of the Appropria- ; tion Bill, I have been able to give to all the iriea- , sures you have passed, an unqualified approval. Gentlemen oftHe House of Representatives, — ! It is provided by the Constitution Act, as you , are aware, that it shall be competent for the Governor before declaring his pleasure in regard to any Bill presented for his assent, to make such amendments in M as he may think expedient, and to return it with such amendments for the further consideration of ibe House. I have to express my regret that the lateness of the period at'which it has been presentedfor my assent has virtually precluded me from exercising that power with respect to the Bill Cor appropriating the Public Revenues. With an explanation before you of the reasons for which provision was recommended to be made ; for the services which I find have been left unprovided for by that Bill, I can entertain no doubt that,' with respect to some of them at least, you would, on reconsideration, have recognized the necessity whicbexists for their continued maintenance. - <' Withou^xjwessing/jany opinion 'as to licy oftransferrlng certain of the Public Departmeats from the control of the General Government to that of the Provincial authorities, an object sought to be accomplished by the Bill, I cannot refrain" from expressing my conviction that a measure involving so important a, question as the apportionment of Legislative and Executive power between the General Government and the subordinate local authorities ought rather to be determined by a permanent enactment, to which, after full discussion, all the three branches of; the Legislature shall have given their deliberate assent. Gentlemen of the Assembly, — I have had great pleasure in giving my assent, in her Majesty's name, to the Bill " Fdf regula1 ting the disposal of the Waste Lands of the Crown in New Zealand." ' , With regard to the system now in operation for , disposing of the Waste Lands' of the Crown, es- , tablished by Govercor Sir George Grey, the Act affirms the' validity of the Proclamation of the 4th March, 1853, an,d confirms the 1 General Land Regulations contained in it.'and »t the same time, makes provision against fhe'r hasty or in'consi- ' , derate alteration. With regard to the future,thej Wtste Lands Act in effect prpv'des' thtt hence-.

.forward the Demeine LaDGs oorf r the^rown shall be disposed of in accordance, vritn, the wishes of the colonists of ' New, Zealand. So farts may, depend upon myself I. have only to repeat the assurance I ti«,Ve already conveyed to both Hpuses of the Legislature, that T shall be prepared as occasion may require, to adapt -the existing Land Regulations to the particular requirements of the various. Provinces, an'd'as far as may.be consistent With' the interests of the colony at .large* in conformity with the wants and wishes' of 'the several inhabitants — with respect to the unsatisfied claims alluded to in' my address on opening the session — it will now mainly rest with the colonists themselves to determine in what manner and to what extent compensation shall be awarded to those who may,- be, found to have just and unsatisfied claiiqs to compensation on account of their losses and sufferings arising out of, the- unfulfilled en-i gagements of the; New- Zealand Company, and to which pointed reference has been made in the recent report of a Select Committee of the House of Representatives on the subject of that Company's debt. The operation of the no less important Bill to authorize the General Assembly to empower the Provincial Councils to make laws for regulating the sale and disposal of the Waste Lands of the 1 Crown must necessarily be deferred until it shall have received the Royal assent ; I shall not fail to urge her Majesty's Government to, take such measures as^may be. deemed' necessary for enabling th£ T General Assembly, 1 Jawfully, to .delegateto s 'the Provincial Legislatures the powets cbn-, ferred upon the Assembly, by the New Zealand Constitution Act. Owing to the late period at which lhe<".Bill for regulating the -Law of Marriage,!' has been presented for my assent, I have been unable to give, to its-provisions that careful attention which the importance of that measure most undoubtedly demands- ; neither have I had the opportunity of offering toyou any amendments which' a deliberate consideration of the measure in its detail* might have enabled me to suggest ; I have much pleasure,, however, in declaring my entire approval of the principle on which the Act has been based, and I am happy to believe- that the Assembly have succeeded in devising a measure which, without disturbing the good feeling which' has hitherto subsisted between the various religious denominations — without creating invidious distinctions between them, and without unnecessarily interfering with existing usages, will be found more efficient in its provisions than the disallowed Ordinance of 1851. Th'e *.' English Acts Act" to which I have also given my assent will have the effect of extending to "New Zealand the benefit" of those amendments which, within the last few_years have been effected by the British Parliament in the laws relating to the Administration of Justice ; and the provisions of the " Secondary Punishments Act" will, I trust, be found to operate not less beneficially in promoting the efficiency of the law. On the subject, of the charge of £268,000 upon the Waste Lands of the colony in favor of the New Zealand- Company, it will no doubt be satisfactory to the colonists, to be informed that both the Legislative Council and the House of Representatives have agreed to a Resolution to the effect, that the charge in favor of the New Zealand Company on the Land Fund of the colony, is an oppressive burthen on its resources, and appears to have been .created by -JParJrament in ignorancei'o.f tthe real facts $ and to have been obtained by that Company by means of the s.up- ' pression of material circumstances. I need hardly * add, that I believe a full and -fair inquiry into thej' subject by the Imperial Government is d,ueAo tjbe colonists of New Zealand. ! The determination evinced by bo*h Houses of the Legislature — to take effectual means to repress the spread of intemperance in this country, will, I believe, be hailed by the who^e .community with unqualified approval. Cordially concurring id the views -embodied, in the Address presented to me on the subject of Education, that "the establishment of a sound system of Education for the youth at New Zealand is a matter of public concern ;" and that in order to determine whether the education of the youth in New Zealand would be extended or improved by trie interposition of the State, it is desirable to ascertain the present state of education in New Zealand ; Twill use my best endeavours to furnish the Assembly on the occasion of its next meeting with the information necessary for giving effect to the wishes of the Legislative Council fcmbodied in tht -Resolution in question. It now only remains for me to thank you, gentlemen, on the part of the country, for the time and' attention you have given to the discharge of your public duties, and to express my earnest hope that the measures you have passed may, by the Divine blessing, be found to promote the progress of the country, and the happiness and contentment of the people. •' v ' • R. H. Wtnyard, Officer administering the Government. After which hi 3 Excellency declared the General Assembly prorogued 0 until the sth. of July,' 1855. Resolutions adopted on' the motion of Dr. Monro :-— ... £ c Tba^jjfr debt 15s, to-tfyj Ne.w., Zealand Company imposed' upon 'the colony by Act of Parliament ought" to be considered as an equivalent in money at ss. an acre for 1,073,000 the service of the colony. 2.~'3*hat at the time the arrangement was entered into by which this debt was saddled upon the colony, the Crown was, in the terms of the 13th chapter of the Royal Instructions of 1846, a trustee of the land and land fund of the colony for the benefit of its subjects," and especially for the rjehefit of such of them as have settled, or shall hereafter settfe id New Zealand, 3. That the arrangement of 1847 between the Netf Zealand Company and Lord Grey, subsequently given effect to by the Act X and XI Victoria, Chapter CXI I, was obtained by misrepresentation aud suppression of the truth, and appears to have been entered into in a state of comparative ignorance onthe park of the Crown of the position and transactiona'of the Company both in .England and the Colony, and in .particular that the existence and extent of the claims of the settlers of Wellington and Nelson were not made known to Parliament. 4. That 'the Company was not justified in applying anyporiion of the land which it professed

to surrenderjo, r the ,C ( olppjr to the, liquidation of its outstandingan<rundisclqsed liabilities, excepting engagements on the condition that the value ! of any land lib applied ,by,tbe Company or. by the Government in fulfilment of the Company's : contract* should be deducted from the amount of Uhe .debt. . , i 5.' That the minimum amount of loss of land ifund sustained by,' the Cotony'i",, including the , expense of surveying the compensation land, j £120,000. ' 6. That inasmuch' as the, money advanced by i Parliament was" said to be aid afforded to the Company to restore the properly of the existing settlements and to promote the establishment of new settlements in the Colony, the inhabitants of .New Zealand have a right to enquire whether the public money-given to the New Zealand Company, was applied fully and fairly to the objects < for which the Crown constituted it its Trustee. 7. ThaV the compromise of jhe cjairas pf (lit Nelson land purchasers, carried into effect in, July, 1847,- was-essentially modified in favonr of- the Company by the following means : — A legal opioion'Javour.able. to. the claims of the settler*, which the Company had promised, to obtain, and to make, public among, .them, for the adjustment of their mutual 1 differences was suppressed ; and a second opinion, unfavourable to-the, claims, of -tht settler* was substituted, and made; mse of- by the Company's ageß.t,, and as appears by.tys^pwn letters, to tb* secretary, of. the Company, notwnhout effect. ./ ' ' ,'' _£ ,' » B.* That vjgprons efforts ought/ io be.made in the ensuing Session! of Parliament,, Yo obtain enquiry into, and relief from the mat{ers r ,cppap(lained of in the foregoing resolutions. 9. That should any amount be fixed on as ultimately, due to the Company, the same ought to be distributed a,mongst tlje Provinces upon principles to be settled by the General Assembly. lp. That it is expedient,- that an Act should b.e obtajned in the next Session of the Imperial Parliament, for obtaining, such relief,, and for enabling the General Assembly to effectuate such distribution; and. that it, will be desirable in. any Act to obtain, power to commute the Company's claim for Colonial or Provincial securities.. That a humble Address be presented to Her Majesty and both Houses of. Parliament, embodying the foregoing Resolutions, That a respectful Address be presented to his Excellency the Qfficer Administering the Government, praying him to take immediate and active steps for giving effect to the foregoing Resolutions. Resolutions moved by Mr. Sevrelland adopted on Friday night : — That the charges of the Surveying Department ought not. to be included in the cost of .collection and nranagement of the land revenue but that the same ought to be borne by each Province out of its distribution share of the territorial revenue. That Land Scrip ought' not to be issued without sanction of law and under an effectual system of check and control. That the Income and Expenditure on account of all Public Lands and Buildings appropriated to t.tye' se,rvic« of the General Government ought to be brought into- the public accounts. That it is highly desirable that a statement of all property of whatever kind of the General Government should be laid before the Legislature. That the public accounts ought to be audited a.Dd closed without delay. That in voting supplies for the current year, this House does not sanction the expenditure of the public revenue since the expiration of the last appropriation Act, but that an account of such expenditure ought to be laid before the Legislature witeout delay. That the provisions of the Education Ordinance, Session. 8, N.o. X, s.p far as the same authorized the Governor to expend a sum not exceeding l-20th of the Revenue of the Colony, have, in the opinion of this House, been superseded by the Constitution Act. That it is highly desirable that an office should be kept open, during the recess, for the Clerk of the House, in order that members may consult the records and papers. Mr. Fitzgerald's resolutions, which were negatived. That the costs of collection and management of the ordinary revenue In each Provinceshould be paid out of the revenue of such Province. That the current expenses of the Qejie ral Government ought to be borne solely upon, ordinary revenue? of the Colony. That every Province ought to contribute from its net ordinary revenue a sum proportionate to its net revenues to defray such current expenses* That such proportional'sum might conveniently be changed into a fixed quota, to be chargt4'fr.oia time to time as the proportion altered. That a separate account ought to be kept ofjitt land revenues in the Colony. " That all the expenses of collection, management, and, surveys in respect to th,e Land Fqnd within e,pch Province, ought to be borne og funds arising within (hat Province.; : ' The costs of extinguishing the' native title to - -lapd/witbtn eaqh Province oqgbt loJ*£bprn^npon the Land Fund^ pt such Province,. f The. mode in which the debt of "the New Zealand Company is charged upon tfie Land Fund of the, Colony is considering all the circumstance* of the qase the fairest, mode which, ?ould have beep adopted and one which ought tp be maintained, with one exception— that Auckland ought to be ahogeber relieved from the debt due to the Company. The charge of the New Zealand Company ought to be subordinate to, and. subsequent to the charge for the purchase of land from- the natives. That the costs of maintaining the General Government, in accordance with the foregoing resolutions, ought not to exceed tbesum. provided by wayof Civil Liar. ' ■ With the exception of the charges borne on the Civil List, all the departments of Government in each Province shall be borne on the revenues of soch Province.