LEGISLATIVE COUNCIL.

Otago Daily Times, Issue 202, 1 August 1862, Page 6

LEGISLATIVE COUNCIL.

TL'KSDAV, 15tu JULY. ! The Ho«S': met at '2 p.m. \ Dr. MKXZIIi.H a*ked the Attorney General, '• VVh-th-tf it is tlie intention of the Government to hrinu; in any bill iixiui; a limit to th.* number of tneiiii*'"s in tlie L^j^wliUivi..' Ouuiieil during tlie currency •«■ any Ai>cin!)ly, or in any othrr wuy.1' The ATTORNEY (JH.VKKAL rei'lie-l that it was ik 4. Th:*ro \v,v no dciire to interfen.' with the priToir.Mtiv*.' of tfee t^ueen, seoun-d to fier l*y the Constitniion Act, Tht- ATTORNEY GKXEKAL moved the appointmint ul a etonimiU'.'O to prepare un aildres.^ in rvjily V) the Governor's «p«xch. A I5il! eoiwtitutinir; a Court «t ApfH>;d was intrudutvd, l»it n.H there were no printed c->i'k*B r':a<ly, the lir.-t reading was p-jstjioned. Adjourned to TJiursday. TIUJIISDAY, I7th JULY. Tiic llou*c met at 2 p.m. Se\end rmiline coinmittfes were anjw/snt/'d. TJie li (Jourt of Appeal Hill" wm read a first time. j Tli ■ S.dt\:t Oominittee bro-.U'ht up the f.j'.Unvin^ tlni.fi rt']>ly to the Aduievjof Hi.s Exwelletury :— "May it fLKtHi: Yo;:k ll\-:bli.ksct : " We, Her Maji-tv's mint dutiful and loyal subjects, the L-'sUUtiv." Council of New Zealand, i><^ ltave t > r-turuour thanks to your Kx'-cileiifj* for the with which v.ni h.we l.'Hru p!wi.-i<*«l to o;<eii the present ! H.;»jiii>n of the Uenen\l Asjwmbly. *'\W a\:vil oiM-sflvi-H i»f the present opportunity of rv-'inliii;: our d<-i-p and <ara'^t fcymp-ithy with Her Must <ini.-iou.> }.luj>.:«ty ii the eula;ni;y whi'li Iris f:il!mr upon !.tr ;.nd the Natioa at l;irtr", in the d-ath of His U..y:tl Hi-hn*-.^. the Triuee C.n 3 -.rt. *'We ice *^iuz>.* j.'ratcfij!!y the w. >tiv**.< which iui\e : induced your K\i:<*He«!'-y I > U'lleit;kc the '(iiveriitjH'iit of tile (Joli.ny rit the present diflicult crivi.**; in f<>r<:z<> pc*rst»ii.-il o>a*-i>ler:iti'tn.-i and iivur j*».tj» 'ii.'t! sacriJlcv.j for the .-uki,' of dweuartrin^ a hi^'i pibisc duty. " We .iKsure your Kx:cl!e:i'y th.it we wiil devot.; our earn-:;t att'juii >tit > tlie various mibjrets which in iv !k' h ibiuitt'.il i>y ymi for our c m^i li*r.iti)n, in a Kj'irit iii hearty i:'j-o|MTation, with .in «-ani'.-Kl dc-ire, so far ;ii i:i v:> lii-s, t> s.;ive elJ'-'t to iut,'wun."S condueivi* t> the |'r.<~;>/iity an I n l.Mii'>"n.>nt of lut!i r.i'i-M df her Majesty V Mijl-jeft.-j in tli«-M- islands. " Wi> ai'knu'.vli; Lv in <*-im:noTi witli your Kvc-.-Hency tli.; i?ntit mercy of Almighty f»»l v imh<ife I in th-* rrc :fit > .cape from S: iipwre •'< of many vulu:ibl: Memb'l.iof the L'^'islature. " Wo ncknowle l^e •.'rateful'y t!i*? ho»piLilitv ext'-u.lel U< then! on that oe.en-uon. <l\V.: unite with yoir Kt^vlieiuy in praying th-vt in the ex-rrei.se of our Le^i-'iativ.* futictioas, the Dirine i bk;vsii>; may l;;u.1j oar deliboratijiLS, und prosper I our work,'' Adjuurac-1 to FriJbv.

VIUDAY, Hth JULY. The ll."Ai.su met at '1 p.m. The ATTORN'RY G K.\>:it AL ta-ivH for the ap)>iiutment of a, -*ihvt cunnitteo t.» prepare an address of cou lolt-uee t> Her M.ye.tv on tiie occasion of the death of H.H.H. Prince Albert. Several routine oomaiittttjs were also appointed. Mr. STOKES moved tlie reply to hU Ex<-cllency, brought up by the Committee yest'-rday, dwelling mainly on th-'sCV.-e->f the o'»'e>!iy at tlij time uf Sir li. Grey's anivid, and t'ne etfects lvsulted, find to result, from tiie infr > luctiou ft'the Ministerial policy in the Native districts. Mr. JOHNSTON', in a few worLs, seconded the address. Dr. MENZIES guarded himself from being considered to approve all tho policy of the Govermeut. l'rom what Mr. Stokes h'il remark t-.l.hj felt this the more ut.-ccssary, as that hua. had distinctly affirmed that those who si|tportel tlie Address would thereby signify their approval of the Ministerial policy. Mr. STOKES explained that what he had said was thai those who voted for t'ne Addre.-H were bound to consider Sir George Grey's plans with a desire to afford him a hearty cooperation. The CHIEF JUSTICE took an able review of his Excellency's speech, clmracterisimj it as most judicious. He enlarged upon the laicessitv for the introduction of law amoujg the Natives. When he arrived in the Oniony hd found scarcely auy Jaws for the Government uf the Natives, and it was not until the session of 18o3,that the question really received attention. The Acts then parsed provided tlie frame-work, for the measures put mtoopi ration by Sir George Grey. The presant Native policy whicli hid been called "new" wan in reality unlv tlie policy embodied iv Acts ofthe Legislature iv 18f>S. That Sir George Grey hail only given life and vitality te a jxdicy whioh hal lain dormant in tlie Statute book. He expressed his conviction that tlie new ifotitutions were proving highly beneficial, and were in a fair way of producing law and order throughout the ciJjiiy. lie was glad to lind that Ministers hat not failed to draw his Excellency's attention lo the evil consequences that might ensue if bis Excellency's desire of introducing tltc Supreme Court into the native districts were persevered in. He thought that the Magistates' Court were amply sufficient for all ordinary occasions, and that they should be Cjurta of Conscience with s« few legal formulas as possible. The evil of letting evoiy CDtnptainAiit or defendant appeal to the Supremo Court would be very fcreat, a3 it Would lead them to despise tbe decisions of the Magistrates as of an inferior class of officers. After refcrin^ to the reports of Commissioners in native districts, tending, notwithstanding much to the contrary, to a clear horizon, hu drew a lamentable picture of what he had seen at. Taranaki. The only dark spot was Taranaki, and as it might possibly bj even two or three yeirs bot'oiv it wo.ild he possible to restore order there, 'he trusted that the other branch ofthe Legislature would bo prepared to deal liberally with tho .settlers iv a pcuniary sense. He urged this ali the more, Woause while he did not pretend to decide who j wero the parties who had brou^at tliu desolation upon Ithat beautiful Province, of one thing he felt certain the Council' w^ijld bear him out instating—that it was not the fault af the settlers.

The ATTORNEY GENERAL dwelt on the inexpensiver^ss of the proposed plan for Native 1 Governmei t— a plan which, a* the Chief Justice Lad said, was not new—not even Sir George Grey_'« or the Ministers; but one which owed its origin to a gentleman which every one must regret was not now in the Legislature: he alluded to Mr. Richmond. Sir George Grey had only {nven reality to that plan, and it appeared to him, that as the Legislature had devise! the plan, so they were bound now to provide the expense in carrying it out. He theu shewed that the expenditure would be only j five or six thousand pounds more than the sum heretofore annually voted, His Excellency having i agre«d to pay one half of the whole cost, and the new $ institutions covering the purposes for which » large < 1 p irt of the annual appropriations had been heretofore mivle. There were those who blamed the Go- ( vernmetit for not calling the Assembly together j buforfi inaugurating the present policy, but he would remind them that the other House had voted £10.000 la.it session for the especial purpose of enabling them to put into operation such a policy as might be determine 1 on—an amount which they hal not entirely spent. He was not, however, prepared to say that it even if the whole amount of £50,000 had to come out of the revenue, it was a larger sum than the Natives had a right to expect out of a revenue of Li 20,000. But considering how small the increased charge to the Colony wa.% he thought it would seem almost too good to be true. In alluding to what had fallen from the Chief Justice relative to Taranaki, he assured them it was the desire of ministers to aid Georgia to restore that Province, and that at proper time law and order should be enforced th In all the consultations with ministers, Sir George Grey had always kept in view the restoration of Taranaki. They were desirous of adhering to the Government aa much of the Native population as was po-wible ; and although ten months of weary waitiujr time had passed over Taranaki, yet it must be borne in mind that that time had not been lost, — much that was preparatory had been done. The introduction of the new institutions hal been going on during the time, and a road had been made, without which it was utterly impossible to render available the troops in the north. He could only ask the Council to believe that, though apparently that Province was inflected, it never had beea really so; and though it might Ijc hard to continue waiting, yet he would ask them to do>o, in the faith that when the proper time came, both the Governor and the Ministry would be able to show that they had not been unmindful of their duty to that Province. In proof that they had not been so, he referred them to the minute of Miniters on the subject (Assembly pajier E., No. 2), in which they offered the following a 1 vice to His Excellency, immediately on his arrival :— '•' As regards the policy to be pursued in reference ty the settlement of Taranaki, several courses are open: — "1. Matters may bs left as they are; in which ca.«o the settlement will by degrees dwindle away. Settlors will abandon it, particularly with the teinp-t-ition of neighboring troidrields presenti-d to them. It will liecofne practically a military p *<:, but to be maintained at heavy c<*>f, with no definite object; for the restoration of tlie settlement under such circum-t-tancx would be hopeless. j "2. Jt maybe abandoned altogether;—a sugges- | tion which would not, it is imagined, be fjr a ' moment entertained. In fj»ct to abandon it, would j involve a !<**■> of'prestige dangerous to the colony I ir;iicra!!y. " i *".i. Vigorous measures may be taken to re- i f*tal»liih «v: position. An 1 this appears to Ministers ■ the true jKilicv. If there must be a war, it is better I f;ir that it should be at Tanuwki tliau elsewhere, i For uhati've-r mischief could be inflicted on British ! ,' s-'ttlt-Hicntsby n state of w.ir, hns been done there, j The jrf-tialti-^ of war have been already paid. Be<ide<; ' ViU, t!. ■ rx^tt of the N^atiruanui aud Taranaki Native-* is tli.-onfi which present* fewest grounds of sympathy with other Natives. They tugged in tlie quarrel without provocation, an>f were iruilty of grtrH outnive-i. Their prt*ent attitude is one ofmicli oj^'u hostility, svj in tlie eyw of w«;-ll affected Natives themselves would not merely justify, but demand on our \<art &:tiie measures agciinst th»-m, and retribution f>r the wrong's done. Added tv, this, if operations were carried on with a view to open up rind establish miiitary eoriunu-r.ier.tio-i by rat;!., Wtwjfii Tarauaki and \Vang-aiiUi, huch ojwratixnn would be att»:nu> I with .some facilities, Mid in the end with great patent advantages.

" Muii-u-i; arv of opinion (s> far &s they can pre- • sium* t-jotft-r mi opini m involving military eon-udera- ■ tion-0 tlt.it firm ami decisive ;ierion should h- taken in i thU direct!..n. They believe the effort would be in no ; loii'j »ii.vt' <»f time to brintf the Xgatiruanuis and j Taranakis into submU-ion. The settlement of j T-iranakt ini^ht tln-n, in the end, be re-established i on a «:if«?r Imst-t, and be em!-led to re-cover and extend I il.s.-ir. j " It i- not i-.ipr I'irihic that hosts!'; operations in the ! Turau-iki country would draw t Jwurd* it Bonn* por- i tion of the Natives of other dirtrict*. Sue'i a p«-.ib!e ; rf-u!t Wi)!ii.! not, in tie ojiiui'tn of Ministers, }* a ' •>ui:i<-ii-!it rv.t <>n a_rai:i-.t tht course of aetiou which • thry nf'/tiirui-nd. i '• Tli-' time and mnnnr-r o{ commencing such opera- \ tion.s would !fi{-un- dUtiiu-t consideration. Tht lir-t ! ohjti*: appear-* to be, a< fur as pos-ibie to win huek the i a le^i.-.mv of t!n; bulk of the Native people, and to i p!;t<v tis'- MMtifin.jiits in an eiF-<tive position of de-j {'.■nee. Minis:'.-rs d <> nut apprehend any au-.rres.ive niovt-MH!!* on tie; part of the XativWas likdy to iv. ul t fr>:a the {•otirv; which tht-v rc.'uinmend,"ex-vr-yX ajriin.st the vjttlenifnt>s of New Plymouth aud \S nii.'rtliui '•Tlier.' :ij.j>wiri to Ministers no in^onsisfn'.'v in d^ilj;!.* with the main Ijo-iy of tl.j Natives,the W'aikM-) in pinkuUr, with ;v jrentie und even friendly hn:».l, Ji-i i fM.ictv i-arin^ by all k-jptimaU; UicJius to recall and att:i ij t:i;.'i» to us ; an-J at the s:u;ie time av..iii!iijir a stora au-l decisive lovvanLs the Nuattrn inui-i :m I TitraruUis with v view to coin'>'l from s!i;:u maurial <^u :ini:it>--ji ,*tj t!i-jir future L'.'od b.'h:ivh>ur." The Mi»i^try were still of the same oninion, aal though they c-juU not control the Imperial Forces' t'.K; *';>u:icii lui.^ht rest :tssur«>l tint .Sir Geor-e Grey und tiiL-ru-fl•.-..-.-!, \v.;ro both desirous t<> do what would rnoit conduce U> the welfare of the culonv. He was sur.' th:it tin: (tovcrnment in livi-hialiy would rejoice at any liberal meusurfc> the other Houss mi'.'ht adopt" aitlioujjh he was l.nund V) su\ tisut when the House you>d e.j.Jipen.sjititm before, it wis on the underotuidinj,'that it was t-j h« final. He had Lien the Couinns.sioiier who invtstis ite 1 the couipeii-iatton cbimn, and tlioi.i.-tiux-of ruin a-id utter de*>l:ition which he saw at Taranaki, lUiii; him resolve to use his utmost en le:tv),ir.s to prevent the then Governor from bringini; to like desolation the oiher provinces of tlils Island.

No -'tiler honorable iasnTo?r speikiac, the address 1 wx-> put and carried. The Council shortly afterwards adjourned to Monday. MONDAY, ,21 st JULY. The House met at 2 p.m." The ATTOKXISY GENERAL obtained leave to bring- in— - j A Bill for the relief of pcrsoas imprisoned f ur debt, and for tlw better security of creditors. A Bill Jor regulating Jutfex. A Hill f>r regulating the Coaskibulary Force. A Bill to amend the Law relating-to Lunatics. A iii.l for amending the Supreme Ceurt Act, j 18iU. - I A Bill U> amend the Law Practitioners Act, X&jl. \ A Bill for establishing- aiid regulntimr Gaols and i l'lison-i. . | GOLII PTEI.D3. t The ATTORNEY GENERAL i&ored—;< That a ' So ect CommitU'e be appointed to consider and report as to the exiK-dieuey of amending the Law relating to the management of the Gold Fields, anil the disposal of laud therein, and the nJininistnitioa of Justice in connection therewith. The committee to consist of the lion. Mr. Menzie*, the lion. Mr Crau-iurd, and the hon. Captain Uaillie. The com' mittee to have power to confer with any>- committee! of the House of lt^preseututivcs on the fik.*: subject.'' LIMIT TO NOMINATION t.P MEMUEKB. Dr. MEXZIES moved as a re.M)lution—''That this Council is of opinion that »o.ne limit should be ! fixed to the number of Members of the LcUlative ' Council, duriiifjr the currency of the present Assembly." The CHIEF JUSTICE aad JMr. JOHNSTON supported the motion. The ATTORNEY GENERAL, Mr. STOKES and, Mr. CRAWFORD opposed it. The Council divided. Aye* 7. Noes 3. The Chief Justice The Attorney General Dr. Menzies Mr. Crawford (Colonel Hassell Mr. Stokes. Mr. Johnston i Mr. Baiiiie Mr. Cuttield. Mr. Richmond. CAPITAL OP SOtTTaLASD. Dr. MENZIES movml for le:ive to bring in a Bill' to alter the name of the Cipiuil of Southland The name of hnvrcargiU was int likel, and wus too lonand not miluele-rtly euu.'unious. It was iuten lei tf> c»ll it Uliuum, aftir the family name of the Duke nf Newcastle, the present Secretary of State for th* Colonies. tue The ATTORNEY GENERAL thought it uawke to alter tho name, but would reserve hia remark ff another occasion. or The Bill was read a first tie. Adjourned to Tuesday.

A PROCLAMATION

Bringing into force certain regulations touching the carriage of passengers from New Zealand to other English possessions in Australasia. By His Excellency Sir George Grey, Knight, Commander of the Most Honorable Order of the ' Bath, Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, atd Vice* Admiral of the same &c, &c, &c. Whereas, by an Act of the Imperial Parliament, passed in the Session held in the Twenty-fourth and Twenty-fifth years of Her present Majesty's reign, intituled " An A-*t to empower the Governors of the several Australian Colonies to regulate the number of dassengers to be carried in vessels plying between Ports in those Colonies," it is amongst other things enacted that it shall be lawful for the Governor of | each of her Majesty's Colonies Already or hereafter to Ibe established in Australasia, by any Proclamation to be by him from time to time issued for the purpose (which Proclamation shall take effect from the issuing thereof, if no day shall be named therein for the purpoae),to prescribe such rules as he shall think proper tor determining the number cf passengers to be carried in any passenger ship which shall proceed from any such Colony to any other of Her Majesty's possessions for the fame being in Australasia, and for determining on wiiai deck or decks and subject to what reservations or conditions passengers may be carried, and also to prescribe such penalties for the infraction or nonobservanc of such Rules as to such Governor may seem proper; and it is also enacted that from the time when any such proclamation shall take effect and so long as the same shall continue in force, the rules and enactments contained in " The Passengers Act, 1355," relating to the number of passengers to be carried in any passenger ship, and the deck o decks whereon they are to be carried, shall cease to apply to any vessel to which such proclamation shall be applicable, save only as to the recovery and application of any^ penalty for any offence committed against ttie saia Act before such proclamation shall take effect: Now, therefore, I, Sir George Grey, the Governor of New Zealand, in exercise of the power vested in me by the above recited Act, do issue this my proclamation, to take effect from the 16th day of June, one thousand eight hunared and sixty-two, and I do hereby prescribe the rules hereinafter set forth for determining the number of passengers who may be carried in any passenger ship which Bhall proceed from the Colony of New Zealand to any other of Her Majesty's possessions for the time being in Australasia, and on wliat deck or decks and under what reservations or conditions passengers may be carried, aud the penalties for the infraction or non-observance of such rules, that is to &ay :— A.- Sailing Yesseis, 1. No Bhip propelled by sails only shall carry a greater number of persons (including every individual on board) than in the proportion of one statute adult to every two tons of her registered tonnage. 2. No ship shall carry under the poop or in the round-house or deck-boose or on the upper passengerdeck a greater number cf passengers than in the proportion uf one statute adult to every twelve clear superficial feet of deck alloted to their use. 3. No ship sliall canyon her lower passenger-deck I a greater number of passengers than in the propori tiou of one statute adult to every fifteen clear superj fidal feet of deck alloted to their use,provided, never- ■ thelfcsa, that if the height between such lower passeng ir-deck and the deck immediately above it shall bo . less than seven feet, or if the apertures (exclusive of ; side scuttles) through which light aad air shr-U be ad- - mitted together to the lower passenger-deck, shall be I less in size than in the proportion of three square , I feet to every one hundred superficial feet of the lower , ' oasscnger deck, no greater number of passengers shall ; ! be camel on such deck than in the proportion of one i j statute adult, to every twenty-five clear superficial f i feet thereof. *^

4. No ship, whatever be her tonnage or superficial space of pri«sf-n2tT-(ieeks, shall carry a greater number of p:i>«rm^rs on the whole than in the proportion of one statute adult to every live superficial feet clear ijr exercise oa the upper deck or poop (it secured, and fitted on the top with a railingor ffuard to the satisfaction of the Eraurrant Offieera tthe port of clearance,) on any rouad-house or deck-bouse 5. In the measure-meat of the passenger-decks", poop, round-house, or deck-house, the space for U» hospital and that occupied by such portion of the personal luggage of the pa*enger* as the Emigration Officer may permit to be carried there, shall be include!. Given under my hand, at Wellington, and issued undtr the Seal of the Colony of New Zealand thU Kixteeutb day of May, in the vearof our Lord, one thousand eight hundred and"sixty-two. By Uis Exceli<?ncy s command, William Fox. God Save the Qceek!