MR. FOX’S RESOLUTIONS

Wanganui Chronicle, Volume 4, Issue 218, 22 November 1860, Page 4

MR. FOX’S RESOLUTIONS

ON TIIE CABINET’S NEW ZEALAND BILL, and what has-Resulted. On the 2nd October, Mr. Fox moved, in the house of representatives, the following resolutions: “ That this house has heard, with deep regret, that a bill has been ' brought, before the Imperial Parliament, with the object of instituting a system of government in reference to the Native affairs of this .colony, which entirely removes those affairs from all control by the legislature of the colony ; and it regrets still more deeply that so important an alteration of the Constitution act should have been proceeded with so far, without, any communication whatever on the subject having been made to the Colonial legislature, or to the responsible ministers of the colony. “ That this house desires to repudiate, in the strongest, possible manner, the allegations that have been made, that the colonists entertain any but the most friendly feelings towards the Native race, that they are in any way indifferent to their welfare and conservation, or that they entertainany such sentiments or? the subject of the acquisition of Native lands as have been attributed to them. “ 7'hat this house believes that the solution of the present Native difficulties can only be looked for from the local deliberations of the General Assembly, and the local action of the Colonial Government, working ia harmony with the Native race, and in conformity, as far as possible, with their opinions and suggestions.

“ 7'hat the co-operation of the Colonial legislature cannot be expected towards any system of Native administration imposed upon the colony by the action of the Imperial Par liament, taken in the entire. ignorance of the fact on the part of its legislature, and in opposition in many respects to its views. “ 7'hat a copy of the foregoing resolutions be forwarded to his Excellency, with a request that he will immediately transmit thbm to her Majesty’s Parliamentary Secretary of State for the Colonies.” .

The hon. member said, he regretted extremely that the duty of proposing these resolutions had devolved upon him ; he had thought that the subject would at once have been taken up by his Excellency’s advisers. It was evidently the duty of the government to protect those privileges which had been conferred in the “ Constitution act;” he also deeply regretted the part which his Excellency had taken in the initiation of this matter. If there was one step more than another which showed the good feeling, and the anxious desire which bad been manifested by the Imperial authorities towards them as colonists, it ■was manifested by that distinguished nobleman who held the seals of the Colonial government, in the earnest desire which he exhibited—the labour he bestowed—and in his whole conduct in reference to the obtaining of the Constitution m 1853. He (Mr. Fox) then called the attention of the house to the circumstance of the l,)uke of Newcastle having introduced a; bill in the house of Lords for the management of Native affairs in New Zealand. He (Mr. Fox) was not going to discuss that bill, or go into the details of it; he had no desire to detain ihe house with any remarks on the merits or demerits of the bill. What he wished on the present occasion was, more particularly to draw the attention of that house to the single fact that a bill had been introduced into the British Parliament on New Zealand affairs, and to most emphatically call upon that house, at this the earliest opportunity, to assert its dignity, and contend for the management and control of the internal affairs, and in fact the whole affairs of this colony, so far as legislation on them was concerned. He (Mr. F.) commented upon the danger to their rights and liberties in a prospective sense, by the Imperial authorities being allowed to take this step without a remonstrance from that house, observing that there was no cause whatever ■for such interference, and also that every member was bound to insist that such interference—that such an attempt to trespass upon their privileges—was in no way justifiable. The proper course which he (Mr. Fox) appre bended should have been taken, was, that the measure, if found absolutely necessary, should have been prepared by his Excellency’s' advisers—that it should have been suggested by them at all events—or at any rate that it should receive their sanction before it was attempted to lay it before the British Parliament, or any steps taken to give it the course ‘ff.Jaw. He (Mr. Fox) had no doubt but that his Excellency had taken the initiative of a measure, without first acquainting the colony —a measure, the effect of which was to repeal one-half of the Constitution act. He would / read for their information a few sentences, from his Excellency’s despatch on the subject in question. [The. extracts referred to the objections urged by his Excellency against Native affairs being annually diwusscd in the local legislature, coupled with the names and opinions of Dr. Mari in and W. Swainson, E-q. on this question.] He (Mr. Fox) said, he could not help regretting his Excellency should not have pressed the second point on the consideration of the Imperial Government, namely, in reference to the prerogatives of that house, and the propriety of the measure being prepared and submitted to the legislature in the colony. Had he done so, be would have avoided a very great responsibility. As he had not done so, lie (Mr. Fox) could not alto gather acquit him of the responsibility of being the unfortunate cause of bringing that house into oollisiou* with the Imperial Government. The hon. member observed, the first resolution asserted the right of all measures having

reference to New Zealand affairs being initiated in the colony, in accordance with the strict meaning of the Constitution act. He was aware that there were many members of that house who ‘ believed that the sole administration of Native affairs had been taken out of their hands by virtue, and on the basis of, the arrangement in reference to the obtainment of responsible government. He (Mr. Fox) denied that such was the case; and urged the reassertion of those rights which had been conferred on them by the Constitution act, which gave them powers to deal with every question pertaining to the internal and domestic welfare of the colony. The next subject was one that he approached with extreme regret. He was indeed sorry to have it to say that after twenty years’ peaceful intercourse with the native race, they bad drifted into a war with them. He re the hon. member drew a marked distinction between the native war in 1846 and 7, and the present war of 1860. The feelings of the natives at the former period were not excited against the inhabitants of the colony. 7'he settlers at that time were in no way mixed up in it. It was a most grievous fact, that after twenty years’ friendly colonization, and after living on such peaceful terms so long, to find themselves branded, as they had been, by a minister of 'lie Crown, with a lust to have “ blood for blood.” It was a most unfortunate thing, and for which there was considerable responsibility attached, for an article which contained those words having found its way in a special despatch to a minister ; indeed, transmitted in such a manner as to lead her Majesty’s ministers to conclude that there were more than one—as if there were a single one more than the writer himself who entertained a sentiment so ridiculous and so barbarous as that sentiment—that is, a lust to have “ blood for blood,” which was contained in that article ; an article which he (Mr. Fox) would undertake to affirm, represented in this respect,not one single section of the Europeans of the colony—an article which his Excellency would have exercised a wiser discretion in putting in the fire, than by placing before her Majesty’s advisers. (Hear, hear.) It was surprising to him thaj; bis Excellency, regardless of the position lie holds, regardless also of the consequences, should have determined at any xisk to act in accordance with *the sentiments he may find in any paper, on any point; and he was still more surprised that be should have sent such a sentiment in a despatch, as if in accordance with the sentiments of the settlers generally, which his Excellency wished to convey to the Home authorities, by in this way bringing it under the notice of her Majesty’s government. He (Mr. Fox) again read from a despatch of his Excellency a number of extracts which had been taken from a speech delivered by a member of the Auckland Provincial Council on the natives, and the system of land purchase during the last session. He (Mr. Fox) could not help expressing his surprise at the large hold which had been taken of a speech delivered by a member of a Provincial Council, which he was sure in no way represented the universal feeling of the people of a single province, much less the feelings of the people in all parts of the colony ; the feeling entertained generally was the very reverse of that expressed in the paper. 7’here was a desire to deal with the natives on principles of justice, and he could not help feeling surprised that his Excellency should have expressed those sentiments without ac the same time having accompanied them with one single explanatory remark, to show that they were not general; that he, when speaking of those atrocities and absurdities did not point out their isolated nature, and that they were the very reverse of those entertained by the people of New Zealand towards the native race. How his Excellency could for oue moment lead her Majesty’s Government to believe that all these various charges were applicable to the colony, after the twentyyears’ peaceable relations that bad existed, and after the real sentiments of the colony had been so repeatedly laid before her Majesty’s Government, in a variety of ways, he (Mr. Fox) could not understand; there was one ex cuse, and lie (Mr. F.) admitted it was but a slender one; he could only attribute this conduct to his Excellency’s entire ignorance of the sentiments entertained by the people, especially in the other parts of the colony ; he had taken but few opportunities of making himself acquainted withh them. His Excellency had visited the province of Wellington in the year 1854, where he remained but a short time; and again, about a year and a half ago, for a short time; and these were all the opportunities he had availed himself of, in making himself acquainted with the sentiments of the colonists in the Southern portion of New Zealand. It was due to that House —it was due to the colony—to declare the very temperate manner in which they had treated the natives, and also to declare that, instead of the sentiment in this newspaper being a fair representation of the sentiment of ■ihe colonists at large, it was only the sentiment of one single individual in the colony, [il/r. Fox read the second resolution.] - He was sure that every one who had witnessed the transactions during the last four yq/irs, or was at all acquainted with the system or no system of the native land purchase department during that period, would conclude that the present crisis was distinctly traceable to the non-responsibility of that department of the Government. The memorandum of the member for Christchurch—which that hon. member himself now deeply regretted—hud unfortunately been the foundation of those troubles under which they now lived: it left that Douse without the power of interfering, however desirable it might be that it should do so, Mr, Fox went on to describe tlie

manner in which-.tlie responsibility was -divided: amongst three or four different parties, not responsible to each, other, each shifting the blame from himself to the other, which had ended in a wretched break-down, and which had brought on the present difficulties. It was time that such a wretched state of things, brought on by this divided responsibility, as it had hitherto existed in the native department, had come to an end. He (Mr. Fox) would much sooner prefer the bill before the Baritish Parliament—much as he disapproved of the manner in which it had been brought there—to the present irresponsible state of things. There was in reality no responsibility in the entire administration of native affairs Had the management of native affairs been entrusted to hon. members responsible to that House, they would not at that, moment have been in a state of war with the natives. So far as the expences of the war were concerned/, 'they-had been told that that House would have to bear the militia expenditure : another result of tlie divided responsibility : better and cheaper would it have been to have borne.the whole expenses of the war, even if it amounted to ,£500,000 —and it would have been more proper to incur this sum in the introduction of- some sagacious scheme, than to have drifted into this miserable state of affairs. He felt satisfied that tlie House would riot consent to carry out any system of government without its being first consulted, Any scheme likely to meet with the support of that House must emanate from themselves: any scheme sent to them by the Home Government should be "returned, because it was not their (the colonists’) own act. and deed. He thought it was extremely desirable that this view of the subject should be laid before Her Majesty at once.

. After a'long debate the-resolutions were referred to a select committee of both houses, the adoption of whose report Mr. Fox moved! He said, his resolutions asserted for this House tlie right of legislation in Native Affairs, and protested against certain imputations upon the settlers. The resolutions had been referred to a committee coiiistirig of three members of each House, who at once devoted their attention to giving a practical bearing to them, arid had come to a ririahiraous conclusion which they had submitted-To ' ilteTlouse in the Report with a view 1 : uf a enactment being passed by this House to give our institutions an entire change. 0 They had riot been long in finding out that one of the great causes of the confusion prevailing had been tlie entirely obstructive, irresponsible character of the Native Secretary’s (not the Native Minister’s) department; a rid it had happened unfortunately that* when the existing memorandum of 1856 was entered into, this Department had obtained such a hold in certain high quarters that it was impossible that the Native Minister could carry out anythiug, great or small, if it were opposed iu any way to the views of that Department., One of the great objects of these resolutions was to sweep away, as an independent Department, the office of the Native Secretary. The house would remember, that during the discussion of the resolutions previously referred to, two different proposals had been brought forward—the lion, member for Christchurch proposing his periti Council, and he (Mr. Fox) •- proposing that Native Affairs . should ■be given over to Responsible ministers. The first having been defeated, the hon. r member for Christchurch had considered the proposition of himself (Mr. Fox) as the next best, and he joined him in it. This was tlie decision which the committee had somertd'.; ‘ they had harmonised the different views then held in the lionse, and met the Home government half way, by adopting to a limited extent thefsystem of-a Board, which he (Mr. F.j had always approved if it could be made subordinate to Responsible Government. 7’lie proposition was this—that Native affairs should be restored to Responsible ministers, who should be advised by a Board, having no other power than advice, the Resposible ministers-.carrying on all act ion, /n this respect they all agreed, and went some way towards the wishes of the Home government, who, lie tnought, might be prepared to look at the matter as a fair compromise. He presumed hon. members were acquainted with the substance of this Report, and would be prepared, without much discussion, to agree to it. fFith the exception of two minor points of detail, which would be subjects of further consideration, the whole committee had agreed to the report. ' One of theserwas, that powers might be given to the Council of Advice occasionally to act administratively when called upon. 7’he other point was, that members of the Council should be removable by an address of both houses, These were-the only points of difference, and on them - the minority had surrendered their opinion to the majority.

The following./Bill has been prepared in accordance with the recommendations of the Committee. THE NATIVE COUNCIL ACT, 1860. An Act to establish a Council to assist in the administration of Native affairs. Whereas it is. expedient that a Council of a permanent character, to be composed of duly qualified persons, should be established on a constitutional basis, to j.vhom the Governor and his responsible advisers may have recourse for advice and assistance in the administration of native affairs; Be it therefore enacted by the General Assembly of New Zealand, iu Parliament assembled, and by the authority of the same, as follows: I. The short title of this act shall The Native Council act, 1800,”

ESTABLISHMENT'OF COUNCIL. \ 2. There shall be established a Council to be styled “ The Native Council-of- New: Zealand hereinafter called the Council. •!- ■ 3. The Council shall be appointed by her Majesty, and shall consist of not less than three, or more than five members.

4. Her Majesty may appoint oneof the members of the Council to be the secretary thereof, and two other members of the Council to receive fixed salaries ; and every such appointment shall remain in force until the person holding the same shall resign, or cease to be a member of the Council.

5. .Every member of the Council shall hold his office during good behaviour: Provided, that if at any time hereafter the Council shall be abolished, no member thereof shall have any claim to compensation on account of such abolition.

6. It shall be lawful for her Majesty to remove any member of the Council from his office upon an address of both houses of the General Assembly of New Zealand. 7. It shall also be lawful for her Majesty, at any time when the General Assembly shall not be. in session, to suspend any member of the Council from his office ; and such suspension, unless previously revoked, shall continue in force uutil the end of the next session of the General Assembly, and no longer.

8. For the maintenance of the said Council there shall be payable to her Majesty every year out of the ordinary revenue of the colony the sum of .£2350, to be .expended for the purposes specified in the schedule hereunto annexed. MEETINGS OF THE COUNCIL. 9. .<4l! business shall be transacted at meetings of the Council, at which . three members shall be present. 10. All questions shall be decided by a majority of members present at any such meeting, the member presiding having a casting vote in addition to his vote as a member, and the act of the majority at any such meeting shall be the act of the Council.

11. 7’be Council may, from time to time, make, vary, and abolish Rules for all or any of the purposes following : , (i.l For regulating the holding and adjournment of meetiims.

(ii.) For - determining under whose presidency such meetings shall be held. (iii.) For the due and orderly conduct of the deliberations and proceedings at such meetings.

(iv.). For recording the various acts and decisions of the Council.

(v.) And generally for promoting the effective despatch of the business of the Council.

Provided, that full and exact minutes shall be kept of all acts, proceedings, votes, find reso lutions of the Cbtiricil; and such minutes shall be open at all reasonable times to the inspection and examination of the Gyvernmont. DUTIES OF THE COUNCIT. 12. It shall be the duty of the Council,— (i.) To advise upon all matters relating to Native affairs upon which they shall be consulted by the Government. (ii.) To submit for the consideration of the Government such mea.'-ures as may appear to the Council desirable for promoting the civilization of the Natives ; for ascertaining and defining their tribal and individual territorial rights; fur encouraging the partition of lands held by them in common ; for rendering their surplus lands available for purposes of colonization ; for establishing law aud order amongst them; for preparing them for the exercise of political power ; aud generally for promoting the good government, welfare, aud advancement of the Native people. (iii.) To assist, when called upon, in the preparation of the drafts of any laws, regulations, or other legislative measures which it may be deemed advisable to submit for the consideration of the General Assembly, for the purpose of effecting any of the before mentioned objects. .Provided, that it shall be competent for the Council to meet in an administrative capacity also, at the instance of the Governor in Council. ■ DUTY OF THE GOVERNMENT. 13. It shall be the duty of tlie Government of Now Zealand to consult the Council on all important questions relating to the management of Native affairs. delegation. 14. It shall be lawlul for her Majesty, from time to time, to delegate to the Governor all or any.of the powers conferred on Her Majesty by this act, and -any such delegation to alter or revoke. COMMENCEMENT OF ACT. 15. 2’his act shall not come into operation until the same shall have been confirmed by her Majesty, with the advice of her Privy Council, and proclamation of such confirmation shall have been made by the Governor in the New Zealand Gazette. Schedule. (1.) Secretary of Council ......... .£7OO (2.) Member of Council with salary 500 (3.) Member of Council with salary 500 (4.) Fees and Expences for attendance of ot her Members of Council and Establishment 650 J 52350

JfAIKATO. We are glad to be able to announce that all grounds for apprehension of a disturbance of the peace of this district have been removed. The armed parties of Natives whose presence at Tuakau has spread such alarm in the out districts in the; vicinity of the river, have dispersed and returned to the places from whence they came-