Legislative Council Debate




(33)

Mr. Earp.—Would it be possible for the Mem-
bers of Council to have access to the first set of
Parliamentary Papers on this very important
subject?

Mr. Clendon.—It is desirable. also, that copies
of the Marquis of Normanby's instructions, when
Secretary for the Colonies, should be available
previous to the future discussion on the Land
Claims' Bill.

The Governor.—The Marquis of Normanby's
instructions can be had; and the first set of Par-
liamentary Papers, I rather think, also; but of
this I am not positive.—I am exceedingly de-
sirous to put the Council in possession of every
official document, not only in relation to the
Land Claims, but on every other subject. Such
papers and copies of instructions, as are in my
possession, shall be laid on the table.

THE KORORÁRIKA PETITION.

Mr. Clendon.—I had the honor, at the last
sitting of Council, to present a petition from
numerous Land Claimants at Kororarika, and
which petition was, pro forma, laid on the table.
I am desirous that the petition should be now
read at length, in order that members may be
prepared for its discussion, previous to the second
reading of the Land Claims' Bill, on Tuesday
next.

The Attorney General.—I presume the petition
referred to is the one of which a full copy appeared
in the last number of the Auckland Herald.

Mr. Clendon.—It is.

The Attorney General.—Then all the members
have an opportunity of making themselves fully
acquainted with it, without reading the entire
document now.

The Governor.—The only objection I make to
the document is, that it is not written in that
respectful style which is necessary with regard to
petitioners addressing a Legislative Assembly.
Under all the circumstances, however, I shall not
oppose a motion for the petition to be taken into
consideration.

Mr. Earp.—As the petition has been entrusted
for presentation to the Hon. Member opposite
(Mr. Clendon), I would suggest that he should
render it less objectionable by erasing or alter-
ing the obnoxious passages.

The Governor.—The course suggested cannot
be adopted. The petition must be received or
rejected in its original shape.

Mr. Earp.—In its original form it cannot be
received, unless the Council compromises its own
dignity.

Mr. Clendon—the petition, no doubt, was
written under feelings of strong excitement, and
may not be worded in terms very smooth or cour-
teous; but I submit that it ought, nevertheless,
to be taken into consideration.

The Governor—I have already observed that
the petition is couched in language which ought
not to be addressed to a Legislative Assembly;
and, if the petitioners were in this immediate
settlement, where an opportunity would be afford-
ed them to re-model the document, I should say
that we ought to reject it. Unfortunately,
however, they are far distant, so that we cannot
allow the question to stand over for so long a
period as would transpire before the necessary
communication could be made. More mischief
would therefore, in my opinion, be created by
rejecting the petition than receiving it; but I
think it proper that the parties should, at the
same time, receive an intimation that this Council
disapproves of the spirit in which the petition is
drawn up.

The Colonial Secretary—It is for Mr. Clendon,
who presented the petition, to make such motion
on the subject as he may think proper.

Mr. Clendon—Then I will move that the peti-
tion be read at length, and taken into considera-
tion, previons to the second reading of the Land
Claims' Bill, on Tuesday next.

The Governor—Does any Member second
that motion?

The Attorney-General (after a short pause)
said, I do not know whether, eventually, I may
vote for the adoption of the petition, but, I am
at all times anxious to promote freedom of discus-
sion. If the petition is so exceptionable as, after
being fully discussed, to canse its rejection, the
erring parties will be more effectually punished
by giving it publicity, than if we refused to re-
ceive it. If, on the other hand, the petition is
eventually received, no harm can have accrued
from its discussion. I will, therefore, with great
pleasure, second the motion of Mr. Clendon.

The Governor then submitted the motion to
the Council, which passed unanimously.

This closed the business of the day, and the
Council adjourned to Tuesday next, the 25th
instant.

TUESDAY, JANUARY 25, 1842.

The Council met this day, pursuant to adjourn-
ment.

Present—All the Members; His Excellency
the Governor in the chair.

The Minutes of the last Council were read and
confirmed.

Mr. Porter presented two petitions "from pro-
prietors of, and claimants to, land in New Zea-
land." The first of these petitions, (the Hon.
Member observed,) prayed that the second read-
ing of the Land Claims' Bill," fixed for this day,
may be postponed for at least ten days." The
second petition set forth the opinions of the peti-
tioners on the bill. There is nothing objectionable
in either petition; and both are expressed in
courteous language. With the sentiments con-
veyed in the second petition, on the subject of the
bill generally, as it now comes before the Council
for a second reading, I most cordially coincide.
It expresses, in fact, my own sentiments on this
important question, in much better language than
I could employ; and I now move that both peti-
tion be read.

The Governor (after looking over the second
petition) said:—We are given to understand that
this petition contains sentiments with which the
Hon. Member, who presented it, entirely coin-
cides.—Now, it must be obvious that, previous
to any Hon. Member committing himself to a
particular line of conduct in the subsequent stages
of this important bill, that he should hear a dis-
cussion upon it, and be put fully in possession of



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VUW Te Waharoa PDF NZ Gazette 1842, No 6A





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🏛️ Debate on Land Claims Papers and Kororāreka Petition (continued from previous page)

🏛️ Governance & Central Administration
25 January 1842
Legislative Council, Land Claims Bill, Kororāreka Petition, Parliamentary Papers, Council Proceedings
  • Mr. Earp
  • Mr. Clendon
  • The Governor
  • The Attorney General
  • The Colonial Secretary
  • Mr. Porter