β¨ Legislative Debate Transcript
(35)
The Colonial Secretary. I beg to explain that
I should not have voted against the motion, had
not the petition been printed already, and widely
circulated.
Mr. Earp. The petition has not been widely
circulated in the southern part of the Colony.
The Governor. The question has been de-
cided, and a discussion upon it now is out of
order.
Mr. Earp.-- I merely made the remark after
the Colonial Secretary had explained, and who
also spoke after the decision.
The Governor. The observations on both sides
were, no doubt, a little irregular.
Mr. Porter. I believe I am now in order, in
moving that both the petitions, on which we have
already had some discussion this morning, be now
read.
Mr. Earp seconded the motion.
The Governor.-I have already expressed my
acquiescence in the reading of those petitions, on
one simple condition, and the object of that is, to
prevent a one-sided statement from going forth to
the public. One long petition against the Bill
has been already read, and it is now proposed to
read a second. The latter document, it has been
declared, contains the sentiments of the presenter,
who is a most influenial member of this Council.
What I propose, then, on behalf of Government is,
that the Bill be read a second time, with an ex-
planatory statement of its real meaning and pur-
port; then, that both petitions be read, and that
the further consideration of the Bill be adjourned.
Thus, the views of Government, with respect to
the measure would be no longer misapprehended,
and the Members of Council, having a week for
deliberation, would, in the words of the peti-
tioners, be prepared for the discussion " after
mature and serious consideration."
bill passed; but am by no means anxious for
the passing of the Government Bill, on the
table.
The Governor. The leading objects of the
Bill are very accurately traced in print. The only
object is to arrive at the truth, and ascertain the
correct state of public feeling. The Bill is not a
mere government measure; I utterly repudiate
the term. There is no intention, in any quarter,
to prevent the fullest and freest discussion. On
the contrary, we court inquiry and information;
only it is necessary that both sides should be fairly
heard. The Bill, at a future meeting, will be read
a second time, when its principle will be fully de-
bated; and when the Bill is in Committee, any
member of Council will have ample opportunity
of discussing its various clauses in detail. There
exists no intention of hastening the measure, or
smuggling it through the Council. All I really
want to know is, what will be for the general
good of the colony, taking it as a whole, and
legislating for all the settlers, with a desire for
their permanent prosperity. With this view, I
am desirous of becoming acquainted with the
wishes of all the colonists.
Mr. Porter-I do not see any material objec-
tion to the course suggested by His Excellency.
Mr. Earp. But I object to such a course on
two grounds-First, because it would be in viola-
tion of one of our standing orders; and secondly,
because the Bill itself ought to express the opi-
nions of government without any explanation.
Mr. Earp. It is impossible to do so; and this
forms one of my objections to the course now pro-
posed. I object to facility being given to one
part of the community, of which another portion
cannot avail themselves. The largest community
of settlers is at Port Nicholson, all of whom have
a deep stake in this question. Their interests
are as vitally affected by it, indirectly, as are
directly those of residents in other parts of the
colony. There can be no objection to the petition
being read, and the Attorney-General's statement
would be quite in time, previous to the discussion
at our next meeting,
The Governor. - If the title, by an unanimous
decision, cannot stop at the point which I propose,
I do not feel disposed to press the suggestion,
even although there be only one dissentient. One
petition (that from Kororarika) was evidently
written before the details of the Bill were known,
and merely after reading the speech delivered on
the opening of Council. I do therefore repeat,
it is only fair that government should have an
opportunity of being heard, through one of its in-
fluential members-the land claimants, and others,
having also a hearing through their petitions.
The Golonial Secretary-Such a coure would
be inconvenient. The second petition conveys
the sentiments of the hon, member who presented
it; and, as there seems to be an objection to hear
the sentiments of a member of government on
the other side, I now propose, as an amendment,
"that the second petition be not read until the
second reading of the Land Claims' Bill' shall
come on for discussion." The desire of govern-
ment, with regard to this Bill, is to carry into
effect, as far as is practicable, the wishes of the
colonists themselves, and to obtain, if possible,
their sanction and support to our proceedings.
Government is aware that, without such support,
or at least the approval of a majority of the com-
munity, any measure that might be passed would
not be successful. It is a measure which govern-
ment has very much at heart, and it is scarcely
fair to give publicity to strong petitions against it,
without affording, at the same time, an opportu-
nity to them of fully explaining their wishes and
intentions.
Mr. Earp. To give the government an expres-
sion of opinion on a Bill, without affording an
opportunity of reply, is a procedure to which I
never will consent.
The Colonial Treasurer seconded the amend-
ment. The suggestion of the Governor was so
reasonable, that he was surprised there should be
any opposition to it.
Mr. Porter. I do not exactly coincide with
my honourable friend on this occasion. I am
anxious to promote a settlement of the question
by the passing of the Bill, and do not object to
the course proposed by His Excellency.
Mr. Earp-The very thing Government requires
is within your power. Why cannot the Attorney-
General enter into his statement or explanation
now, without reading the hill a second time?
Mr. Earp.-1 am also desirous of seeing a
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ποΈ
Continuation of Debate on Land Claims Bill and Petitions
(continued from previous page)
ποΈ Governance & Central Administration25 January 1842
Legislative Council, Land Claims Bill, Petition reading, Debate, Standing orders, Port Nicholson
10 names identified
- Earp (Mr.), Explaining vote against motion
- Earp (Mr.), Stating petition not widely circulated
- Porter (Mr.), Moving to read petitions
- Earp (Mr.), Seconded motion to read petitions
- Earp (Mr.), Objecting to proposed course of action
- Earp (Mr.), Objecting to explanation procedure
- Porter (Mr.), Not seeing material objection
- Earp (Mr.), Objecting to reply opportunity
- Porter (Mr.), Coinciding with Governor's proposal
- Earp (Mr.), Requesting Attorney-General's statement now
- The Colonial Secretary
- The Governor
- The Colonial Treasurer
NZ Gazette 1842, No 6A