The Land Claims. (To the Editor of the Southern Cross.)

Daily Southern Cross, Volume I, Issue 26, 14 October 1843, Page 3

The Land Claims. (To the Editor of the Southern Cross.)

Sir, — As there appears to be something stirring ia the minds of the Government about settling the everlasting "Land Claims," I propose to offer a few observations on the late ridiculous proclamation issued by the officer at present administering the Govern- j nient ; but before doing so, as it is a subject on which many of the new settlers are ignorant, it will be necessary to make a few remarks, commencing from the passing of the first BiU by the Legislative Council of this Colony for their settlement, on tho 9th Juno | 1841 In the session of 1842, tho then Legislators of the Colony, tho official inombers being the late Captain Hobson, Mr. Wil-' loughby Shortland, tho Attornoy General, and the late Collector of Customs and Trca- 1 surer, imagined they had hit upon a splen- j did scheme for the settlement of the Land \ ClaimB, and they consequently brought in a Bill to concentrate by force all the settlers to a given pomt — namoly Auckland, — after a good deal of ill feeling and ignor^jico ,on the part of ' the Government towards the people, who memorialized to be allowed to concentrate voluntarily, and not to bo forced into it, — finding the remonstrances of the settlers to' bo general, they abandoned their stupid scheme and brought in their late Bill, iriiich has been kicked out by Lord Stanley. l On being however obliged to abandon their first Bill, the Attorney General, Mr. William •Swainson, made use of the following memoriable words — " But if there is one member of the 4< Government who has taken a greater "share than another in originating, de-. "vising and endeavouring to carry the; I "measure, it is myself. If therefore i "any member of tho Government deI " serves on that account more odium or I " more unpopularity than another, lam ■ *' the Man:" B^las ! how are the mighty fallen —at tho Ronclusion- of Mr. Attorney General Swain»on J s speech he threatened the settlers with m ?orse Bill, which was passed, and which B* ill has now been disallowed by tho Home government, and although Sir Geo. Gipps J ■Bill is approved of, in order to soften its, Parshness, Lord Stanley has instructed the ■ P<ocal Government' to allow the settlers "the] mpiion of exchanging their Land, for Grants m® tfa unoccupied portions of the District in Which the Town of Auckland is situated," ■hus plainly shewing the official members of ■to late foolish Council that the settlers were ■easonable in their requests, and that they, ■to i official members, were the oppositionists, B n d not the settlers. — Let us now see what W the result of tho Concessions of Lord StanWJtothe settlers, whom his Lordship apB e ars to view with some favour, when he ■ays—" To many of them, and those too tho ■ersons most deserving of consideration, viz., ■ forge body of the early settlers,—- judging ■7 thoir own representation, it appears prob■po that its operation would prove most in■Pttons ;" it will however be perceived that W* voluntary concentration system, that

the unfortunate Claimants: at present, by the Government's own regulations, they incur an immense expense in attempting to carry on the surveys, while on the principle which I have shewn by the Bill and Equity to exist, the whole expense pf surveying would be saved to those who concentrate, and even those who remain on their own soil could easily measure a certain number of chains each way, in order to acquire their grants; on the sliding scaie adopted by the Bill under consideration, without going into any particular calculation, 200,000 acres would settle overy claim in Now Zealand (except the New Zealand Company's, who have nothing to do with this Bill), and as the Local Government ha.ye already published claims which amount tp about 30,000,000 acres, surely they ought to bo satisfied with the slight difference in their favour. —Again I ; would say to the Laud Claimants, wait, and itako your Grants from a Governor —not from a Vice. I am, &c. Auckland, Oct. 11, 1843, ! I \ I

caused all the ill feeling that exists to this day by the Government towards the Land Claimants, and which the settlers were anxious for* has been allowed by Lord Stanley, to the everlasting shame and disgrace of those who were the " originators" and "devisors" in opposing the Land Claimants ; — but how are these orders being attempted to bo carried out? — the only two of the late official members who are left aro Mr. Willougieby Shohtland and Mu. Attobney General Swainson, and although the reign of these Gentlomen cannot last above six weeks longer (as the New Governor is sure to bo hero in that time), instead of mending the error of their ways, they are attempting to impede and oppose the settlement of tho Claims in every way in their power ; — first they advertise that all parties who wish to avail themselves of Lord Stanley's instructions must send in their applications before tho 31st December ensuing ; — then however remembering that there are three official members of Government, three Commissioners of Claims, three Commissioners of Audit, three Trustees of Insolvent Estates, they determined also to have three Classes of Land Claimants — although they do not perceiye that their own proclamations havo made four, namely, those who may send in their claims up to the 31st December next, and those who send in their claims before the 9th December next ! ! ! ! — 1 would now ask, what right or on what authority do Mr. Shortland and Mr. Swainson attempt to put tho Land Claimants, whom they themselves have declared by their • proclamations, to have validly purchased their lands and to bo entitled to Grants accordingly — what right I would ask have they to make them into three classes and place one in a better position than another ? if they havo authority for their acts, let them publish them, — and if they havo none, then let them immediately carry out the instructions of their superior — > or is tho secret farther hidden, have any of the Honourable Gentlemen any Lands in the immediate neighbourhood of tho district to which tho unfortunate Claimants are to be forced ? or have their immediato friends ? — Will Mr. Shortland or Mr. Swainson answer this ? — In conclusion of this part of my remarks I would recommend all the Land Claimants, as they have waited so long, to wait a few weeks longer, when the Shortland and Swainson dynasty will cease, and the Family Compact I hope be broken for ever. I would now, Mr. Editor, make a few further remarks about the Bill under which the claims are finally to bo settled — and in the sixth clause, I find tho words: — "Provided " however, that no Grant of Land shall bo *' recommended by the said Commissioners { ' which sha)l exceed in extent 2560 acres, " unless specially authorised thereto by tho " Governor with tho advise of tho Exocutivo "Council;" — now this appears plain and simple : suppose I havo five different claims, for each of which I have paid £128 on the 1st January 1835, — why 1 should be entitled to 2560 acres for each claim — and there is nothing in tho Bill to prevent my having that quantity, as the recommendation from the Commissioners must be on each separate claim, which may be in five difieront places, and the Bill does not say that no claimank shall have more in the whole than 2 5 0 0 acres, it only says that no single grant shall contain tho recommendation for more than 2560 acres — and this was done to prevent parties from holding large tracts of country m one place ; but even this rule has been brokon through in the case of Mr. Clendon, who has a grant for 10,000 acres, and must bo broken through again if tho Government want 1,000 acres of any body's land to form a Township, and the exchange is made on the same principle as that of Mr, Clendon, namely 30 acres for each one, a grant would have to be issued for 30,000 acres. — Let the Land Claimants look to this, and barter not their birthright for either the smiles or frowns of any Colonial Tyrant. There is nothing mentioned in the Bill about the surveying the lands to bo granted, and I need hardly observe ip the Land Claimants, that the present Government Regulations are not law, but a simple regulation framed for the purpose of draining the last penny from the unfortunate claimants, whom they well know are to a man nearly ruined — the present Bill however awards a certain quantity of land for the money paid without any regard to quantity claimed, aud I therefore contend that by the Bill itself as well as in equity each individual is entitled to the full quantity in accordance with tho money paid — equity would also decide this as if my claim on one grant was 10,000 acres, I should Jose 7,440 acres, and ,onthe same principle if I am awarded 500 acres, and in reality have bought only one, I am both in Equity and by the Bill itself entitled to the difference — this also a short time ago was the opinion of the , "Law Officers/' who asserted that one man's "overplus" should make up another one's "deficiency." On this principle also an immense saving would accrue both to tho Government ami