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Lyttelton Times, Volume III, Issue 143, 1 October 1853, Page 5

To the Editor of the Lylielton Times, Sm—Excuse me for saying* I am somewhat surprised that you have not by this time awakened to a right estimate of the value of what you receive, as authentic, from your precious Akaroa correspondents : but your information as to what is to be immediately done, as regards crown lands, net revenue of Customs and Post Office ; and what is to be at the disposal of the Superintendant, and Provincial Council, seems to be derived from equally valuable sources. At all" events I am longing1 to see the petition from Akaroa, particularly the names attached to it, addressed to His Honor the Superintendant, which, no doubt, will demolish a feeble old man like me ! May I, however, venture to say, that you would have acted more judiciously had you waited to see what is really to be done, and until the publication of certain " circular instructions" from government to commissioners of crown lands of the several provinces, and of which I have only as yet received a part. But those of your readers who are ready and willing to be deceived, will continue to be deceived. But, at Akaroa, I meddled not with the affairs of others, but, as was both desirable and necessary, I kept my own counsel, and thus your sages there construed my passiveness into incompetency or incapacity ; and " the only facts j^you have been able to arrive at are, that the commissioner receives salary and does nothing." It is now high time that I should be no longer passive or silent, for the modest assurance of some men is in proportion to theii1 ignorance.— It may, however, yet " bring them to grief." I therefore beg, in common fairness, and that the Canterbury public may be no longer misled, you will give in your next number the following letter, which on the 6th instant I addressed to Mr. Sewell. I remain, faithfully yours, James Campbell. September 19th 1853. Crown Land Office, Christchurch, Sept. 6, 1853. Stß~^-I have this day had the honor of receiving your communication of yesterday, on the subject of lands in Banks Peninsula ; regarding which, as likewise the claims or contracts to which most of them are subject, you seem to be altogether misinformed. Captain Simeon's answer of the 21st of April, to my letter of the 2nd of March last, betrayed such a total want, as agent of the Canterbury Association, of information, as to the matters contained in mine, and evinced a spirit so little calculated to promote what was so anxiously wished for by government and myself-^an amicable adjustment of supposed existing disputes between Government and the Canterbury Association, that, hopeless of effecting anything use-

ful or beneficial to those concerned, I thought it advisable to forward his letter, together with yours of the 23rd of April, to be submitted to His Excellency the Governor. I hope you will excuse me for saying that you seem to misunderstand my position as Commismissioner, not only of crown lands, but also under the New Zealand Company's land claimants' ordiuance. It is my duty when I receive instructions, under the hand of the Governor, to investigate, report upon, and recommend what I consider should be done in any case thus submitted to me. The Governor then acts or not, or when, as he pleases, upon such recommendation. To him alone I am responsible for the performance of my duties, and for what I may recommend. With regard to Mr. Hempelman's long ago established and just claim to a large proportion of Banks' Peninsula, you are equally misinformed. Mr. Godley was perfectly aware of the extent, nature, and importance of Mr. Hempelman's claim. I not only informed him personally that I had, in the usual manner, been instructed to investigate this claim, but he also knew, from public announcement, when the investigation was to take place, I conclude he was aware how useless it was to oppose Mr, Hempelman's claim, which could be so well, and even officially substantiated ; at all events, he made no attempt whatever to do so. Mr. Godley also knew well that, the lands which' he had conveyed to a few Canterbury colonists and others, situated within the block of land which Mr. Hernpelman in the years 1837 and 1839, purchased from the native chiefs and their tribes assembled, were not only subject to Mr. Hempelman's claim, but also to other claims or contracts to be fulfilled under the New Zealand Company's Land Claimants' Ordinance, which includes those upon the Nanto Bordelaise Company. This particularly involves the whole of the Town Lands of Akaroa, which Mr. Godley so recklessly conveyed to a few individuals, as rural lands, with the view of reducing the town of Akaroa to a mere hamlet. May I request you will ask those individuals if, when Mr. Godley acted thus, on his own or the Canterbury Association's responsibility, he did not warn them that these town lands, as well as most of the rural lands in Banks' peninsula, being subject to the claims and contracts alluded to, they could not, in selecting portions of them, do so, on their own responsibility, and at their own risk? At all events, in the year 1851, I begged of Mr. Godley to give them this Warning. I have merely touched on these matters, which, at present, is all that is necessary, in order to shew jou how little you can depend upon what you hear, and also to satisfy you with what reason, these selecters of land in Banks' Peninsula, have to complain of the position in which they have placed themselves. The correspondence between the Government, the Rev. Mr. Aylmer, and Mr. Godley, given in the Government Gazettes, sets the matter in a clear point of view as to the titles of these individuals to the lands they hold. Not one of them has received a crown grant.

I must now beg to acquaint you, in order that matters may be set at rest, and that you may not be farther misled by interested individuals and vague reports that, Mr. Hempehnati's claim was not only entertained by the Government of N.S. Wales, but also, after N. Zealand was rendered independent of it, it was again admitted as a claim to be entertained by the New Zealand Government, and to be investigated by commissioners under the local ordinances. Mr. Hempelman's claim, as appears by official documents, was not investigated by Commr. Godfrey. That gentleman never received instructions or authority to do so. I was the first Commissioner who was duly authorized to investigate and report upon Mr. Hempelnmn's claim. The result of what I sometime ago recommended as to it, as also the results as to a number of, and more recently investigated, claims, upon large portions of the most valuable lands in Banks' Peninsula (all before the receipt of our new Representative Constitutional Act in New Zealand) will soon be made known to the public in the Government Gazettes. But I should observe that, all these lands have, under the Canterbury Association's iirst Act of Parliament, Aug. 14, 1850; been saved from any proceedings whatever of that body or their Agents. After the publication of the Gazettes alluded to, the remainder of the lands included in Mr. Hempelman's block, as purchased by him from

the natives, would, with the exception of what may be reserved by me for government or public purposes, have come under the Canterbury Associations' regulations for the sale of lands: but, as you will have seen by the Duke of Newcastle's letter of the 2nd of March last, to Governor Sir George Grey, in which his Grace repeats the instructions of his predecessor in office, leaving it to the Governor himself to regulate the disposal of lands, until the General Assembly shall pass any enactments effecting it, all such lands, as well as those unsold at £3 an acre in the late Canterbury block, revert to the Crown, and come under the new General Land Regulations. But, now that all claims upon lands within the town of Akaroa will be satisfied, I intend, almost immediately, to recommend that I shall, under the General Land Regulations, be authorized to sell by public anction, quarter-acre allotments in various parts of it ; the proceeds of which will go into the General Land Fund of New Zealand. I hope you will not attribute it to want of courtesy, if I do not enter further or more minutely into such matters. But be assured it does not rest with me that proceedings were not long ago taken in the Supreme Court against Messrs. Fitzgerald, Cookson, and Cap. Simeon for most illegal and unwarrantable acts, as justices of the peace, in Banks' peninsula, and also against certain Canterbury colonists and others there, as forcible trespassers upon land the property of Her Majesty, her heirs and successors, or which, as being subject to the aforesaid claims or contracts to be fulfilled under the ordinances, are vested in the Crown. Any surveys already made of the land in question, or now making, are only in reference to, or for the purpose of carrying out what is given in the Gazettes. Consequently, distracting the Surveyors I may employ in them can be of no avail, as the survey can be made, if necessary, afterwards. I have to observe that, as to your submitting the case you allude to, " to the consideration of His Honor the Superintendant and the Provincial Council nowabout to be summoned," it is to me quite as incomprehensible as it is, under existing circumstances, impossible for me to see, under our new Constitution, what right the Superintendant, or the Provincial Council, of the Canterbury province, have to entertain or interfere with such matters. But with a view to the Governor being made aware of what may be attempted, I have transmitted your letter of the sth inst., along with one to me of the same date from Mr. Fitz Gerald, to he laid before His Excellency. I have the honor to be, Sir, Your very obedient Servant, (Signed) Jas. Campbell. Commissioner of Crown Lands, &c. Canterbury Province. Henry Sewell, Esq. Agent Canterbury Association.