THE NELSON EXAMINER. Nelson, June 10, 1843.

Nelson Examiner and New Zealand Chronicle, Volume II, Issue 66, 10 June 1843, Page 262

THE NELSON EXAMINER. Nelson, June 10, 1843.

Les joumaux deriennent plus necessairet a. meture qne lea hommes sent plus egattx, et 1> indiridualismt plus a craindre. Ca seratt diminuer leur importance que de croire qu* ila ne servent qu* a garaatir la liberty : ila maintiennent la ciTilisatioD. Ds Tocquxvilli. De la Democratic en Amerique, tome 4, p. 820. Journals become more necessary as men become more equal, and individualum more to be feared. It would be to underrate their importance to suppose that they serve only to secure liberty : they maintain civilisation. Dm TocaujtvtLLi. Of Democracy in America, vol . 4, p.m. There needs no apology for recurring to x the subject of the Land Claims. A matter of so much importance cannot be allowed to pass without discussion, nor was it ever our intention to allow it to do so on our part, but we had intended awaiting the arrival from England of answers to repre-' sentations and communications concerning the difficulties attending the present mode as regards the Company's settlements. T^he press, however, is not elsewhere silent on the subject, and, as we find that our view of the matter is vastly different from that of our contemporaries, it does not become i»s to refrain from expressing our opinion also on a matter certain materially to affect the interests of the colony, both at present and in future. As regards recompense to the natives, we have before said, and we see no reason to withdraw from the position, that the. only permanent and valuable consideration which, the Maories have or can receive for allowing us peaceably to cultivate the land is the Native Reserves. The utu, the presents, are all very well, if judiciously managed, to procure present consent, and to amuse with the idea of an equivalent ; but no reasonable man can suppose that these are the real consideration, if the professions of goodwill towards and endeavour after the improvement and advancement in civilization of the natives be not all a m«re pretence*. The reserve of land for their use, to which land is given value by the outlay of labour, ingenuity, and capital in its neighbourhood, by importation of tenants who will provide an income from it, if found advisable, together with the establishing and fostering institutions for the encouragement and increase of good habits, wholesome occupation, and intellectual and moral cultivation, — these are the real consideration, this the real uiu ; and though, as children are, they may be deprived of what is of greater value, and be amused with but a toy in lien of it, yet, if done with a view to their ultimate benefit, no reasonable man can blame it as injustice. The real friends of the natives are those who are most anxious for, and advocate the speediest means of, making them partakers in the benefits of civilization — not those who, with an affected earnest advocacy, a sham conscientiousness, and a puling sentimentalism as to their rights, accompanied with hints not too obscure of possible resistance and violence, stimulate such differences as are sure to arise between individuals of the civilized' and uncivilized races in the process of settling, until the ill-feeling thus fostered becomes likely to present a serious obstacle to the peaceful and beneficial colonization of the country. It is a question of lasting influences, this of utu, whichever way it be decided. Judging from the opinion reported to have been expressed by Mr. Spain, as to the amount to be paid by the New Zealand Company to the natives for some land to which their claim was in the Commissioner's Court successfully resisted, it would result, in an incredibly short space of time, that no land could possibly be purchased from the Maories, so as to leave any possibility of the purchaser, whether Government, the Company, or others, selling at such an advance as should leave anything over for payment of expenses of surveying or for immigration, much more for any payment towards the revenue of the colony. The Government have reserved to themselves the exclusive right of pre-emption, and a

valuable reservation it will be, as will appear when the Maories shall have been taught by their own want of judgment to ask a price for their land quite incommensurate with its real value as a rough material. It is useless to repeat again and again what every one knows as to the mode in which value is given to land ; and it is just as reasonable in the Maories, or their (socalled) friends, to ask a price for their land approximating to that asked by the holders of surveyed land, who are likewise importers of labour, as it would be for a wool-grower to ask as much for wool sufficient to make % pair of stockings as he had heard had been given for those articles in a retail shop. Throughout, the whole theory of utu giving is founded on mistaken grounds. All arguments, all reasoning as to rights and titles, claims and awards, founded upon this, must partake of the fallacy upon which they proceed. It is all very well for Government to take this ground as a means for reducing the extent of tracts claimed by individuals ; because the existence of such tracts in the hands of persons who had done nothing, who would do nothing, to improve it, but would only await the tedious increase of value to be given by the labours of others, would have been ruinous to the colony — a renewal of all the worst evils which have resulted from the same cause elsewhere ; and this means of doing it was as feasible and simple as any other, and as fair, if there 4>e any fairness in the matter either one way or the other : but when it comes to be a question of who has title to most land, what doubt can there be but that it is he who has cultivated — who procured labour and provided funds to" support it, with a view to further cultivation — and also, if there be prospective granting in the case, is making arrangements to insure the most extended cultivation? God ordered and made the law, before letters were invented whereby to write man's law, that man should work, and that the right of property be given by labour expended, whether it be upon land or anything else ; and all the chaffer about rights of the natives to land, which they have let lie idle and unused for so many centuries, cannot do away with the fact that, according to this, God's law, they have established their right to a very small portion of these islands. These God's laws will have their way in the end, in spite of human legislators, and take only the mode of their enforcement from the characters of those to whom it is allotted to carry them out. In old times, violent men (who recked little of blood spilling, whether their own or others') were the instruments of spreading that civilization of whish they were themselves so questionable a sample : they worked with red hands, but they did work, and the law had its course. The land did not belong to them by what men call the right of conquest, not because they had killed a certain number of other men, whose title according to this law was nought ; not for this, not for conquest of the men, but for conquest of the land : the men had to be conquered — either to be killed or put aside, or induced to join in the work of conquering the land. If, in those days, aboriginal inhabitants — little inclined to join in this sort of battle, unused to it and only understanding what the intruders also were not backward at, viz., a battle of quite another sort — would join in no sort of battle but this latter sort, what could result from it but the death of one or the other side 1 and it was according to God's law, and for good, too, that the intruders, brutal as they might be, should be conquerors, for they were (whatever else) at least workers, which the others were not. The thing is altered now : the advancement of the age, the higher feeling on all moral subjects, affected if not felt, points out no longer the same means to us of carrying out this law. Now, instead of fighting aboriginal inhabitants to let us work, and killing them for riot working and preventing us, we buy of them peaceable liberty to work, and, led by the

higher motives which actuate men, would conciliate and endeavour by all peaceable means to induce them to join us in working. We do not blow their brains out if they do not join us at once, but are willing to wait, reserving for them in the mean time the means of working when they also shall he led to see and understand the law which obliges to it. But this is not to be mingled up with the right and title which work done only can give. Liberty to work in peace has been bought with the bludgeon and the lead of the rifle : the right to the land was never purchased by other means than the work itself. Liberty to work in. peace is now bought with w/w, but the title to the land is still given by work. Until this law is acknowledged by the aborigines, there will be no end to utu, no peace, no end to ever new claims : in the mean time, until they can understand it, there must be restraint suited to the circumstances; the rifle is no longer called for ; but there are weapons in the hands of the law which may be made as effectual in restraining the unruly child until he shall arrive at the years of discretion.

We have received from Auckland the first five numbers of a new paper, entitled the Southern Cross, which was first introduced to the world on the 22d of April last. gives the editorship to Dr. Martin. It is a very respectable publication as far as type, &c, is concerned ; and, judging from the number of advertisements and the in"rfustry displayed in the editorial department by the large quantity of original matter, it appears to be likely to have a considerably longer lease of life than its predecessors* The Southern Cross is decidedly anti the present Colonial Government, and in favour of everybody and everything else affording scope for this anti demonstration. It, however, professes moderation in all matters, and seems to say* " We really would not be personal if we could help it, but, under such peculiarly trying circumstances, what can one do but be personal ?" A general tone of condolence and sympathy with the land claimants and their fire sbillings-an-acre dilemma — an intense, almost a suicidaf advocacy of the rights of the natives — hopefulness as to what may result from the arrival of the new representative of Royalty — these seem to be the characteristics of our new contemporary. It is to be supposed/ we shall differ with him now and then, but he is too far off to wage war with, and far too clearly possessed of " the pen of a ready writer " not to be acknowledged as the best ..of the Auckland journalists.

We have to acknowledge the receipt of a letter from Mr. Alfred Saunders, of this place, pointing out a mistake in the Examiner of May 27, in which the mill purchased hy Mr. Joseph was described as one of " Barker's," instead of which it appears to be one of " Whitelaw and Stirrat's." We are obliged for the correction.

The entertainment at Mr. Murray's Saloon had an additional attraction on Monday evening last, by the first appearance of a lady. If the merit of the whole performance may be judged by the applause bestowed on it by an overflowing audience, we would pronounce it to be first-rate. We suppose, however, that others, like ourselves, went with an intention of being i pleased, and found nothing to spoil so good a resolve. It is intended, we believe, to enlarge the building, and make some improvement in the arrangement of the seats, which will greatly add to the comfort of visitors. During the past week Captain Richards has availed himself of the natural slip on Fifeshire Island, to lay up the Victoria and examine and clean her bottom. It will be remembered that when the Governor visited Nelson, the brig was ran ashore in attempting to beat out of the harbour at midnight without a pilot, but the present examination has shown that she sustained no injury. A mail will be made up for England on Monday, to go by the Government brig to Auckland, where it is expected the Tortoise will be found ready to sail for England. We have received Wellington papers to the 6th of June. The only thing we have seen which we would wish to have extracted is a series of resolutions passed at a meeting of the inhabitants of New Plymouth. We shall give them next week.