THE NELSON EXAMINER. Nelson, September 14, 1844.

Nelson Examiner and New Zealand Chronicle, Volume III, Issue 132, 14 September 1844, Page 110

THE NELSON EXAMINER. Nelson, September 14, 1844.

Journal* become more neceumrjr aa men become more equal, and individualism more to be feared. It would be to underrate their importance to iuppoie that they wrve only to *ecure liberty i they maintain civilization. D* Tocqoxvillx. Of Democracy in America, vol . 4, p. 203.

The Raymond's mail has brought us the most interesting packet that perhaps ever arrived in the colony. It is the Twelfth Report of the New Zealand Company, with an Appendix, in all containing about 1300 octavo pages. Truly a vivid and impressive history of xnisgovernment and its consequences — of petty jealousies, blind partialities, false pride, needless suspicions, and mistaken philanthropy — producing naturally disorganization and confusion, distress and bloodshed! The oppressors' wrong, the law's delay, the insolence and the selfishness of office, are there seen with their fruits ! A Pandora's box of innumerable evils, but with Hope, nevertheless, at the bottom of all.

The history of the purchase of lands and systematic colonization of these islands by the Company — their energetic efforts to induce the Colonial Office to cooperate with them, or merely not to oppose them in carrying out their enlightened scheme — the frequent verbal concessions and amicable professions of the Colonial Office, followed invariably by actions proving its inveterate spirit of hostility and opposition — the proceedings pf the Local Government and its underlings in accordance with that spirit — the consequent opposition of the natives to the settlers, ending in the massacre at the Wairau — the false accounts and misrepresentations of that horrible affair concocted and sent home by the various agents of Government — the true accounts and the evidence they rest on — the demands of the settlers for protection and the enforcement of the law — the neglected state of the settlements and its consequence in the rioting and insubordination of labourers— the delay in settling land claims — the waste of funds necessitated thereby — all is recorded in detail, and by the actors them-selves,-And those most interested in every transaction, in their own words — in public and private correspondence—- in reports, memorials, protests, proclamations, and petitions. Nothing is concealed ; no conventional respects or official reserves are sufficient to cloak or disguise the actual facts, when all are thus brought together

and set side by side. The public are enabled to judge for themselves, and have only themselves to blame if they form an unjust or incorrect opinion.

To give a clear idea of the state of the case between the Company and Government is hardly possible with so short a time to examine the book alluded to. All we can make of it at present we will state as briefly as possible.

At the time of the suspension of proceedings the Company found itself situated thus. Its total receipts from capital paid up (£200,000), land sales (£284,584 10s.), passage money, &c, amounted to £563,924* Its expenditure in emigration, home and colonial and miscellaneous expenses, had been £521,408, leaving a balance of cash in hand and other sums not immediately available of £42,515. The dishonoured bills will amount to about £45,000.

On the other hand, they have of unsold lands, awarded and claimed for money spent, 956,493 acres, of which about 500,000 acres have been also awarded by Mr. Spain. The rest may be considered as already their property. These lands, valued at a maximum of 30s. and a minimum of ss. per acre, are considered worth £485,471.

But the Government having not yet given them an absolute grant of a single acre, the doubts of their ever acquiring a title raised thereby in the public mind, and the feelings produced by the intelligence of the Wairau massacre, had put an entire stoppage to the sale of land. Yet between the resumption of their proceedings after the formei suspension and the receipt of that intelligence they had sold £5,000 worth. Thinking themselves ill used by the Government, they determined to throw up their affairs and appeal to Parliament and the country as the only means to avoid absolute ruin. Nothing but the being put in immediate possession of the land they were fully and fairly entitled to, and proper protection for the inhabitants of their settlements, could restore public confidence and renew the sale of their lands. What else could they do ?

But what is their case ? Have they been ill used? In November, 1840, the Company entered into an agreement with Lord John Russell, by which it was determined that the Company should have as many acres of land as they had spent crowns in purchase or emigration and public objects. It was expressly stated that they should " forego and disclaim all title or pretence of title to any lands purchased or acquired by them in New Zealand other than the lands so granted or to be granted as aforesaid." It then became the duty, they maintain, of the Government to secure to them the land so bought at ss. an acre, in consideration of their giving up all claim to an exceedingly larger portion of land, which it might turn out they had fairly bought of the natives.

But the Government established a Court of Claims, in construction most anomalous, in working most tedious and impracticable, and insisted on the Company's proving, according to European rules, the claims which they had thus relinquished altogether, before it would grant them the land bought of itself at ss. an acre.

Years passed. These claims were still unsettled. So, at any sacrifice, to induce the Government to lay aside the opposition which was the real cause of all this delay and difficulty, the Company consented to buy £50,000' worth of land at Auckland, and colonize it. In return, Lord Stanley agreed that the Governor of New Zealand should be instructed to give at once to the Company the " whole title the Crown had power to grant " to the lands their agents had selected, and with his Council to " do his best to aid the agents of the Company " in making the necessary arrangements with the natives, by purchasing unimproved lands belonging to them, or giving " compensation according to their original value for lands occupied and unproved by settlers without sufficient titles." - : Now had this agreement been acted upon

cordially and in good faith, had the Government here used aH its influence with the protectors and natives 'to put the Company and settlers in immediate possession of their land, who can doubt that possession would long ere this have been obtained ?

But the mention of the mode of settling the question by purchase or compensation, and the allusion to sufficiency of title, however necessary, gave at once a pretext to any one acting on the agreement in a hostile aud unaccommodating spirit for letting in again the anomalous Court and all the delays arising from its cumbrous and inappropriate mode of proceedure. The old process was revived, or rather continued — all the hostile agencies of protectors and Company's opponents virtually approved and sanctioned.

The Governor, it seems, has acted in this spirit owing to instructions given to him by Lord Stanley, and not communicated to the Company till seven months afterwards, and which the Company contend rightly leave the question in fact on its old footing. Those instructions introduce the clause " on the condition that the validity of their purchase shall not be successfully impugned by other parties." It is as clear as day that the agreement with the Company was expressly made to get rid of all claims by giving exchanges or making compensation after the grant had been bestowed. ' But, by the instructions. Government was to receive the advantage of the Company's colonizing their settlement without fulfilling any ■of the conditions on which that advantage was obtained.

But though the Company's original claim by purchase certainly ought not to have been taken into account at all, now that it has been, we know those purchases have been proved, in spite of all difficulties, all efforts to the contrary, to be valid, and in almost all cases beyond natural expectation complete. Is the Government here even yet exercising its influence to aid the Company in settling these affairs ? Let the reversal of Mr. Spain's decision at Taranaki answer.

The Company have a good case and able* advocates. The House of Commons is the court— the People of England are the judges. Wherefore should they despair ?

We are extremely gratified to find Lord Stanley, in referring on the 4th April to the then supposed impossibility of communicating with Captain Fitzßoy before the intelligence of the crisis poducing the Company's stoppage arrives, writes thus in answer to a letter from the Company : —

" Lord Stanley can only hope that Captain Fitz Roy, with whom there is now no time to communicate before the crisis arises, will, on his own responsibility, take such steps as may be necessary, and within his power, for relieving the distress which will have been caused to the settlers.") .

There can be no doubt then either that Lord Stanley has given the needful instructions to Captain Fitzßoy directly, or that he must have alluded to the distress in such a manner in his despatches as to authorize Captain Fitzßoy to adopt any plans he may think best adapted to alleviate it. But we hope this probability will not induce any one to relax in his exertions to furnish or be less willing to adopt any means of maintenance which may notbe, like Government assistance, merely temporary, but tend to the permanent welfare of the settlement.