LAND SALES.

Nelson Examiner and New Zealand Chronicle, Volume III, Issue 141, 16 November 1844, Page 2

LAND SALES.

Since the above article was in type, in looking through the Auckland papers we have met with another proclamation on this subject, which it appears was published in the Government Gazette on the sth of October, only five days prior to that which we "printed in our last number. It recites the proclamation of the 26th of March last, and | declares " that the Crown's right of preemption will in no case be waived on behalf of her Majesty the Queen in favour of any person who may have purchased, or who shall hereafter purchase, land from the natives without complying strictly with the regulations set forth in the said recited proclamation." Further, The quantity of land to be conveyed to the purchaser by the Crown grant will in no case exceed the number of acres in respect of which the right of pre-emption was first requested to be waived, except upon payment of double fees for the. excess. The first fee of 4s. an acre must be paid within one month of the Governor's consent being obtained, or, in default of payment within that time, such consent will be cancelled." So that if his Excellency's proclamations are of any value, the sum that would purchase but a single acre on Saturday would buy 120 acres on the following Thursday! Pleasant news for landholders. The cause of this sudden

change in his Excellency's views regarding the value of property is at present a mystery, which the following extract from the Auckland Times may probably throw some light upon. It is dated the Bth of October, just midway between the proclamations alluded to : —

" It is difficult indeed to conceive what are the real intentions of the Government in respect of Land Sales. Perhaps there never was a more extraordinary transaction than the one we are about to relate.

" It has been, and it still is, asserted by the native chiefs that his Excellency the Governor has declared to them that they may sell their lands free of all restriction, and without the intervention of any tax, to any European who is willing to buy, at any price or for any consi*« deration whatever that may be agreed upon between the parties. Upon the faith of this representation Mr. Henderson bargains with a native chief for a district of land supposed to contain about twelve sections or square miles. For this he paid to them the schooner Lucidan, which, since the recent outlay, may be valued at about £350 ; and the vessel is delivered ; but, on the publication of Saturday's Gazette, it appears by the Governor's proclamation that Mr. Henderson has by this transaction incurred an obligation to the Government of no less a sum than about four thousand pounds ! — that is to say, before he can get a Crown grant for the land he must pay that sum into her Majesty's Treasury, after the rate of ten shillings per acre purchase, or the bargain or conveyance shall be held by authority of law to be ' utterly null and void' As soon as Mr. Henderson reads this document, he promptly demands his vessel back from the native chief, explaining to him the nature of the transaction. The native chief honestly and quickly gives back the property, but instantly makes an appeal to the Governor, demanding his right of sale. He sets forth how earnestly he covets possession of the vessel, without insisting upon an arrangement of the system of land sales for the futures and, receiving an assurance from his Excellency that the vessel shall be restored to his possession, he says 'Kapai te Kawanu' and is satisfied. But now comes the consideration, how is our countryman to re-echo the ' Tea pai ' ? The Governor tells him that his taking back his vessel is a felony* committed upon the Maori ! that, if it is not restored, her Majesty's Attorney-General shall put him into — Purgatory — or some other terrible abode; but finally compromises the matter by assuring Mr. Henderson he will forgive his atrocities, and pay him liberally, if he will indulge the earnest demand of the important and importunate chief! Mr. Henderson complies, in deference to her Majesty's Representative, and the vessel is returned to the Maori buyer, upon the faith of his Excellency's threats and promises. But, after it has been so returned, what is the fulfilment ? It amounts precisely to this — that Mr. Henderson may take possession with a Maorie title, nor confirmed by a grant at all ; but that for all the use of the land he shall not at present be disturbed, unless the original owners should find it convenient to do so, and then the Government (not waiving the right of pre-emption) of course will acknowledge no claim on their protection. Poor Mr. Henderson ! Why did he not stick to his vessel till he had black and white of some sort ?

" It cannot escape the inquisitiveness of a very child to ask ,' Where is all this to end ?' What a labyrinth of confusion we are in. If Mr. Henderson now wisely give up his bargain, and seek legal compensation for the loss of his vessel, the following questions will be very appropriate : — What is to become of the land Mr. Henderson bargained for ? Will the Government, solemnly pledged to deal in land no longer, become the possessor, or the Governor personally? If the latter, will he set the example of paying the forfeit he himself imposes i Will Captain Fitzßoy post the £4,000 for the benefit of the Treasury? Or will the Maori chief have the benefit of this sale and bargain, and be encouraged to make a new one to-mor-row, without parting with his land at all ? — and then, Is the colony or the Home Government to pay for the absurdity j * • • • " P.S.— A third consideration of this matter has been made, and assurances given that no wrong, but, on the contrary, great liberality, shall be the consequence, if the surrender of the vessel (in which the natives have been triumphantly sailing about the harbour all day, to the manifest risk of the Lucidan's keel) is silentlysubmitted to. But the public demand a settled principle ; it is not by privately hushing up a pnblic injury that general rules of coaduct can be established. Mr. Henderson has been, according to Captain Fitzßoy, in the course of one day, first a felon — then a compromiser of the law,— and, lastly, a person to be rewarded by the law's chief administrator? Was there ever anything so unhappy ? It will be ever the case while people (however well intentioned) act upon impulse instead of reflection." * This definition of Mr. Henderson's offence may avpear str-ange to English readers, but it must be recollected that his Excellency is only a sea lawyer, an authority, fortunately, of very little weight with the judges. .

We are glad to see that the preparation of flax for exportation is not likely to be lost sight of. Messrs. Smith and Stallard are giving their machines a fair trial by working steadily with them in a fine flax field at Waukapuaka ; and next week we hope to be able to give the result of their exertions. Two other machines, on a totally different principle, have also been constructed by two mechanics, named Hickton and Robinson. One is a small, portable article, very simple

i!n its construction, and intended principally for the£.use of children. It will enable a child e^fht or ten years old to dress as much flax air an adult could by scraping in the Maori fashion ; and, as it can be made for a very few shillings, will be attainable by every cottager. The other is composed of a number of rollers, through which the flax is drawn by the motion given them by a treadle, and the fibre is separated from the leaf by means of a piece of iron which presents an edge to one of the rollers. The - model of the latter machine is not qtrite perfect, but the constructors hope to have it completed by Thursday next, as they intend sending both machines to the Horticultural Exhibition Room.

We have more than once directed the attention of our merchants and labourers to birch staves for oil and other casks as an article of export, which is capable of being carried on to a considerable extent. It does appear strange that, with a probable market so near as the Australian colonies, io one has yet risked the few shillings necessary to give the thing a trial. It has aeen satisfactorily proved at Wellington that nvch. staves answers admirably for oil casks, so that no reasonable doubt can now be en:ertained of their value.

We saw a few days since a reclining chair made by a cabinet-maker, named Medliurst, for Commissioner Spain, which is a bighly creditable piece of workmanship. It is made of red pine — a wood admirably adapted for all sorts of furniture — and the seat -and back are stuffed with hair and covered with crimson silk damask. This handsome article of furniture is packed in a case, ready to be forwarded to Auckland by the first opportunity.