THE NELSON EXAMINER. NELSON, JANUARY 18, 1845.

Nelson Examiner and New Zealand Chronicle, Volume III, Issue 150, 18 January 1845, Page 182

THE NELSON EXAMINER. NELSON, JANUARY 18, 1845.

Journals become more necessary as men become more equal, and individualism more to be feared. It would be tp underrate their importance to suppose that they serva only to secure liberty : they maintain civilization. DX TOCQUXVII.LB. Of Democracy in America, to". . 4, p. 209.

Captain Fitzßoy is " fulfilling his destiny" with a vengeance. The New Zealand Spectator, in a late number, after complaining of the reserve maintained by the Company's Agents with respect to their proceedings and those of the Company, and the withholding from the public of information in their possession, proceeds thus : —

" Strange proceedings have lately taken place at Taranaki ; but we are unable to obtain any accurate information respecting them. Rumour says that the Governor, after having amused himself for a fortnight in upsetting everything, finished by laying hold of all the Company's property — that, amongst other things, he has seized the boats, upon which the very existence of the settlement may be said to depend — that he has despatched the Brig to carry off the cranes to Auckland, for the purpose of having them erected on the wharf recently built there, and that it is not unlikely that the boats will be smuggled away at the first convenient opportunity. Rumour also says that, after having pledged his word to issue to the Company a Crown grant for Otago, which was purchased with his own express sanction and under the special superintendence of an agent appointed by him, his Excellency has lately — with an honesty, thank God, peculiar to himself—publicly proclaimed his intention to withhold the Crown grant until the Company have indemnified him for those expenses which he has so gratuitously incurred by his reversal of Mr. Spain's decision at Taranaki."

The want of communicativeness in the Agents of the Company, complained of above, has probably arisen from a proper desire on their part to avoid even the appearance (as well as the thing itself) of exciting or participating in any course of systematic opposition to Government, a line of conduct which would undoubtedly have been ' represented j^ere and considered by the Home Government as indicative of a spirit of faotious and determined hostility, and have tended to weaken materially the interest of the Company and their settlements alike with Parliament and the Colonial Office. But it is a question now if this reserve and delicacy should not be thrown vide. Captain Fitzßpy, with an unnatural perversion of feeling, or disregard of the first duties of his office, only to be accounted for on the supposition of actual mental derangement, having begun to act upon an apparent intention, which besides, from all *r? can learn, he has distinctly avowed, of ' raining and breaking up the most fiourishi ng settlements in these islands, settlements

whjch, .*■ .being the most populous and hitherto the most flourishing, n;e was more particularly sent out' to foster and protect, we cannot see that it is necessary to keep any terms with him or his Government, or that the Company's Agents should hesitate one moment longer in taking the most open and decisive steps for the protection, of the settlements now abandoned to their care alone. We believe, nay, we are certain our j destroying Protector will not succeed in his mad warfare against those whose guardian he is supposed to be ; but he may do, notwithstanding, inconceivable mischief. Let the Company's Agents, then, unite with the rest of the settlers in one unanimous and last appeal to the Home Government to relieve us of him, by recalling and replacing him ; or him of us, by remunerating us for our losses and carrying us home. ' Let us insist -upon their relieving us, not from what even the sarcastic vigour of Lord Brougham's eloquence would not adequately designate as " the merciless kindness of that protection under which we are groaning," but from the raging hostility of that I Guardian they pay to destroy us— from the ruinous anarchy laboriously organized by the Upholder of Law and Order they have sent to confound us. Hear how the New Zealand Spectator describes the " policy " Captain Fitzßoy is acting upon :—: — " The game that Captain Fitzßoy is phiying is briefly this? — Having adopted the principle (a principle, be it remembered, repugnant to all native custom) that slaves escaping from captivity are entitled to the land that they may at any time have occupied, aWhough the land lias been sold by their conquerors, and may be in the actual occupation of the settlers, he induces vagabond slaves from all parts of the country to resort to the different settlements ; — these immediately commence their outrages, and soon render the lives and property of the settlers utterly insecure ; — after succeeding, by these means, in making the place too hot to hold the settlers, his Excellency then steps in, and offers to remove them to Auckland." And we believe this is no exaggeration ; we believe no wrong is done our admirable and most original Governor in the intention thus attributed to him. We should surely learn distinctly from the British Parliament and British Government if they mean to protect us by depriving us of life and pro- j perty — to rule over by ruining us. The Colonial Minister reprimanded Governor Hobson promptly and decidedly for tempting away from Wellington to Auckland a few labourers at high wages to perform needful work. But, if this petty peddling in the underhand arts of crimping, this cautious dabbling with the dirty work of kidnapping, met with so strong a reproval, what will the Colonial Secretary say to Captain Fitz ßoy's wholesale removals of the Company's immigrants — his unscrupulous seizures of their own property — his bold and avowed attacks upon the very existence of their settlements 1 It is time to be up and doing ; and the least we can do is to elicit a clear acknowledgment from the British Government of its sanction of such a monstrous and unheard-of mode of protecting its distant and loyal subjects, or as clear and decisive a disavowal of it in the removal of its miscalled and maniacal representative.

The Southern Cross of December 7 has an article, such as might be expected from it, on the state of the colony. Of course it abuses the Auckland papers, the southern papers, the Cook's Straits settlers, the Company, and everything that is theirs. The New Zealand Spectator takes the unnecessary trouble of answering and refuting its statements, — of course satisfactorily, though more elaborately than they deserve. The writer of the article in question accuses his contemporaries of being " cowards in the field and unsound in their judgment.'* We suppose he alludes to the Wairau affair, with which, in the mental mist he struggles with, he imagines they had something to do. As nothing, however, can be further from the fact, he may perhaps intend those who were present at that disastrous conflict. If so, a writer absurd enough to attack the memories of the dead, and those men of characters so well known as to need no defence, can only be regarded, as Tilda

Squeers says, " with feelings of unliquidated pity." The charge of " unsoundness of judgment" is amusing, as equally applicable to all who deprecate the truckling of our Government to the. natives ; that is, to all but half-a-dozth Government hacks throughout' th.3 country ; and our readers will see the same opinions are well advocated by a writer in his own paper, whose letter, published there without comment, we have much pleasure in reprinting to-day. He says further we " have taken a vow never to be happy." We do not know whether or not mirth is to be counted a symptom of happiness ; but we most sincerely thank him for affording us plenty of the former, if not of the latter, by volunteering this exhibition of himself in the midst of the wretched results and gloomy prospects produced by the policy he advocates — the bankruptcy of Government and its subjugation to the Maories, so well described by Mr. Montefiore, — singing solitary Io Pceans of contentment and gratulation both on the prosperous state of external circumstances and his own sufferings for conscience' sake, in a style which strongly reminds us of another character of the same great humourist's quoted from above — of the respectable Mr. Samson Brass, after the successful introduction of the £5 note into Kit Nubbles's hat, when he declares " that the still small voice is a singing comic songs within me." We hope the result of .the inquiry of the Committee of the House of Commons may not change his note and make him sing to another tune.

We beg to call attention to an advertisement in our paper of to-day, convening a meeting of the settlers of Nelson for the purpose of electing a Representative in the Legislative Council. The election appears to be on the principle of universal suffrage, and every male settler of the age of 21 and upwards will, we presume, be entitled to vote.

That a real Representative Legislature is devoutly to be wished for, and cne the establishment of which we believe every inhabitant of this settlement would hail with unmixed satisfaction, we fully believe. But whether they will think it any advantage to enjoy the privilege of sending a member to Council for the mere purpose of being outbalanced on every question important to the settlement by the Government nominees (with collars on which the owner's name is legibly engraven), we much doubt. The expense also of such an honour is for the consideration of the party who may be encumbered with it ; but we suspect that a four or five months' residence at Auckland will have few attractions to those whose pursuits in the settlement require their personal care and superintendence.

By letters received from Wellington, we regret to hear that the Waikato natives, who recently arrived at Wauganui with hostile intentions, have been committing the most dreadful outrages. No lives appjar to have been lost ; but the white females were attacked and the last injury inflicted upon many of them, some even not arrived at the age of womanhood. After all this had been done, the Hazard, we are informed, left Wellington for Wanganui with Major Richmond on board, who, our informant says, appeared determined to drive back the Waikatos to their own district. But will the horrible crimes perpetrated be passed over by the Local Government, or allowed to be palliated by the surrender of ten muskets ? We sincerely hope to learn that the report is exaggerated, but, from the character of the gentleman on whose, authority it rests, our fears are of the strongest description.

Before going to press, we obtained a hasty glance of a copy of the Company's Fifteenth Report, in which the Report of the Committee of the House of Commons is given at length, but without the evidence, which of course is bulky. The latter report condemns in the strongest manner which Parliamentary propriety will allow the policy hitherto pursued by the Local and Home Governments with reference to the colony and the claims of the Company in it. We give below the resolutions appended to the report, from which some idea of its contents may be forrcjd. One of these, it will be observed, touches upon the Wairau affair in a manner so very opposite to the despatch of Lord Stanley, which we lately printed, as we suspect must be extremely humiliating to those who considered that despatch " an able, careful, and elaborate " document. The leading English papers concur in stating that the result of this inquiry must be to unseat James Stephens at the Colonial Office, to whose " able, careful, and elaborate " misgovernment this colony and many others are supposed to owe so much that they have suffered. We sincerely pray that

it may be so. We shall print the Report next week. Resolutions of the Committeb of thb House of Commons.

" Ist.— That the conduct of the New Zealand Company, in sending out settlers to New Zealand, not only without the sanction, but in direct defiance of the authority of the Crown, was highly irregular and improper. " 2d.— That the conclusion of the treaty of Waitangi by Captain Hobson, with certain natives of New Zealand, was a part of a series of injudicious proceedings, which had commenced several years previous to his assumption of the Local Government.

" 3d.— That the acknowledgment by the local authorities of a right of property on the part of the natives of New Zealand, in all wild lands in those islands, after the sovereignty had been assumed by her Majesty, was not essential to the true construction of the treaty of Waitangi, and was an error which has been productive of very injurious consequences.

" 4th. — That the New Zealand Company has a right to expect to be put in possession by the Government, with the least possible delay, of the number of acres awarded to it by Mr. Pennington ; that the Company has this right as against the estate of the Crown, without reference to the validity, or otherwise, of its supposed purchases from the natives, all claims derived from which have been surrendered.

" sth. — That the Company, in selecting the land to be granted by the Crown within the defined limits, cannot claim the grant of any land not vested in the Crown.

"6th. — That means ought to be forthwith adopted for establishing the exclusive title of the Crown to all land not actually occupied and enjoyed by natives or held under grants of the Crown ; such land to be considered as vested in the Crown for the purpose of being employed in the manner most conducive to the welfare of the inhabitants, whether natives or Europeans. " 7th. — That in order to prevent land from being held by parties not intending to make use of the same, a laud-tax, not exceeding twopence an acre, ought to be imposed ; that all parties claiming land should be required to put in their claims, and pay one year's tax in advance, within twelve months.

" Bth. — That such tax ought not to be considered as applying to the whole estate of the New Zealand Company, so long as they shall continue to sell not less than one twenty.fifth of the land granted to them, annually, and to expend a fixed proportion of the proceeds in emigration. " 9th. — That such tax ought also not to be considered as applying to lands now actually occupied and enjoyed by the natives, or to reserves set apart and held for their benefit.

" 10th. — That reserves ought to be made for the natives, interpersed with the lands assigned to settlers, with suitable provision for regulating their alienation and preserving the use of them for the natives as long as may be necessary; and that these reserves ought not to be included in calculating the amount of land due to that Company. "11th. — That as it appears by evidence, that the non- settlement of the land claims has been productive of great confusion and mischief in the colony, it is expedient to adopt measures for granting legal titles with the least possible delay to the actual occupants of land, unless under special circumstances of abuse.

" 12th. — That the prohibition to all private persons to purchase land from the natives ought to be strictly enforced, except that land which may have been purchased by natives they should be at liberty to sell again, provided the transaction be sanctioned by the protector. " 13th. — That it is highly important that the Governor should have more effectual means of enforcing obedience to his authority, and also greater facility for visiting frequently the different settlements j and that with this view it is expedient tbat an armed steamer, of moderate size, be placed at his disposal. " 14th.— That it is expedient that the settlers should be organized as a militia, under the orders and control of the Governor ; natives, under proper precautions, being allowed to serve in i(.

" 15 th. — That it is expedient that an attempt should also be made to raise and discipline a native force of a more permanent character, officered in general by Europeans, but in which any of the natives who may be found trustworthy may hold commands.

" 16th. — That the employment of natives in the civil service of the Government, in any situations in which they can be useful, is highly desirable. " 17th. — That efforts should be made gradually to wean the natives from their ancient customs, and to induce them to adopt those of civilized life, upon the principle recommended by Captain Grey, in his report on the mode of introducing civilization amongst the natives of Australia. " 18th. — That the principles in which the New Zealand Company have acted in making the re. serves for the natives, with a view to their ultimate as well as present welfare, and in making suitable provision for spiritual and educational purposes, are sound and judicious, tending to the benefit of all classes.

" 19th. — That the committee, upon a review of the documentary evidence relating to the loss of life at Wairau, without offering any opinion upon the law of the case, deem it an act of justice to the memory of those who fell there, to state, that it appears that the expedition in question was undertaken for a purpose believed by the parties to be lawful and deisrable, and which also example in analogous cases had unfortunately led them to expect might be effected without resistance from the natives. The committee cannot withhold the expression of their regret at the loss of life which occurred, especially the loss of Captain Arthur Wakefield, whose long and distinguished services in the British navy are recorded in the papers before the committee, and of Mr. Thompson, the stipendiary magistrate. Mr. Richardson (the Crown Prosecutor), Captain England, Mr. Cotterell, Mr. Patchett, and Mr. Howard."

The Sisters, which arrived this morning from Wellington, has brought the Caledonia*! mail. She left Plymouth on the 24th ol August, and reached Wellington oh the lltt instant. By the following extract, it appeari

that the Ministry have met with another defeat, in the reversal of the verdict against O'Connell by the House of Lords :— "On the 4th September, the House of Lords pronounced judgment in the case of the Queen v. O'Connell and others, when the decision of the Court below was reversed, and the result is that O'Connell and the parties tried and imprisoned with him are liberated."