Suggestions for the consideration of Lord Stanley, submitted on behalf of the New Zealand Company.

Nelson Examiner and New Zealand Chronicle, Volume IV, 6 December 1845, Page 159

Suggestions for the consideration of Lord Stanley, submitted on behalf of the New Zealand Company.

The state of affairs in the colony of New Zealand is such as to require the adoption of very strenuous efforts for the purpose of saving the colony and all those who have embarked their fortunes in its colonisation. The petition of the merchants of London is an indication of the very general sense the public entertain of the value of New Zealand. Events, too, have occurred within the last three or four years that have enhanced that value. The opening of our trade with China, and the proceedings of France and the United States, have rendered it important to us to have such a station in the Pacific as New Zealand alone can supply. Public opinion would justify a bold course under the altered state of circumstances ; and it will hold

none guiltless who shall carry on a controversy about the past, instead of agreeing to prevent the ruin of such a Colony.

It is vain' to think of effecting that object by any half measures ; all that has happened proves that there is some fundamental error in the system which has been pursued : and no remedy that does not go deep enough to cure that is worth trying. It seems to ub that the two main evils in the system hitherto pursued towards New Zealand have been, first, the conflict between the missionary system and that of the New Zealand Company ; and, secondly, the erroneous constitution of the Company.

It is impossible to reconcile the missionary system with that of the Company. In every respect they go on opposite principles. The avowed object of the missionaries has been to prevent colonisation ; to preserve the nationality of the New Zealanders; to keep them apart from European contact; and to maintain their exclusive property in the whole soil of the islands. Our system, on the contrary, was to treat the soil as unappropriated wherever it wa« not in some way occupied ; to vindicate to the Crown the ownership of all the unoccupied expanse; to encourage the settlement of European colonists ; and to turn to account those peculiar facilities which the aboriginal race of New Zealanders seem to possess for intermixture and amalgamation with the European population. These two systems are essentially antagonist. You cannot attempt to act upon both without vacillation or inconsistency, or so as to give either a fair chance. Neither ever has had a fair trial; both deserve one; both might have it in New Zealand, did you confine each to its appropriate field. The conflict of these two systems has been aggravated in New Zealand by the vacillations in the. policy of Government under different Ministers. The treaty of Waitangi went on what we have called the missionary principle. Lord John Russell adopted what may be called the colonising principle in his agreement and other proceedings with the Company.

The second great fault in the system is the erroneous constitution of the Company. The Company, on its incorporation, acquired either too great or too little power. The Crown devolved on it the function of colonising New Zealand, that is, of filling it with inhabitants. Now this in a new colony is the main function of Government. Every thing else hinges on it. You must make every other consideration of policy (with reference, at least, to white people) subordinate to it; and you ought to delegate all the powers of Government to those to whom you turn over the business of colonisation. This our ancestors perceived when they gave those proprietary charters in which every English colony of the present United States had its origin. From the first, the London and Plymouth companies, Lord Baltimore, Lord Delaware, Perm, and the proprietors of Carolina and Georgia, had the whole power of the Crown delegated to them. It is but fair to add that it is the fault of the New Zealand Company itself that this system was not adopted in its own case. Lord Glenelg offered it a proprietary charter in 1838, which it rejected. It must be admitted, too, that the constitution of the New Zealand Company is not such as to fit it for proprietary privileges or the functions of Government. For these purposes it would have been necessary to constitute the Company on a much greater scale, with a far larger capital, far more numerous proprietary, and perhaps with some direct share given to the Government.

Let us see whether it is possible to suggest a plan which shall avoid these two great capital defects in the present system. It would not be wise to attempt any arrange* pent that would not substantially conciliate the interests and feelings of the principal parties concerned. Nor is it possible for the Crown to abandon its existing engagements, or take a course inconsistent with the leading principles of its past policy. The geographical circumstances of New Zealand present us with the means of satisfactorily reconciling the interests of the natives, the colonists, the missionaries, and the Company ; and of putting matters on an entirely new and sound footing, without compromising the honour of the Government.

The chief scene of the missionary labours has been the northern peninsula of the Northern Island. A great proportion of the native population is there— Auckland is there; with the tribes with which the Colonial Government has come in contact. The chiefs whose independence we acknowledged are entirely included in that district ; and there alone can the treaty of Waitangi have any legal force, because there alone can it be asserted that the title of the Crown was founded on cession thereby. On the other hand, this district, from the number of natives, the extensive appropriations made by missionaries, and the comparative scarcity of available land, does not present a very attractive field for colonisation. It contains, however, the positions most desirable for the purposes of a naval station commanding the Pacific. And it is not unimportant to remark, that it is the sole repository of that kauri timber which is so valuable to our navy. The Northern Peninsula should be made a separate Government. Whether it could be directly placed under the missionaries we cannot pretend to determine. But, at any rate, the religious socities should be assured that it should be kept strictly under their system ; that European colonisation should not be encouraged in it; and that the missionaries should be allowed to retain their influence over the natives, whose interests should be the main care of the Government.

The remainder of the Northern Island, and the whole of the Middle and Southern, should be formed into another Government, and be the

field of European colonisation. We should suggest the reverting to Lord Glenelg's proposal of 1838, and entrusting the government of this portion of the colony to a company incorporated with a proprietary charter. This company should be required to raise a subscribed capital of a- million ; and the present Company should be merged into it. That the capital could be easily raised we have not the slightest doubt ; nor that the first men, as well in the city as in the country at large, would always take a great pride in becoming its directors. The mother-country would be freed from all expense and responsibility for the new colony. The large capital of the Company would be a security against such results as unfortunately occurred in South Australia. Your lordship will be better able to judge of the effects and practicability of these principles from the following heads of a charter of Government to the new province, which we propose should be erected in New Zealand : — 1.-— New Province of Victoria. 1. A new province, under this designation, should be formed of the Middle and Southern Islands, together with that part of the Northern Island which would be included between the sea and a line drawn from Kidnappers' Head, in Hawke's Bay, on the east coast, running strait west till it meets the Rau Hine range, then along that range to the mountain of Rangitoto, and thence down the river of Mokau to the port of Mokau, on the west coast. The coloured map already sent to your lordship gives the territory so marked out. Your lordship will see that it is pretty nearly conterminous with the Company's original claim. We have calculated from Dr. Dieffenbach's book the number of natives that would be included in this territory, that appearing to be the work showing the most research on this subject. Dr. Dieffenbach gives an estimate of the population and position of the various tribes, from which we may group them in the following manner : — Native Population. North of Auckland 25,800 On the Waikato and its tributaries 24,000 Tribes on the East Coast, from the mouth of the Thames to Hawke's Bay 57,800 On Cook's Straits and in the Middle and Southern Islands 7.290 Total 114,890 The new province would comprise only those included in the last head. Mr. Jerningham Wakefield gives a somewhat higher estimate of this head ; he gives it at 8,000, without including those in the southern portion of the Middle Island and the Southern Island. Allowing 1,000 for these, it would not bring the whole native population of the new province to more than 9,000. This is less than that of the white people within the same limits.

2. The new province must bear its proportion of the present debt of New Zealand.

II. — Government of the new Province.

1 . All powers of government within this province should be conceded to a company, to be called the " Victoria Company," as by the charters of Pennsylvania and Maryland. This would include, of course, no power of making treaties.

2. The settlers, however, should of course be ensured the protection of representative institutions. For at least one year the Company might have the power of making laws and imposing taxes. After that they should, in the language of the old proprietary charters, have those powers with the consent of the freeholders of the province, or their representatives. During the first year the Company would have to determine the constitution of the representative body. 3. The laws of England should be in force until altered by such authority. The new laws must not be repugnant to the laws of England.

4. The Company should have power to make incorporations; and be required to incorporate into towns and counties all districts surveyed by it. 111. — Stipulations in behalf of the Natives. Small as the number of natives within the new province would be, it is most desirable that precautions should be taken to prevent their being in any way ill used. No Government can effectually accomplish this ; for unless you raise up the most constant feeling of kindliness towards them in the European population, it is impossible to prevent their being degraded and annihilated by their new neighbours. The best security for this good will, besides the natural good feelings of our countrymen, is to be found in their strong interest in getting the natives to become peaceable neighbours and fellow-labourers. But the following provisions would probably meet the views of those who would require more direct securities :— 1. The treaty of Waitangi should be declared to be in force throughout such parts of the new province as lie in the Northern Island.

2. To prevent, however, all fraud or delay in the settling the questions which arise under the second article of the treaty, we should suggest that the Company should forthwith pay over to her Majesty's Government the sum of £ , for the purchase of the territorial rights of the natives.

3. A commissioner should foe appointed to complete such purchase without delay; and at the end of three years those rights should be declared to be extinguished.

The commissioner should be a man of really high character and position, and should be paid a handsome salary. A man of sense, with a right will to effect this object, would have no difficulty in tdoing it within the time. And for that period the Company could carry on its settlements in the Middle Island, or on land which has been secured either by recent arrangements with Captain Fitz Roy, or by awards which might forthwith be ratified.

4. No land occupied by the natives at the time ' of the treaty of Waitangi should be included in ■uch purchase. In all surveys by the Company the native occupations should be set out. 5. The natives should be allowed to sell such occupations only to the Company ; and all lands 'not in *uch occupation, and not held under a grant from the Crown or the Company, should be regarded as vested in the Company until alienated by it ' 6. In all surveys by the Company, one-eleventh to be set apart for native reserves.

7. A "protector of natives might be appointed by her Majeitj, with power to act for them in civil or

criminal proceedings, and to be heard in their behalf by the Legislature. He should report to the Secretary of State, transmitting his reports through such officer in New Zealaud as the Company should direct, in order to give that officer an opportunity of seeing his statements.

8. The natives should have all the rights, privileges, and franchises of British subjects. 9. All the expenses of carrying out this arrangement should be borne by the Company.

IV. — Constitution of the Company.

1. A new Company should be formed, with the usual clauses regulating its internal government, naming the first directors, &c.

2. The capital should be raised to £1,000,000; not that we think so large an amount would ever be required, but that we wish to give her Majesty's Government an effectual security against the Company becoming bankrupt and throwing its liabilities on the mother country. But only half this amount, including the £200,000 already paid up, should be required to be paid up by the date of the charter; as it is desirable not to have a dividend payable on more than is absolutely wanted.

3. The stock, property, liabilities, and shareholders of the present Company should merge in the new one.

4. Mr. Buller has proposed that the Company's dividend should be limited, like that of the East India Company, to ten per cent. This seems to us unobjectionable, provided that the ten per cent, can extend over an average of years. But any surplus should be invested in a sinking-fund, to replace the capital stock.

5. The Company should be prohibited trading or banking; but might have such powers of lending money, &c, as the present Company has.

V. — Lands and Emigration.

1. Mr. Buller has proposed that no land should be allowed to be sold by the Company for less than 20s. the acre. Adopting the following conditions, we think that the limit must be 255.

2. It should be stipulated that loj. of the price per acre should always be applied to emigration. 3. One-tenth of the price should always be applied to religious endowments and education.

4. The Company's emigration should be under the superintendence of the Land and Emigration Commissioners.

5. To guard against the possibility of rash or delusive paper sales, it would be necessary to insert a provision that henceforth, except as regards the amount awarded to the Company by Mr. Pennington, no land should be sold by the Company until actually surveyed. We make the exception only to meet present engagements.

VI. — Military Defence.

Our opinion is that very little cost for military protection would be needed. The Company's Government must protect itself against the natives by conciliation, and the voluntary efforts of the settlers. A militia force would be amply sufficient to repress any internal disorder. The wilder spirits of the natives might be tamed by incorporation into this force ; and we see no necessity for troubling the Admiralty for a war-steamer.

We should therefore propose— -

1. That the Company should have power to raise troops and militia, and equip vessels, as in the old charters.

2. That if the Company required the presence of any regular troops, it should defray their who'e pay and expenses while stationed in the colony or employed in its defence. Of course this stipulation would not apply when Great Britain shall be at war with any foreign power.

VII. — Checks on the Company.

We are bound to devise the most effectual checks on the powers thus to be vested in the Company. 1. The first would be the most entire publicity for all its proceedings. All its proceedings, and all letters received or written by it, should be minuted, and on demand laid before the Secretary of State : and yearly reports of the proceedings of the Company, setting forth all accounts, instruments, rules and regulations, orders, laws and ordinances, appointments of officers, and delegations of powers, should be laid before Parliament within a fortnight of its meeting.

2. But the most effectual check possible would be that, in case of misconduct on the part of the Company, the charter might at any time be revoked by her Majesty, on the address of both houses of Parliament. We would make the power even more effectual, by saying that the charter might not only be revoked, but at any time altered in such way. These provisions would so effectually bring the Company under the control of public opinion, that we might dispense with those minute restrictions with which the continental Governments are in the habit of nullifying their own delegations of power. It has been the practice of the English Government, when it delegated great powers, as in the case of the East India and Hudson Bay Companies, to do" so completely. So we should say, delegate to this Company entire responsibility as well as power in all the details of its government, reserving to the supreme authority the right and power of at any time interfering to abolish or modify the delegated authority, whenever the results shall show abuse.

It would be necessary, however, to insert full provisions, to which we see that Mr. Bulltr has not adverted, for securing the Company's pecuniary interests in case of a revocation or alteration of their charter. New Zealand House, sth May, 1845.