LAND. The New-Zealander. SATURDAY, JULY 25, 1846.

New Zealander, Volume 2, Issue 60, 25 July 1846, Page 2

LAND.

The New-Zealander. SATURDAY, JULY 25, 1846.

Be just and fear not : Let all the ends thou aims't at, be thy Country's, Thy God's, and Truth's.

Principles upon which a system for regulating Purchases of Land from the Natives should be founded. "Land," says a native proverb, "is one of the exterminators of mankind ;" and every one conversant with the history of this country, will admit the truth of the sentiment which this pithy apothegm is intended to express. Disputes about Land have been most prolific sources of strife : tribes have been arrayed against each other in deadly hostility ; relatives have been divided and estranged from each other, by feelings of implacable animosity ; even brothers have imbrued their hands with the dark stains of fraternal blood, and all to maintain some dispute connected with the occupation or possession of Land. Indeed, almost all the wars that have desolated the Island, as well as the annoyances, troubles, and losses, experienced by our countrymen, in their intercourse with the natives, have owed their origin either directly, or indirectly, to misunderstandings arising out of some controverted point of pioprietary rights. Now, admitting the truth of the preceding remarks, and bearing in mind, that past experience has inconti-overtibly established the fact, that purchases of Land from the Natives, if properly and equitably effected, have rarely been made the subjects of dispute ; it follows, as a natural deduction, that the sooner the Natives can dispose of their surplus Lands, the better for the tranquillity of the country ; and that the wisest and most humane policy that can be pursued by the Local Government, is, to remove every obstacle, and rescind every unnecessary restriction, which impedes and fetters the sale of Land. With these preliminary observations, we proceed to state our views respecting the manner in which purchases of Land from the Natives should be regulated. We have no intention, however, of treating the subject retrospectively ; that is, of alluding to the policy

that ought to be adopted with reference to past purchases ; it will be time enough to speak of this, when it becomes evident that the Government is determined to depart from those principles of integrity and justice which ought to, and which we are willing to believe will influence its conduct towards existing claimants ; but taking the notification in the Gazette of the 16th June, as an indication of the intention of His Excellency to reorganize the system of purchasing Land from the Natives, we would endeavour to place before him some suggestions that may be of assistance in devising the formation of a suitable plan. The first, and most obvious principle to be regarded is, the impracticability of deriving a profit out of the sale of Lands. Unless the Government is prepared to divest itself of every appearance of competition with land speculators ; and, — by confining its interference to the higher and more disinterested functions of Government — to convince the Natives that it is influenced by no self-ag-grandizing motives, it cannot command their respect ; and any scheme which does not recognise this principle will most assuredly failAny attempt to impose a per centage on the price paid for Land, will be regarded by the Natives with feelings of distrust ; and will be productive of as much evil as the positive i interdiction of their right to sell. It may be said, if a revenue is not to be raised from the sale of Lands, how can that principle in the charter of the Colony be carried out which provides, that a portion of the funds arising out of the sale of Lands should be devoted to the purposes of emigration. We are not blind to the importance of encouraging emigration, and therefore have not overlooked the necessity of providing funds for this purpose. Hitherto the emigration fund has been a matter of moonshine, and such it must continue as long as the fallacious idea of deriving a profit from the sale of Land is entertained ; but we flatter ourselves that the plan we are about to suggest is far more likely to ensure the gradual accumulation of a revenue, which can be wholly devoted to emigration. There are two other important considerations, which ought to be borne in mind in concocting any plan for regulating purchases of Land from the Natives. One is, the duty of taking every possible precaution in order to lessen the danger of quarrels being fomented between Native proprietors, by purchases being made from the wrong parties . And the other is, the positive necessity of preventing the acquisition of large tracts of Land by persons who are influenced by no other motive than that of mere speculation, and who acknowledge no other object in effecting purchases, than that of allowing their estates to lie dormant and unproductive, until the capital expended by others upon the adjacent Lands, makes these useless properties valuable. With regard to the first mentioned point : we have heard it asserted by the opposers of the penny per acre system, that many more quarrels have arisen amongst the Natives since the removal of all restriction upon the sale of Lands, than have been known to originate from other sources during a number of years. But this is an assertion without proof. We know of no quarrel about Land in this neighbourhood, except that which is now agitating the whole of Waikato. This dispute has been most unjustly pointed at by some, as one of the results of Captain FitzRoy's proclamation : whereas, the truth is, that it had its origin in 1842, when several Chiefs contended for the right of disposing of a tract of Land called "Pukekohe," to the Government, Now, we think that both of the objects we have mentioned, may be secured by some such plan as the following. We do not profess to enter into all the minutiae of detail, but simply propound the principles upon which it should be based. Experience would, doubtless, indicate many improvements and modifications in perfecting the details of the plan. 1. Negotiations between Europeans and Natives for the sale of Land should be conducted only through the medium of properly qualified and authorised interpreters, who upon payment of a small fee, and giving satisfactory/I proof of their competency, might receive official testimonials or licenses, empowering them to act in this capacity. We have heard it said, that in several instances the Natives have been passively allowed to act in a dishonourable double-dealing manner by some of those who acted as the mediums of communication in effecting past purchases. This evil would be in a great measure avoided, by imposing a decree of responsibility upon the interpreters. 2. After an agreement had been concluded between the Native Chief, or Chiefs, and the European purchasers, a summary of their arrangement, setting forth ths respective names and residences of the parties, the situation, extent, and boundaries of the Land, the amount and nature of consideration to be given, should be inserted, in both languages, in the Government Gazette ; with a notification appended, that unless it could be shewn before the expiration of three months that there was good and sufficient reason to disallow the completion of the purchase, the same would be authorised, and the purchasers maintained in possession. 3. Intending purchasers should be required

to have the survey of the Land completed during the term of advertisement ; and should be called upon to complete the stipulated payments within one week after the expiration of this term ; which being done, they should immediately receive a deed of grant. Every one who has attentively considered the sleepless vigilance displayed by the Natives in watching every movement connected with their Lands, will easily divine the motive which induces us to lay a stress upon the survey being rendered obligatory. No defective arrangement could bear such a test as this. If any flaw existed, either in the agreement itself, or in the right of the party proposing to sell, the presence of the surveyor would bring it to light, if the three month's advertisement did not ; and thus the Government would be doubly secured against the danger and responsibility of issuing grants to parties whose negociations with the Natives had not been perfectly satisfactory. In fine, a provision of this kind would answer every purpose, and be even more effective than the institution of an expensive Land Commission. 4. Every acre of Land so granted, if allowed to remain unproductive ; i. c., destitute of crops, or unused for grazing purposes, or upon which neither capital nor labor had been expended, should be subject to an annual impost of — per acre, commencing at the expiration of one, or at the farthest two years from the date of the deed ; and the proceeds of this tax should be appropriated exclusively to the purposes of emigration. Two years exemption from the tax may, perhaps, be considered objectionable ; but it has occurred to us, that many industrious hardworking men, of limited resources, who are able by careful economy to gratify the laudable ambition of obtaining a small piece of ground of their own, are compelled to allow it to remain unproductive while they are obtaining by their industry in other pursuits, sufficient to enable them to commence operations on the Land they have acquired ; and it would be hard to cramp the energies of persons of this description. We must, for the present, defer any attempt to elucidate our views more fully. Many collateral points might be considered : such as the reservation of those localities which the Natives might prospectively require for themselves — the penalty of forfeiture to be inflicted for nonpayment of the tax — the appropriation of the proceeds of such forfeitures, &c. ; but these are matters of detail, and, therefore, passed over without comment, though not inadvertently forgotten in our cogitations. If consistent with propriety, we could support the plan we have recommended, by many sound arguments that are present to our own minds ; and could anticipate and confute a great number of the objections that will probably be urged against the system we have suggested ; but we must confine ourselves for the present, to the simple declaration of the fact, that the principles embodied in the propositions we have laid down as the basis of a scheme for regulating purchases of Land from the Natives, are those which mature reflection and considerable experience have influenced us to adopt : and although our suggestions may involve some difficulties, yet we, unhesitatingly assert our conviction, that they comprise, in substance, all that is absolutely necess.ary to the formation of a safe and practicable system. Before we take leave of the subject, however, we must say a word or two to those of our readers whose judgments are in danger of being warped by prejudice, or biased by mistaken notion's of self interest. Tax our Lands, we think "we hear such men exclaim ; a pretty sort of way to advocate our interests this ! Now, every reflecting man, will support us in the assertion, that the acquisition of large quantities of Land by persons of small means, or by those who have no intention of making those Lands conduce to the increase of the general wealth, is an evil of the greatest magnitude : it either confines the already circumscribed capital of purchasers of this description, within narrower limits, and thereby precludes them from engaging successfully in other pursuits; or, it fosters a spirit of wild speculation, by urging them to ! resort to all sorts of contrivances for forcing tlie sale of the Land which has absorbed the greater part of their resources: and either of these effects are detrimental to the progress of a healthy and legitimate prosperity. An indiscriminate tax upon Land would cramp the energies of the bond fide agriculturist, as well as> fetter the operations of the mere jobber; and, therefore, merits unqualified disapprobation : but a tax upon unproductive Lands only, while it secures the Colony from the inseparable evils connected with undue speculation, imposes in reality no burden upon the cultivator of the soil. And in conclusion we must be allowed one' word to the Local Authorities. Our counsels and cautions may ba disregarded : be it so. Nevertheless, our duty remains the same, and we shall not shrink from discharging it. Let our Rulers then remember, that one important object of all good government is, the preservation, by all practicable m^ans, of domestic peace. They have been told that the former policy of an unwise and interested interference with the Native's proprietary rights, was instrumental in precipitating us into the horrors of lebellion and war; and the truth of the allegation is undeniable. We, therefore,

charge them to abandon the dreamy notions of a golden harvest to be reaped from the sale of Lands : we call upon them to sacrifice every minor, paltry consideration, to the dictates of justice aud integrity, the preservation of peace, and the promotion uf the prosperity of the Colony. Until they do this, there can be no permanent encouragement to industry and frugality, no stimulus to enterprize and activity. If they neglect to do this, theworsli passions will be indulged, — the bitterest quarrels will be fomented, — the most intimate relationships will be dissolved, — the most useful arts will be suspended,— and the whole land, instead of teeming with a happy and contented population, will be converted into a camp of clamorous malecontents,

The Towhai Bark. —lt is too commonly the practice, especially in the Colonies, to puff the qualities of any new ingredient or production, used in the arts of manufacture, or connected with the interests of commerce, before the intrinsic excellence of the commodity itself is fairly tested. We cannot, however, fall into this error, in extolling the qualities of the Towhai bark ; its excellent properties have been proved in a .manner that leaves no room for doubt, by our industrious townsman, Mr. McVay. The specimens of sole leather: which he has produced, are even superior to much of of that which is imported from the neighbouring Colonies ; and could he but obtain a sufficient quantity of hides, the capital now expended in the importation of leather would be saved and devoted to other purposes affecting the interests of the Colony. The quality of the bark is not its only recommendation, for it is so abundant throughout the country, that it may be obtained in any quantity. And the time may not be far distant, when we shall be able instead of importing, to export leather. Mechanics' Institute*—-What are our friends the Auckland Mechanics about ? Is every other undertaking, whether public or private, to wear the cheerful aspect of life and activity, while this most useful institution is allowed to rtmain in a state of torpor \ Are the faculties of our clever artisans so completely engrossed by the bewitching cares of prosperity as to leave no room for the entrance of a single thought about the duty and the pleasure of intellectual recreations? Surely notl To be a really happy, we must be an intellectual people; and there are but few agencies when well conducted, more adapted to promote the social welfare, and elevate the mental character of the people, than Mechanics' Institutes. Let a portion of the energy which at present, characterizes the various ordinary pursuits of the people'of Auckland,'be infused into the spirits, and communicated to the official operations of the members of the Committee of this Society. We are certain that ! there are many amongst the higher and more influential classes of the community, who would cordially second the endeavours of the members of the Mechanics' Institute, if they would arouse themselves, and shake off the dull lethargic influence that holds thenl spelt-bound in a state of inactivity. Much will depend upon the choice of a Secretaiy. Doubtless there are many individuals possessed of the requisite qualifications, and animated by the zealous desire of conducing' to the amusement and instruction of the working classes, who would undertake the duties of the office; under whose* auspices the Society might emerge from its present state of death-like indifference into a vigorous efficiency t but they must be sought for; and when found, encouraged and supported by the united efforts of all the members.

Chancery Street.—We are glad to observe that the Mounted Police are, for the present at least, employed in a manner more useful than strutting about in the front of the Post Office. They have commenced improvements in Chancery -street, opposite to their barrack, and we of course conclude, that they will continue their operations through the whole length of the thoroughfare. The inhabitants of the neighbourhood have already memorialized the Governor upon the bad; state of Chancery-street, and we think that His Excellency has very wisely ,set the Policemen to work. Mr.' Bacon's large house, we understand, has been hired as a barrack for this new force —their present guard-room, or watch-house, or whatever they call it, being found incommodious.