Original Correspondence.

New Zealander, Volume 3, Issue 131, 1 September 1847, Page 2

Original Correspondence.

To the Editor of the New Zealander. Sir — In youv contemporary the Cross of Saturday last, appears a furious leading aiticlc embalming a despatch fiom the Governor of this colony to Earl Grey, on the subject of the land claims. This copy of the despatch as it was according to the Editor " never intended to meet the public eye" he regards with fondness as a piece of peculiarly rare and exclusive intelligence, he reads it up and reads it down, turns it, looks through it, and then takes his microscope, and examining it by the light of prejudice and passion, he affrights his readers with an account of the horrors, which he discovers therein. On the 25th June 1846, Capt. Grey writes to his official superior stating that there are 40 or 50 individuals claiming large tracts of land, whose claims he believes from the best information ho possesses, unjust, as regards the natives, and whose possession of those large tracts, without the^ower or the disposition to use themjlie believes to be prejudicial to the general interests of the colony and to the European settlers ; and referring to the reasons given for these conclusions in his public despatches, he states his conviction that it will be impossible to place these claimants, and to maintain them in peaceable possession of these lauds without the employment of force, and asks whether the peace of the whole community is to be disturbed, whether blood is to be poured out like watrr, and treasure wasted for the purposes of these claimants, and if the troops of Her Majesty are to be employed in a service full of danger, fatigue, and privation, where neither honor nor pront is to be obtained against an enemy that many encounters have taught them to respect, and in a cause which they must see and feel to be an unjust one. After carefully skimming the froth from the long tirade which this despatch has called forth, I discover three tangible charges founded upon it — first that Capt. Grey has led Earl Grey to suppose that British blood and money have been expended in putting the colonists of the Northern district in possession of their lands ; secondly, that he has proceeded in this matter, secretly giving the claimants whom the editor confounds with the community , a " stab in the dark," and thirdly that he has neglected to take that opportunity of blowing up the New Zealand .Company, "Jfor whichjhe would have deserved the thanks of every real friend of New Zealand and of the New Zealanders." His Excellency says— "there are 40 or 50 claims which for reasons before stdted in my public despatches I think not just claims— am Ito use force, should it be necessary to enforce these ciaims ? There is no assertion of any kind. He simply declares his opinion founded on reasons already stated that the claims are unjust, and regarding the contingency at some future time of being called upon to maintain these men in possession, he asks the advice of Her Majesty's government thereupon, and warns the Minister of the probable results of future military operations— if they shall be undertaken, by pointing to the difficulties and calamities of the past. No disinterested person would ever 1 think give a different reading to this despatch. If his ' Excellency had said that large claims in the Northern j part of the island were amongst the causes of the late war, he might have quoted in support of his assertion the declaration of our "Northern Hero" Thomas Waka, who, 1 believe,|publicly declared that to be the convic- [ tion of his "loyal heart." Now as to the charge of secrecy of stabbing in the dark, it has been pretty well known what the Governor's opinions on these claims have been. He has affected no concealment, upon every occasion he has denounced tjiem, in his public despatches, in his conversations with individuals, in his seat in council ; on referring to your report of the proceeding in Council, on 11th November last year, upon consideration of the Land Claims Bill, I find these observations of his Excellency " This system he conceived would restrict large claims, which he wished to discourage, as he would not run the risk of graining titles to extensive tracts of lend that might never have been purchased from the native owners ; and he never would consent to call upon British troops to spill their blood in defence of claims that he believed were unjustly obtained." And again, " He offered to give them compensation for the expenses they had incurred, but he would not undertake to put people in possession of lands, while he considered lhat by so doiug he might involve Great Britain in a sanguinary and expensive contest with the natives of this country. He had said before and he now repeated that he believed these claims to be illegal, and that they would be disallowed by Her Majesiy, and therefore he did not wish to incur the certain expenditure of British blood and money in the support of claims that he believed to be unjust." His Exec.lle.icy has permitted the New Zealaud Company to escape without [a few compliments, and I am quite d'accord with the editor in reprobating his negleot. I abandon the Company to the tender mercies of the " Cross," It is quite the fashion in speaking of those claims,

to talk of the " Community" at being interested in them. Now I deny that the penny an acre, and the ten shilling an acre, and the {claimants in excess of 2560 acres, constitute this community. The greater part of this community stood aloof from the whole business — the penny and ten shilling purchasers, taking no part in the manoeuvres by which Captain Fiteroy was induced to sanction their transactions. The grants in excess of the 2560 acres, were the results of his personal and religious partialities, and were made on his own responsibility, in violation of all existing laws, in opposition and in defiance of the reports of the commissioners appointed to enquire into them. This community knows well that the lands now in question, the penny and ten shilling purchases, are the most valuable land in this colony— that these acres, on an average, are now worth, anil would produce to government £5 or £6 each. The community feels that the price of these acres is lost to it— that there are no funds resulting from them for the purposes of emigration — no money for road-making or improvements ; that these lands are nowHhe property of individuals who have not the means or the purpose of bringing them into use— that they are very much in the same condition as the lands of the abseniess, which have been the grievance of the southern settle - merits held merely on speculation— a bar to realcoloiiization and improvement: and it is an unfair assumption that this commnnity is involved with, or represented by, these forty or fifty claimants. I, Mr. Editor, am myself firmly persuaded that final and complete possession of these immense tracts, will never be had without violence and bloodshed. This may not occur to day nor to morrow, nor in a year hence — but whenever the attempt is made to take practical possession, to sit down upon and occupy these lands, then the mischief will begin. Take an illustration :— A grant of 10.C0O or 12,000 acres of land upon the Thames, has been made to a gentleman, who is no longer resident amongst us ; attempts have been made, 1 believe, to dispose of this large property at home : suppose it sold — conveyam c given— title, a grant from the crown j^all apparently correct. The purchaser comes out, goes to Uke possession of 10,000 or 1 2,000 acres, and is immediately driven oil; perhaps with violence, by the natives, who declare that they never sold so much land. He comes to Auckland and says here is my title, I require to be put in possession of my property. What then ?— shall we go to war with the owners of this land— shall the community be embroiled — the peace of the whole colony disturbed — blood be shed, in such a cause as this ? — 1 trow not— l hope not. Captain Grey foresees the difficulties and dangers that must ensue, and warns, as he is btund to do, his superiors of the consequences, and for this he incurs the fiery indignation of the " Cross." I had fondly hoped, Mr. Editor, that free trade and its absurdities were smothered — buried in the ruins which it has already caused in this unhappy colony. But this spectre of unrestricted dealing in land, it appears, is still permitted to visit and affright us from time to time. His Excellency, however, knows the spell, and will not fail, I hope, to exorcise this evil spirit. I am, Sir, yours &c, X.

To the Editor of the New Zealander. "In malice be ye children, in understanding be ye men," Sir, — 1 feel desirous to make some observations on the subject of a despatch that has lately been published here, and which, 1 am sorry to say, has been put forth to the public accompanied by a comment, of a very dangerous character j and I cannot, in justice to my own feelings remain silent,whiiesu\:h an amount of calumny is propagated among people whose recent wounds are still unclosed and tender, and who, in consequence of this untimely ciuel probing, may bring upon themselves unhappy results by rancorous irritation. Upon hearing of this despatch qu Saturday last, 1 procured a sight of it, and perused its contents before 1 read the tortuous comment which introduced it. The sentimeuts expressed in that despatch, save only those relating to the Church Mission, were not new to me, for Captain Grey had over and over again avowed the same views openly before his council in 1846, as will be found in the lepotts of the proceedings of council on the Native Land purchase and Land Claims bills, published in your paper at that time. He then " supported his views in a fair and candid manner," when the subject was legitimately before him, and he has said no mote in this despatch than what he then expressed. But tins document itself must be referred to in order to refute the malicious and hence contemptible construction put upon it. In the first paragraph the Governor adverts to persons who had received grants to quantities of ltnd exceeding the amount fixed by the Lund Claims Ordinance, viz., 2560 acres, and also to those individuals who claimed under the penny an -acre proclamation, and states in it for reasons which he had already given, he considered these were not based on justice to either the aborigines or the large majority of British settlers in this country—assuring Her Majesty's Government that such persons could not be put in possession of the extensive tracts of land which they claimed without a large expenditure of British blood and money. Now, there is not one single asseition here that he has not made openly in the colony, as well in the face of his present, as in his former, council, and also, in answer to memorials and deputations. , He then calls on Her Majesty's government to decide upon two subjects : " Whether under all | the cii cumstances ol the case they think it consistent with the national honor, that British mi litary and naval forces, should be employed putting these individuals in possession of the lands they claim ; and, secondly, if it is determined to adopt this course, how Her Majesty* Ibices are to be reconciled to such a service. It is one (that is, warfare with the natives) attended with the greatest dangers, hardships, and privation* ■ (as he, the Governor, knew from personal experience)—it offers fen prospects of honor or reward, as from the desultory mode of warfare adopted by the natives, no decisive victory can be gained — the soldiers do not h'ght to acquire farms for themselves and families, which might support them in their old agej in fact, there is nothing to attach them to such a service } and British officers and men very unwillingly rind themselves compelled, under such dishearteningcircumstances, to undergo such fatigues to put those, whom they would regard as mere speculator! in possession of lands wrested from a race who have many military quahtjqs winch excite a soldier's esteem,"

" It is my duty to warn Her^Majesty's Government, if British troops are long exposed to the almost unexampled fatigues and privations of a service which has already entailed so large a loss of life onoursmall force, disastrous consequences must be anticipated." And what is hete to lay hold of. The colonists well know, and the home government knowto their cost, that their troops had been engaged in warfare with the natives of this country. The number of recruits that were required to fill up the ranks of the fallen, would prove this most satisfactorily. The Governor merely calls this fact to their recollection, and then warns the government from again engaging their men ia such a hazardous service, by renewing hostilities with the natives, which, in bis opinion, would be the result of attempting to put the claim* ants indiscriminately in possession of their lands. 1 do not argue that his inferences were correct, but 1 am sure, thai in penning this despatch, he expressed his convictions, and by no means intended to " secretly stab" the colonists " from behind " His duty to his Royal Mistress required him to keep nothing relative to the colony hid from her knowledge, and as such were his views of the land question, he was perfectly justifiable in warning Her Maj sty of the probable impending danger. Thete is notliing whatever said calculated to mislead the minds of Her Majesty's government as to the cause of the war at the north, or to trace its origin to the land claims; for the government at home were long enough ago well informed, by his predecessor's, as well as by bis own previous despatches, upon that subject. He simply informs them of the nature of the service in which the troops would be, engaged, in case the Government determined to attempt to put the claimants in poksession. With regard to lhai portion of his despatch relating to grants exceeding 25U0 acres, very little need be said. The law of the colony had fixed the quantity that was to be granted to any claimant; but Capt. Grey, when desired to report on these grants, found the law had been enormously exceeded, and that instead of 2560 acres being the extent of any one grant, in, some cases the amount was more thau doubled. His reports have no doubt been faithfully given, and his recommendations upon them, whatever they may have been, will as doubtlessly be acted upon— and, consequently, he will have yet to bear much of the violent opposition which he anticipated. But the colonists ought carefully to examine this subject for themselves, before they should condemn Capt. Grey, upon the mere special pleading of disappointed and revengeful men* He was not long m the country before he responded to the wishes of the colonists, and "paid off" a most unpopular department, that was considered by the former adntinistratitfn,' to be the very pillars of the State. Captain Grey, however, rid himself of them ; but in so doing* he broke up and exposed himself to a nest of hornets, who would now sting him to the core* And )et, among this precious batch, there are some to be found, who still long for the dignity and emoluments of office,, and would be quite reconciled to serve under the man who- they pretend to abhor, were he only to agree, to their moderate demands. The well-meaning and impartial colonists, however they may differ from the 1 Governor upon several questions peculiar to this colony, cannot but observe the change for the better that has taken place under his administration. He has enjoyed the confidence of two governments, and they have manifested, by their liberal grams, a proper desire to place at Iris disposal, means whereby he may assist the colon) in its infant struggles. •X His grand aim, since he has come to the colony, has evidently been, to remove all impediments to ,a stream of emigration. He could see the difficulty of advising the Home Government to encourage emigration to the<e islands, whilst the lands were chiefly possessed by men, who were only awaiting that event, to enrich themselves, and impoverish the new comers. He would have bit his mark more surely, and saved, himself .much abuse, had he recommended that every acre claimed and proved, should have been granted, and then a tax put upon unoccupied and uncultivated land j the large blocks would thus soon have dwindled down into small and convenient farms, sufficient for the want of a bonafi'le, and hence, industrious race of settlers. —1 am, Sir, yours, &c. A COLONIST.

To the Editor of the Neto Zealander. Sir. — Among the different opinions put forth in relation to the Governor's Currency Bill, I do not perceive any very distinct or defiuite conclusion has been arrived at— most people seeming to rest satisfied with considering the measure chiefly as it might be calculated to advance or retard their own immediate interests, and consequently losing sight of the material issue,! which appears to me to be simply how far it would, affect, the welfare of the community at large.— This latter view I consider the only rational and proper one, and taking it in this view, I think the bill as it stands neither so faulty as to merit rejection, nor yet so perfect as not to be open to any considerable amend* ment. That the institution of a safe Bank of issue and deposit is extremely desirable, no one denies. The fact is undisputed, and indeed indisputable. This granted then, the consideration comes, into whose hands such anjinstitution can be most safely entrusted ? And now I think the Government may fairly claim the decided superiority over (any individual or set or partnership of individuals. A Government issuing its own notes pay-, able on demand in British coin, and in exohange. for British Coin, and taking back those notes again upon demand, and paying their full value likewise in British coin would be fulfilling all the purposes of a bank of issue; and receiving deposits, of such notes or of coin, or notes and coin, and paying those out whenever and in the proportions required, in notes or coin, at the option of the depositor, all the purposes of a bank of deposit, with ease, safety, and economy, as the whole business would be simple and straightforward : the notes in circulation, and the amount to the credit of depositors would always bear an exact ratio to.the coin in the bank coffers ; and there need be«o apprehension of over issi.w nor of deficient funds, under a due system of publicity and proper surveillance ; of course such an institution could not be carried on without expense, but this I think n might be nrade to defray of itself, either by a email interest on deposits, or, «s it would exist fat for

the benefit of the public, by a charge upon the general revenue, upon the same principle on which the civil departments of the government are maintained. So far, or from both sources the business of a Government Bank, strictly of issue and deposit, might I consider be made productive of great public benefit, and so far as the currency Bill aims at those specific objects solely, it appears to me deserving of general approval and support— but it goes much farther — it aims at monopolising the whole money trade of the colony by prohibiting the establishment of any new bank, and providing for the gradual extinction of the branch of the Union Bank of Australia, carrying on business at ■Wellington, and this sweeping destroying monopoly, I think the colony should set its face against. It may be very well to take measures against any possible embarrassment arising from private notes clashing with Government Paper. It may be politic even to prohibit the issue of notes payable on demand under £5, by any bank yet to be established— and progressively to subject the private bank at Wellington to the like restriction — but any attempt by the government to turn monopoly—traders in money, or other commodities, is I consider to be deeply deprecated, as unbecoming in itself, and most pernicious, as it would affect society at large. In fact a usurpation upon private rights which would infallibly result in positive injustice and as positive loss. The whole duty of the government should, I take it, be limited solely to providing the public with a safe and simple paper currency convertible at all times on demand into a stated equivalent value in gold and silver ; and a 'banking house where people might safely deposit or draw out their money at will, and no more. As for investing at interest, or dealing in discount, I think the Government should not only have nothing whatever to do with either, but that their having to do so, would be to society, positively injurious, to the government neither a credit nor a gain. Let people invest their own money as they please. They are likely to be better judges of what profit lo make of it than any Go vernment could or can be for them. As the French Merchants once said to prime minister Colbert as the best advice they could give him under similar circumstances — "laissernouijaire"— so I consider depositors under the kind project of the local government to do their business for them might with reason as their best suggestion exclaim— "let us alone." By the Government confining their attention strictly to an issue and deposit business, things would go on smoothly. The quantity of paper in ciiculation would always be adapt' ing itself to the wants of the community— neither in diminution at one time, nor in excess at anothci— ■ and people having money at command could deposit it or not, and draw it out or put it in just as each individual might think fit the expense of maintainence being defrayed between depositors and the general Revenue. The only restraint that 1 think the Government should seek to impose on private enterprise in banking would be as already stated, to prohibit the future issuing of notes payable on demand under £5, thus leaving the field 1 still open to the Union Bank of Ausiralia, or any other principal bank, to establish a branch for the purposes of discount here, as well as of facilitating remittances between Sydney and our ports. I remain, Sir, your's &c, A Colonist. Auckland, August 20, 1847.

To the Editor of the New Zealander, The Attorney-General having given notice yesterday in Council, of his intention to move the second reading of the Marriage Bill, on Thursday, I take % the previous opportunity of pointing out several obnoxious clauses in the present draft of that measure, on which it would be well for the Council to pause before they pass. Against the object of the bill I have nothing particular to say. It no doubt is necessary to regulate the law of maniage iv the colony as affecting the future, and to quiet all doubts as to the past. The question generally we think will arise, whether the Ordinance under consideration does not go to enaej too much-— whether it is not calculated to increase the Governor's power beyond what it may be prudent or desirable to throw into the hands of every Governor — whether the penalties proposed for every infraction of it are not too multiplied, and in certain respects, too severe. However, with these debateable points, I will not, at present, deal — but come roundly at once to tho ; e of the objectionableness, of whijh, ihere can scarcely be a doubt. The clauses that appear • most obnoxious in this measure, are those which go to define who are to be taken as officiating ministers within the meaning of the bill, and tl>e previous process that is to constitute them such. Readers will best comprehend their meaning by turning to the clauses themselves, and with that view I will quote the two principal, as on them hinge the clauses immediately following. Clause 42, enacts that " In the construction of this Ordinance, the words ' officiating minister,' shall be taken to mean a clergyman in Holy orders of the United Churches of Englaud and Ireland, or any Minister of Religion who shall be entered in manner herein' after provided as an officiating Minister within the meaning of this Ordinance." According to this clause, then, a Church ol England clergyman may so'emn ; ze matrimony simply because of his position as a Churchman, but a Presbyterian, or a Dissenting minister, or a Roman Catholic clergyman, may not under^any circumstances, because of his. Now, why should this be? Why should the Law blow hot and cold words in this way, at one time ? Why make fish'of one and flesh of another in this kind of way ? Why treat the Church of England as if it were the sole established Church of the land, and all other denominations as innovators, and unworthy of trust. Jt'is contraiy to good faith, tlie faith on v which so many worthy ministers of religion (not of the Church of Jing'and) have come into this land. It is contrary to existing practice. It is repugnant to every principle ol Church CoJoaialTUle. • Clause 43. "Any Minister of Religion who shall have been for a period of twelve calendar

months in charge of a Christiau congregation, consisting of. at least, (40) householders, resi • dent in the colony, may apply 10 the Regis-trar-General, and on production of certificates, signed in duplicate by such (40) householders, at least, stating that the applicant has been for such period of twelve months a Minister of Iteligion in charge of such congregation, of which they are the members, the said Regis-trar-General shall enter such applicant as an officiating Minister within the meaning of this Ordinance, in a book to be kept for that purpose, and shall file and preserve one of such certificates amongst the records of his office, and shall give public notice thereof in the Government Gazette" No one who reads this clause impartially, can say that this is the fair way to treat the dissenting Clergy. There are many of those now in this colony — who long have been so — and who have continued to exercise their sacred calling with credit to themselves, and satisfaction to their flocks, whom this bill threatens to disfranchise, and that for no fault whatever on their side. They must reside twelve months, at least, and in a particular spot be able to produce the certificates of, at least, (40) householders, before any one can exercise a duty which all have discharged hitherto without fault, or even complaint. And all for what. Why should this be ? Why throw all the Marriage trade of the Colony into the hands of the Church of England clergy alone. Not that we are in any way inimical to that Church, far from it, or rather quite the contrary ; but we do not like fo see a palpable injustice about to be perpetrated, even to exalt or benefit the Church of England. Again, supposing a Minister of any Christian persuasion, (not of the Church of England), regnlarly ordained, and who has been in the exercise of his functions pre viously elsewhere* coming into this colony to settle down here, finding it needful before he can perform the simple rite oi Matrimony, which he wa 8 in the habit of exercising in England, Scotland, or Ireland, without let or hindrance, to spend at least twelve months in a particular spot and then beg the signatures of his congregation to fit him to undergo the further ordeal of competency ! Why, the whole thing involves an absurdity ! It involves more. It involves a gross injustice to the present Ministers, and may be the means of scaring many from our shores. So much for clauses 42 and 43 — as for the two next that succeed them, we cannot say much in their praise, In fact, the best advice to be given as respects this entire section of the Marriage Bill, is Hamlet's to the Players— " O, reform it altogether." I am, &c, No Sectarian. [We insert our correspondent's letter, without holding ourselves responsible for the opinions contained therein.— Ed. N, Z.]