NEW ZEALAND. [From the Times, Dec 25.)

New Zealander, Volume 5, Issue 317, 13 June 1849, Page 3

NEW ZEALAND. [From the Times, Dec 25.)

[From Ova h fe comments upon the tenure of New Zealand by the JSiitibh Crown are but a condensation of ihe opinions si nm«\y |>ut forward, and consistently maintained, by Lords Normanb\ and Stanley, and Mr. Gladstone. The firbt of these emphatically repudiated any a-jgian-di-<emcnt which a forcible sei7U re or a techn.cal chicanpiy might give ta English claimants and occupints. He (lislinc-ly aJinitte.l that any acquisition of territory woull he poorly compensated by a title which was sullied by violence or injustice. Lord Stanley Biid Mr. Ul>ds!one asserted tbe same ptinriple in itsfu'l st extent and f>rc~. T'.iey each and all conceived the Briti-h Government to be estopped by the Treaty of Wa tangi fri m any exe rcise of domii i n over the soil < f New Z aland which was not sine ioned by the free consent of the nat;ve Chiefs. In their es'imationa bargaiu had been struck between two inlepeivJent contracting powers, thf Queen of England on the one part, and the New Z .land chiefs on the oth^r. The latter <ed.<d the sovereignty of the is'and, with certain rights, to the former ; and t'-e former as a consideration for those privileges, confirmed to the latter the full, frfe and uncontrolled power of a'ienating the lands which they occupied. The natives vieldei to the Crown ex« elusive right of purchase. The Crown guiranteed to the natives the retention of their properties againßt all but buna fide purchasers. Now, these piiuciples have been so repeatedly ]aid down by Colon.al Secretuics, and acknowledged in Parliament by men of different pait es, thnt they are no longer open to objection. A comroversiali-t who would airogate for the Crown a w der power than that of preemption, would have no locus standi. Ttie Trea'y of Wai'angi is the title by which ibe Soveieign of Great Britain has, through her Ministers, admitted that she hoids the dependency of New Zealand. This tresty was made wh n Cipt.nn Hobson vusde facto Governoi of part only of the northern island; but it was ratified by him lor and in behalf of ull parts of any of iheislands " of whiiib. lie was or mi^ht become Governoi." Tueref re it is applicabl to all. It is, then, an obj ct of some mom nt, that the conditions of the treaty should be arouia'ely uuderMO id and strictly enfoiced in any contract be. weeu the natives and the English Government. In none is this more m c s aiy than i-i tlioie winch aflf ct " waste land-." and " doubtful claims " Now, it it, a matter of very nue discriminutio.i what ire '• « a-te lui.ls," as likewise what claims of the nativts are ''invalid.'* And the misfortune is, that as yet there can hardly exist an impartial tribunal to decide so del cate a que-tion. Tho>e wh> would drfi.ie " waste landi" to b. such as are at p c cut uncu.tivated or unojeupied by the nativei, a»lU'ue a definition which is inconsistent wi'h all tbe habits of a socety. A peopls unlearned in tl c science of agriculture, who in one 01 two seasons (Xhmst the soil by their rude tillage, ar3 compelled to 10'im inquest of Iresh land and newhirvests. The " wastes' they leave behind are the remn.mts of former, and the field of future labour. Tncy go to reurn, and they re urn to depart again. Besides tliis, their lite dopeuils upon their huutinc;, shooting, anJ fishing. It would, therefore, be aciuel quibole we.c the representative of the Crown to restnet the cond tions by which he governs to lauds "occupied" in the sense and ma.m-r of English agriculturists. Till the New Zealandero become thoroughly European, this sort of occu at ion is impossible. To act as if it were otherwise, would be to pervert a fair construction into a most unwarrantable usuipation. On the other h.in'l, it i>« clear Unit those who cairy their respect for the rights of the natives to the extent of .holding, th.'t wi'h so small a population in so large an area as tliat ot New Zealand theie are no was c land*, have mwconceived, not onl> the peculiar character of these isUmln, but the t-ene-al chaiacter of all barbarous countries Apart from the lands which have been exhausted r-y ihrir m.c spicies of agiicu tore, snd the hunting grounds, which have mai iy co tnbuud to the subsistence ot the inhabitants, there are, Bccordiug lo the testimony of .ill who hHve visited the colony, hig- tiacts of uncultivated, and Intlieito useless soil Ot' this the future value will dYpend solely upon the exertion-, of European coUiinSti Their lubour, or evea their pmxi ui.y, will cotnaiuni. care fciti'iiy to b irrenni'»», and change poverty into wealth. But until Europeans have | usl eel far into tbe interior of the island, these scattered pal< lisb of scoriona soil are with< ut us- or profit. It will therefoie be the dv y of the Goveinur to anticipate t'ne want-, of the colony by briuging »o nnicli .oi th:s territory wi hin the dominions of the Crown a« muy be available ioi the us sot a denser population. By taking early measures /or securing its possession, he \v*ll proitct tbe colo nisti, tlie natives, and his i,wn succes-ord from a lung and aiixnus' m-cn^le abuul tit'e and purchase. Giving to theTie< ty of Wat.mgi its niosi libeial, nnd therefore its most ffin, ronsuurti -n, we can hardly admit that the Goven.or has the right to take mi inch ot grounn fiom the natives without K'v"i)i; some coiisuieiatioa foi U; but common sense tells us that the natives cun titve. have expected to be | aid the same price forj lam's ot which they enj yed a bcMiefi ul occupHiicy, anJ for those of which they hud t c co.lctivu but barren sovereignty, 'lhc strict and just tuliiln cut of every piomise i-i that which satuues the mteniietalion ol tlios,e to whom the piomise u made. Now, the right of pre-emption wa« gven to the Ci\nva "ovei all lands which the uropiietors in gin be di*pos jd to alienate " The proprietas was heii'by admitted to rest with the natives. To take laud; without ,i puce, therefore,

would bB a violation of the promise as it was made; to Binaiitto any price charged would b; a performance of it in a »ensc voty different from that i» which it was undt-rhtood. Ihe problem is t<> maintain the spi'-it of the pr imise, without neutmlis'ng the intentioi f of the contract. We think this is not without difl.eulties, but its difficulties are not insuperable. The safest and j u-,test p licy will be to perfect a registration of the lands to which the native tribes lay claim, before the competition of Europe m sn< cii a ors gives th m an enhanced, if not an artificial, vane But at the very moment tha' the claims o individual tribes to desig" Hated and defiuite distiids are ivcognized, let the collect ye cUim of all the tribes 'to the unat>s'gued and upaititione.l grounds l>3 acknowledged al"o. When thm has been done, let the fair prico of this common land bf assessed by the most impartial court that cm be obtained— a mixed jury of English and natives; a.d let the G)V rnmeit imini'd-itely enforce its <)glit jf \ve empti.-n r»n cotuMf'ons thu, s<inc''on,(l A cour<c like this will .ivoid the ini.nmcable i q tabbies belncf » the government, the ldnn.j.ib'ids, > nd tbe ud ivfhiWcs tln i m-.elves, of wh'ch the Governor speak? with so lively a tear. We have no reason for d-nbtirgr 'hii G .mrnor Grey will net towards the natives in a manner j dfectly conformaMe with aood t.iith. Hiswh«l tomluct hnhcito wai rants a hopeful op'n.on ol his fnt>i c ca-rer. Th.3 tone of the despatches fro n IJowni' g-str«e» confirms it. As far as> the Goveinmrnt ii cunce ned, we may rely upon the mo t i-quHab c t-e.i uient of die natives. We have, perhaps moie to Tear foo the intciested philanthropy and litigious cuthu iasm of speculators in the olony. Meanwhile, it is hifrh'y oatiffuCory to leain that the colony ot Ne^v Z.aluud'has begun to raise its head abova the tempest which once s»eemed about to overwhelm it. The Governor wrtjs home that "New Zealand never wns in so peaceful and prosperous a state as it is now," This Cubiouns' duths lit Auckland already exceed 0 per annum, and at Wellington i£!G,oo') per annum. The panic which once drove awiy the old, and deterred new immigtants, hag wnolly subsided, The influx of Emopeans is slowly but s'eadily incressm^ The in ivob are betaking themselves tn the rnUwaticn of wheat and thf raising of st>ck. Eveis h i liy s'gn « f e^ ci'^l cononrice and internal tr.iffic i<= b coming d ily mm^ and nice api>ar j n r . Who would nut ie s ret ro -cc 30 Nil a -^ccne marred by coloniJ ilufe or metropoutau ii.jUi,tic<. "