New Zealand Gazette AND WELLINGTON SPECTATOR.

New Zealand Gazette and Wellington Spectator, Volume 28, Issue 72, 28 August 1841, Page 2

New Zealand Gazette AND WELLINGTON SPECTATOR.

Saturday, August 28, 1841.

"We have taken the following remarks from a speech reported in the Herald, as delivered by his Excellency, at a public dinner at Auckland : —

The seat of Government could be but in one place ; the inhabitants of Auckland possess the advantage.

Auckland is the seat of Government for the moment, so was Russell ; but the obstinacy with which the people at the Bay of Islands abided by Kororareka, proved their wisdom, and the folly of the Government, and Russell, condemned by all, is known now by the familiar expression of " Hobson's folly." The official want of judgment is made manifest by the fate of Russell, and it augurs but unfavourably for the subsequent attempts.

After having failed in founding a town at the Bay of Islands, as unfit for a seat of commerce as for the capital of these Islands, Captain Hobson has, in his belief, firmly secured to Auckland the advantage of being the seat of Government. Had that? spot been selected after a careful consideration of the objects to be attained, he might have been justified in congratulating the inhabitants of that locality upon the judiciousness of his selection. But it is a notorious fact, that Captain Hobson has never had the knowledge necessary to qualify him to perform his duty in this matter to New Zealand. He was urged to pay this part of the Island a visit prior to making his final decision ; but, at the expiration of nearly two years from the time he landed in New Zealand, we have him now among us for the first time. Our request for fair play was treated with contempt, as if only to show he was determined to locate his capital to suit a whim or fancy of the moment. To justify his present selection, he will have to prove an impossibility — he will have to show that the Middle and Southern Islands are valueless — that they are inhospitable regions or a barren waste. This it would be impossible to sustain, even upon the present evidence ; but, as Van Dieman's Land was settled though the Government was id New South Wales, so will these Islands be peopled at an early period, to the utter confusion of the assumption upon which it has pleased Captain Hobson to esta-

blish his Government in the north end of this Island. t ; The abandonment of Russell is a proof of incapacity to make aright selection, -which will be as well used, as it will be well understood. It will be said — " here is evidence of error on an important subject, and why should its author not have been guilty of another, equally gsoss ? " Loud will be the demand of our friends for an impartial enquiry ; it must be granted, and we have no doubt about the verdict. It will be in favour of Port Nicholson. Due examination will establish, that not only are the Middle and the South Islands valuable for settlement, but that they possess some advantages over the North Island. Settlements have already been made there, and possibly before the enquiry we contemplate, can be made, the population settled in the Middle Island will not be in numbers, or in any other respect, inferior to the population in this Island. It will be found, that on the North side of Cook's Straits, many streams enter the sea, after having passed through a wide extent of fertile land. While it will be found that a large British' population has established itself here, it will also be shown, that a system is in force, which guarantees a continued and rapid augmentation of our numbers. Further, while it is evident that Port Nicholson is singularly central, it will be proved to be an easterly port, having all the advantages of a port on the west coast.

We have now Customs regulations established ; and possibly the only good of which they will be productive, will be affording evidence, that by far the largest amount of revenue in support of the Government of New Zealand, is derived from this part of the Colony. This fact, in connection with the foregoing, will not fail to establish in the mind of every impartial man the conviction, that the claims of Port Nicholson to be adopted as the seat of Government are overwhelming.

But when this point is established, it will be asked, why the site of Russell was selected, when the superiority of Kororareka was so palpable ? and why Captain Hobson resorted to Auckland when there was a large population at Port Nicholson, and it was evidently the fit and proper place for the capital of the Islands of New Zealand ? He has voluntarily increased the expenses of his Government, by creating a town in the wilderness. Had he not proceeded to Auckland, there might not have been a settlement there for ages. We desire" to To his Excellency strict justice ; but we declare, while a host of reasons, besides those set forth up to this time, arise, justifying the condemnation of his adminstration of the Government of New Zealaud, we are at a loss for any even palliating circumstances to put forth in his defence. We confess we were unable to find reasons which would explain a blunder so gross and so evident. Though it is plain that the persons in whose hands the destiny of this Colony are just now placed, are very inferior in education and intellect to the ordinary men having similar pffwer, yet it would be trifling*with the truth to attribute their proceedings solely to incapacity, for nothing less than a total absence of mind would meet the case. Had Kororartka, been selected as the seat of Government in the Bay of Islands, all the town lands being private property, the officials would not ex-qjjicio have had land awarded to them; and as town lands had already attained a considerable price there, they would not have been first in the field in obtaining benefit from jobbing in them. The same remarks apply to Port Nicholson. At Auckland the officials have had the very best town lands awarded them, and not at the price which such lands would have sold, but at an average price formed upon sales of land in a considerable section of the town, containing a great many lots of far inferior value. These lands were granted to prevent the officials from having to place their houses upon land to which their claims had not been made good. The subsequent proceedings, if report is correct, will prove that these lands were not sa required. After the sales, it appears the officials commenced jobbing with these lands awarded by the Government for especial purpose; and have further mixed themselves up extensively in the land jobbing of the place. These proceedings have, in the form of a petition, been forwarded to Lord John Russell, and we have little doubt will find their way into the House of Commons. Can it be possible that the facts we have stated respecting the state of the town lands at Kojrprareka and Port Nicholson, gave birth to the Government town ? If they did, it would have saved the Colony of New Zealand a heavy future charge upon its income, could we and the Bay of Islands have satisfied the wants of the officials.

There are two reasons which we are prepared to hear advanced for continuing the seat of Government at Auckland, and which we have no doubt the officials regard as their

mainstay. The one, that the lands there have been purchased with the understanding that it was to be the seat of Government ; the other, the large expence which, would attend removing the Government to another town. As to the vested right, it may be answered, that it was beyond Captain Hobson's power to give any guarantee. We know he has not the power, and more, that the Government would not pledge themselves to any thing of the kind. Further, the abandonment of Russell will be deemed a sufficient warning that Government would not be continued at any place proved to be unfit for the purposes really worthy of consideration. But in the proceedings on this subject, upon the Union of the Canadas^ we have proof that neither pretension to vested right,' nor fear of incurring- expense,' will induce Lord John Russell to be -a party to any error upon a subje*c£ J so important. - Quebec was the capital of. Lower Canada, Toronto of Upper. Canada ; Montreal is well situated in relation to both Provinces ; and all these towns haye numerous important public buildings, erecting which must have been attended with great outlay. Withdrawing the Government from these towns, must ; be attended with rendering those buildings nearly' valueless, and there must be a general depreciation of private property. But so it is. Kingston has been considered the most central and otherwise eligible as the seat of Government of the United Provinces, and there it has been established ; and this, though Kingston is only a few hours run from Toronto. Can we desire more convincing proof that, upon our case being pressed upon Government, it will receive due attention ? Nevertheless, though^ we may rest satisfied at the issue of the inquiry which must he made, we can never forget that we owe all the discouragement under which we so long laboured to the Government of Captain Hohson. Towards the people of Auckland we have no bad feeling; on the contrary, all here wish them success ; but to Auckland as the seat ot Government, we must always be opposed. We should be hypocritical, did we not declare thus much. His Excellency the Grovernor held a Levee at Banett's-hotel, on Tuesday last, at which the following gentlemen attended: — Government Officers. — Lieut. Smart, Aide-de-Camp ; Edward Shortland, Esq., Private Secretary; W. Martin, Esq., Chief Judge ; W. Swainson, Esq., Attorney-General ; Dr. Fitzgerald, Health Officer and Coroner; M. Murphy, Esq., Chief Police 'Magistrate; G. F. Dawson, Esq., J.P.; P. Mathew, Esq., Surveyor-General; E. Halswell, Esq., Comsiiv.son.er <>f CUe Counts of duKner^Scjisions ;iiid" TlequL'ht ; W. Swainson, Esq., of the Commissariat ; P.D. Hogg, Esq., Sub-Collector of, Customs; G. Clarke, Esq., Protector of the Aborigines; — Connell, Esq., Postmster-General ; George Hunter, Esq., J.P. ; H. St. Hill, Esq. ; R. D. Hanson, Esq., J.P. New Zealand Company's Officers. — Colonel William Wakefield, Principal Agent; Captain W. M. Smith, R.A., Surveyor-General ; V,r Stokes, Esq., Assistant Surveyor ; J. Lewis, Esq., Land Clerk ; De Bathe Brandon, Esq., Solicitor to the New Zealand Company. Masters of Vessels in Pobt. — Capt. Robertson, barque Tgne; Capt. Hobbs, barque Katkerine Stewart Forbet. Visitors to Port Nicholson. — Messrs. Lee and Curtis. Non-official Residents of Port Nicholson. — John Smith, Esq., Manager of Union Bank; Messrs. Chetham, (2) Adam, Lett, Hair, Sutton, Hodges, Tyrell, Johnson, Wathen, Hay, Lowther, Jones, Featlierstone, Pharazyn, S. Cook, Stevens, Alsdorf, White, Bowler, 'F. V. Martin, Bethune, G. Hunter, jun., Cole, "Strong, Barton, Outhwaite, Rev. Mr. Aldred, Captain Campbell, and Dr. Stokes. Besides the above gentlemen, there were about eight or ten others, whose names we were unacquainted with. Several natives were also introduced, but we did not observe either E Pouni, Warepori, or, in fact, any influential chief of this part of the Island. _ The whole ceremony was over in about ten minutes. It is reported that Charles Wayhrow Ligar, Esq., Surveyor-General of New Zealand, accompanied by the staff Captain Dawson, R.E., was commissioned by Lord John Russell to select, may be expected out very soon. We believe that, as yet, there are but three ports of entry, in New Zealand — Port Nicholson, Auckland, and the Bay of Islands. All vessels from neighbouring colonies, the mother country* and foreign parts, must submit their ] cargo to the Custom-house. To trade on the coast prior to this ordeal" would be to subject themselves to seizure. • Further, we suspect ! foreign vessels will no longer have the right to whale in the bays on the coast of New Zealand. According to the navigation laws, foreign vessels, we think, cannot fish within three leagues, or nine miles of a British coast. If we are right in these points, we should like to know if the Government of New Zealand has taken any steps to make the Colonial vessels, and foreign whaling vessels aware of the law ? If not, we would suggest the propriety of inserting advertisements relating to the,se points in the Hobart Town, Launceston, Adelaide, Port Phillip, and Sydney newspapers. The brig Lucy Sharps, Captain M'Fie, arrived on Monday last, having sailed from the Downs on the 12th April. Captain M'Fie has kindly furnished us with London papers to the 11th April, but on looking them over we find them absolutely devoid of of interest. The schooner Harlequin, Capt. Phillips, twenty three days from the Bay of Islands, and six days from Hawke's Bay, arrived yesterday. She reports the total loss of the schooner Lapwing of this port, in Hawke's Bay ; near where Capt. Lewis lost the small vessel, built a few months since on the Manawatu. The Captain, and Mr. M'Farlane the super-cargo, left Hawke's Bay for this port, in a whale boat, two days before the Harlequin arrived there, twelve days since, they are therefore overdue. We have obtained the subjoined remarks

which were made in the Sydney Council, on the 28th July, from the Sydney Monitor. They are not very intelligible, and with! a view to rendering them more so we have inserted a few words in brackets. If the meaning be correctly understood it would appear that Captain llobson was enjoined not to impose Customs duties, but to look solely to land for the means of supporting, his Government. The Colonial office is made to appear aware of Sydney having advanced £41,000 to our Government. This is impossible, and it is evident that the whole has been wretchedly reported. - ' ' ~ NEW ZEALAND. j Sir. James Macathur enquired whether any communication had been received by his Excellency, from the Home Government, with respect to the money which had been advanced from ike .treasary of New So«tn Walet, in aid of the Colony of New Zealand, and whether there was any prospect of the re-payment of the aforesaid money. . His Excellency replied, that he had received no official information on the subject. He had received a dispatch addressed to Governor Hobson, in which the •abject was touched «pon. In this despatch it was stated that the debt due by New Zealand to the Colony, was and that Governor Hobson would find no difficulty in liquidating that debt. Gorernor Hobson was also instructed not to carry «n hii Government by law*, but by the Revenue of the Colony [derived from the sale of hind] of which not more than one half of the net proceeds, i.e., after the expenses of sale and sirvey were defrayed, is to be expended on the aborogines; and ' for the purposes of Government : the 450 per cent, being, to be entirely set apart for the expeuces of immigration to .the Colony. As £ 2,000 had been received in Sydney for land, since the settlement of the Colony of New Zealand, the balance in favomr of this Colony was instead of £43.000, aud he (his Excellency) trusted that as some extensive sales of land had been effected in New Zealand, and as more were advertised to take place, that Governor Hobson would thereby be abl* to liquidate the whole of the debt. Mr. Jones was of opinion that it would be much more satisfactory, if a monrage could be obtained as a tecurity for the debt! The notice by the Custom-house, which appeared in last week's paper, led to the holding of two meetings by persons interested in the spirit trade, and the following memorial was adopted, and on Wednesday presented by a Deputation to his Excellency. The memorial so fully describes the case, that comment on our part would be uncalled for. To vis Excellency Captain William Hobson, R.N., Governor and Commandeiun-Chiep in and over the Colony op New Zealand and its Dependencies. The Memorial of the undersigned merchants and others residing at "Wellington in New Zealand, Shbwbth, — That your Memorialists, and the persons residing in the town of Wellington and its vicinity, are owners of spirits to a very large amount in the whole, which, as merchants, they have imported into the Colony, or as retail dealers have purchased therein, or which have been consigned to them by their correspondents in England or in the neighbouring Colonies. , That, by a Government notice, published In the New Zealand Gazette, such of your Memoralists as were importers of spirits, or wholesale dealers in that article, were required to pay a sum of £30 for a license, under the authority of an Act of the Legislative Council of the Colony of New South Wales ; and that payment of this sum was required under that act without reference to the quantity of &pirits imported or sold by your Memoralists, or to the period for which the license was granted, and that some of your Memorialists paid such sum of £30 at as late a period as the month of April last. That, during the per.od within which the Islands of New Zealand formed part of the Colony of New South Wales, there was no publication within the town of Wellington, where your Memoralibts reside, of any Acts of Council for the Colony, and no opportunity alfordedof ascertaining what were the laws to which the settlers in New Zphlsih rt \"ere niatie subject by those Acts ; that, consequently, your Momoralists, for the most part, imagined that this payment of £20 was to be in lieu of duty upon all spirits imported before the Ist of July ; and that therefore, although they regarded this mode of raising a revenue as highly objectionable on the ground of its inequality, they took no measure to protest against the imposition of such a tax, on account of the smallness of the amount. That some of your.Memorialists were aware of other provisions in the act imposing this tax, by which it was proposed to compel the payment of duties in respect of spirits in store on the Ist July, but that they were in daily expectation of that separation of New Zealand from the Colony of New South Wales which has since taken place, and they considered the provisions of the act in question to be so arbitrary and inquisitorial, and the principle of requiring payment of Customs duties upon goods which had been previously imported, in some cases for nearly a year and a half before the duties were made payable, to be so completely at variance with the rules applicable to these duties in the mother country, that they could not anticipate the enforcement of that act when the Colony of New Zealand was governed by its own independent legislature. That, on the 25 tb June last, a notice was issued under the hand of the Honourable the Colouial Secretary, which was afterwards published in the New Zealand Government Gatette, containing a table of all duties of Customs payable upon goods, wares, and merchandize (spirits included) imported into New Zealand after the. lst July, 1841, which confirmed the opinion thus entertained by your Memorialists, inasmuch as it seemed to imply that no duties would be payable upon goods imported prior to that date ; and that, upon the faith of this notice, large purchases of spirits were made by some of your Memorialists. That your Memorialists have consequently seen, with great surprise, a notice published in the New Zealand Gazette, by the Sub-Collector of Customs, requiring all persons holding spirits to make declaration before the SubCollector as to the quantities of spirits in their possession, in conformity with an .Act of Council, No. 3, of 1841, for the purpose, as* your Memoralists are informed, of subjecting such holders of spirits to the payment of duty thereupon. That, inasmuch as there is not, as your Memorialists are informed and believe, any copy of the Act of Council, No. 3, in the town of Wellington even at the present time, your Memorialists could not be aware of its provisions, otherwise than as the same were announced in the before mentioned notice of the Honourable the Colonial Secretary; that, con■equently, they are called upon to pay duties, of their liability to which they were altogether ignorant, and from which the Government itself had led them to believe that they would be exempt ; and that this proceeding, which, under any circumstances must be regarded as invidious, would, if persevered in, indict very serious loss upon those of your Memorialists who have made large purchases on the faith of this' Government notice . Your Memoralists would respectfully submit to your Excellency, that the principle of imposing duties, which in their nature are import duties, upon goods'/the greater portion of which, have been actually imported into the Colony for a period varying from six to eighteen months, is in itself objectionable, and ought to be resorted to only under circumstances of peculiar emergency; that the powers necessary to the enforcement of these duties are obnoxious and unconstitutional; that the act by which the duties were imposed and powers granted emanated from the Council of New South Wales; that the main advantage which it was assumed would result from the separation of New Zealand from that Colony was the freedom 'of the settlers in New Zealand from laws, which are of necessity arbitrary and unpopular ; and that this advantage would be to a great extent forfeited if, in this important particular, these arbitrary laws were to be enforced. ' Your Memorialists would also venture to remind your Excellency, that although no difficulty exists vjtU'isfcard to the levyinjfjif-duties. upon goods imporjawtijithe.. Colony, the nattijftrof'tthis settlement affords: peculiar facilities for the evasion of duties upon" goods which have been previously imported, and that your Memorialists, and those who are disposed to yield obedience to the laws, m^y, if the duties in question are imposed, be subject to the 1 competition of persons who have paid no duties, and this^to an extent, would deprive them of all hope of profit for a; considerable period. Your Memorialists would therefore pray to be relieved from the payment of all duties in respect of spirits imported previously to the Ist July last, or for such other relief as may appear to your Excellency just and expedient under these circumstances. At a meeting of WanganuLSectionista, held on Thursday last, at the Library and Museum,

Mr. S. Revans in the chair, the following resolutions were passed : — Rbsolvkd— That Colonel Wakefield, the Company's Principal Agent, be requested to notify by advertisement ! in the New Zealand Gatette, that on the 33rd September, as many sections as may be found ready for delivery at Wanganui at tbat period, will be offered for selection. Resolved— That a deputation be deputed to wait on Col. Wakefield with the foregoing resolution, and on the Surveyor-General, to request him to proceed to Wanganui by land — and that Messrs. Tyrrel, Chethain, and Lowther, do form the deputation. Both of the above resolutions have been complied with. An advertisement appears'in to-day's paper relative to the former — and Capt. Smith acquainted the deputation, that in comi pliance with their request, he would proceed by land this day, to Wanganui. Dr. Evans, on several occasions at public meetings, pointed out very forcibly the offensive error of which Captain Hobson's Government had been guilty, in .declaring the Sydney convict_Jaw_in force in New Zealand; when by a different course, we might have been placed under the Laws of England. This Colony is about" to be exposed to one of the mischievous consequences of this error. The master of the American ship Cicero desires to land all his oil here, and retit "for the whaling ground. He would leave his oil for sale*; or if not so successful as to fill his ship, in a reasonable time, would return and complete his cargo by taking on board a portion of the oil deposited in store here. But he has been met by beinginformed that he must not even land his oil here. Surely this is applying the New South Wales Law, even if that be the law, of which there is considerable donbt, when it is plainly not applicable to New Zealand. - This is a question of vital importance to this port and to the Bay^ofjslands, and the legality of the refusal to allow*foreign oil to be landed, and even sold, upon paying the New Zealand duty chargeable upon foreign productions, should be as speedily as possible brought to trial. We therefore recommend the Agent of the vessel to land a few tuns, and should it»be seized, there will be the ground upon which to commence an action against the Collector of the Customs. Another advantage from taking such a course would be that, if the Court decided in favour of the Collector's view of the law, the subject will thus have been brought before the public and the Home Government.' The whole trading community are interested in this matter, and should at once therefore deal with it as affecting the progress of our commerce. Had we been subject to English law, as it authorises landing and bonding, we could have at once rendered our port a depot for foreign vessels engaged in the whaling pursuit. It is not only impolitic for New Zealand to discourage the growth of this portion of her natural trade, but it is unjust to foreigners. They have been accustomed to resort to these shores for years, without let or hindrance, and a sense of fair play, if not of interest, ought to cause our legislature to frame its laws in a spirit of liberality towards them ; otherwise we suspect Great Britain may yet be subject to annoyance from France and America on points flrl.-.ting to the fisheries of these seas. The Captain of the Cicero speaks in terms of high praise of our harbour. He states it will soon be well known to the masters of American whaling vessels, and that if we are prepared to render them the assistance they may require, he has little doubt we shall ere long have ten whaling vessels at the time, belonging to his country, at anchor in our port. If each vessel were to remain one month refitting, we should thus he visited, in the year, by one hundred and twenty whaling .vessels belonging to America alone. This single source of commerce would not only sustain of itself a large population, but render them wealthy. The Americans in exchange for provisions, will frequently require to sell portions of the oil they may have taken while at sea; but if this privilege be conceded, as it is a foreign article, it will be subject to a duty of about twenty-five shillings per tun upon being landed. Bonding such an article would I be exceedingly expensive ; as, however, only a j small quantity would be required for local consumption, and consequently a very trifling amount of revenue would be derived from this source, a tax on the article is a serious impediment to the progress of the commerce of New Zealand, we would therefore suggest the propriety of exempting foreign oil from any impost. This would act as an inducement to make our ports depots for foreign, as well as British oil— and when American and French trading ships — or whaling vessels having prpAfflPl a portion of their cargoes, paid us a visit, would very likely become purchasers of "tms class of oil. If it were not all so disposed ■of, the remainder might be shipped to England, where there is a constant demand for oil in bond, at a proportionate price, for shipment to the continent. Let our laws be guided by the improving spirit of the age. It is now generally admitted that customs duties ought only to be levied with a view torevenue, and without the purpose of restriction. In accordance with this principle, whenever it is evident that the nature of a certain duty is mainly operative in the latter manner, it ought instantly to be abrogated. A duty on foreign oil is a strong case in point, but .we believe that the Members of Council have not had this principle before their minds in their recent legislation for the purposes of revenue. As occasions arise, we will endeavour to use tliem to show wherein the law is defective in the hope that thereby it may lead to the modification essential to the rapid progress of the commerce of these islands. A ship-builder who has recently arrived here from-Sydney, hai on the stocks the frame of a vessel of about forty tons. He states it to be his opinion that ship-wrights, owing to the superior nature of our climate, will be enabled to perform a third more work than they can perform in Sydney. Our wood is much more easily worked than the wood of Australia. The abundance and variety of good timber in Port Nicholson, combined with the above circumstances, and the native flax for rope, ought to lead to our community becoming extensively employed in ship-building and ship owning. We believe good ships will be as cheaply built and sent to sea here, as in North America.

The hull and* spars are now contracted for, at from nine to twelve pounds ten shillings per ton. A boat belonging to Mr. Coglan, Petoni, about five tons burthen, was launched from Messrs. Meech and Oxenham's yard, on the Hutt, a few weeks sine*. She is a beautiful model, possesses admirable sailing qualities, and reflects the highest credit on her builders. She is at present running between Wellington and Petoni. ' We have not space to give an account of the crimping going oh here for Auckland. We will attend to the matter next week. Messrs. Rhodes and Company have been appointed agents for this district to the Free Prest, Australian, and Sydney Herald, ail of which are published in Sydney. To the Editor of the " New Zealand Gasettt and Wellington Spectator. 1 ' Mr. Editor, — We, the undersigned, having seen a Chart of Cook. 1 * Straits, published in England, and now being' sold here, beg, throagh the medium of yonrpapar, to warn persons unacquainted with the coast from placing any confidence in it. It being our opinion that the chart is calculated to mislead and endanger those who might iue it ; for, although the compiler has copied several of the authentic « urveys of the various harbours, yet his draft of the intervening parts of the coast line i» so erroneous, as to have the effect of rendering the whole not only useless, but pernicious. F. 6. MOORE, W. B. RHODES, . , R. J. HARRISON, ROBERT PARK, W. HAY, CHARLES HEAPHY, , Wellington, August 34, 1841. /