LAND PURCHASING.

New Zealand Gazette and Wellington Spectator, Volume V, Issue 340, 17 April 1844, Page 2

LAND PURCHASING.

Is our last paper, we inserted .a Proclamation by the Governor on the subject of immigrants purchasing land from the native population of these islands. We should like to have seen the opinion of the Auckland press of this Proclamation; but this could not come by the same opportunity, as the official Gazette in which the proclamation appeared, was dated as recently as the latest dated newspaper we have received from the seat of Government. Our last paper contained an article, entitled " purchases of land from the Natives," taken from the Sout/iern Cross, which seems to have anticipated the permission now granted, but evidently without the restrictions to which it is subjected. We believe proclamations are generally used to declare the law, made by a legislative body ; but that sometimes they declare the will of a Governor, which in some colonies is law. The distinction generally made, though far from correct, is between colonies which have, and which have not, legislative bodies. The former are entitled chartered, and the latter crown colonies. Many chartered colonies have legislative institutions the powers of which are merely nominal ; but the better to preserve appearances and keep the colonists content so far as posssible, it is deemed good policy to observe all the forms as strictly as though the legislative powers of the council were real. New Zealand is for instance a chartered colony, and has a legislative council; but so absolute is the power of the Governor, rendered by the charter, over the will of the legislative body, that in fact New Zealand is a crown colony. But it is nevertheless customary in such a colony, to express the will of the Governor through the legislative body ; and not by proclamation. It may yet prove that a Governor, cannot in a colony, having a legislative body, though it may be so limited in power as only to be efficient for the expression of the Governor's will, express his will through the other channel ; that in fact for, a Governor *o express his will by proda-

mation, is to do that which will be disallowed at the Colonial Officers illegal. If it should prove that to grant immigrants the permission to purchase land from the natives were wise as we are not aware of any circumstfepces vrYAch demanded the granting that permission immediately, we think it would have \< 2n more judicious for the Governor tq/liave waited the expression of his decision through the Council, and so to have given it the semblance of law sonctioned by a legislative body, than to have by proclamation given the feeling that *t is the mere will of an individual ; if combined with the feeling that such a proclamation is illegal, the permission must come in the shape of 1 aw, or will on that ground alone prove abortive.

This proclamation does not recognize the right of the aboriginal to sell his lands to an immigrant. It still asserts the pre-emption right of the Crown ; and only proposes to waive that right over certain limited portions of land. If this is not a gener al measure, but a particular measure, we should certainly like to know the circumstances which have induced his Excellency to issue this proclamation. This limitation renders the permission pernicious. If it be good that some immigrants be permitted to purchase of the natives, it is good that all should have the privilege ; and if it be good that some natives should be permitted to sell their lands to immigrants without the intervention of Government or Company, it is good that all the natives should have the permission. If the principle upon which the permission rest* be good, the limitation to its application is bad, for the Government, for the native, and for the immigrant. The limitations and restrictions interposed in the way of this permission will be attended with needless expense, delay, uncertainty, and some of them open the door to undue preference and to corruption. Thus supposing these islands to be governed by a man who, in the administration of its 'executive, was animated by strong feelings of sympathy and antipathy. Is it to be supposed that if a person who had rendered himself obnoxious to the Governor, made application for permission to purchase of the natives under such a 'proclamation, that the permission would be granted ? Certainly it would not ; he would be considered a bad fellow because he had offended the Government, and as he was a b^d fellow, that would be sufficient reason for preventing him if possible from being baneful to the Maories, either by dealing with or residing among them. If the Government had found him a bad fellow, the natives would necessarily find him so likewise. With this conviction, the Government would be bound in duty to refuse permission. In this way this proclamation might become by the favour it would permit of being evinced, "most baneful in effecting the suppression of opinion and of proper opposition to the measures of the Governor — baneful alike to Governor and governed.

But supposing the Governor, was more than mortal, and that no personal dislikes, or dislike to opinions operated, there is another gentleman's approbation of which the applicant must be secure. It is declared that the Governor " will consult with the Protector of Aborigines before consenting, in any case, to waive .the right of pre-emption." Now supposing the said Protector had a strong dislike to the applicant, it is not likely he would encourage granting to him the permission sought. Here is a double chance of being deemed a bad fellow ; if the first were escaped the second might operate most effectually ; but suppose both operated, what then would be the prospect of success ?

These restrictions upon the natives right of selling land appear to us offensive in the highest degree, and utterly without principle as a basis ; if the right to sell lands be conceded to the natives at all. The use of the word permission, as between the parties, does not irt our minds cloak the wrong. This proclamation admits the right, but declares that it shall only be exercised at the will and pleasure of the Governor and native Protector. We should like to see the reasons upon which the necessity for these restrictions exists. It would, it appears to us be quite ■ as justifiable to surround the sales of lands purchased by immigrants from the New Zealand Company, with similar restrictions and with similar demands for the maintenance of' the Auckland Treasury. Are the natives considered incompitant to protect their interests ? If they be, depriving them of the larger portion of the purchase price of laud, is a strange mode of protecting them. We, the Company's settlers purchased our land orders nearly five years ago, from the Company. We have been informed that Rauparaha is of opinion that a parcel of maories would not have acted so foolishly. Our inferiority is thus expressed by this native chief ; and we therefore say the immigrants desirous of selling their land, need more protection than the natives ; and if the restrictions attached to the sales of land in this

proclamation be needed in relation to the on c class, they are even yet more needed and applicable' to the other.

If the right be acknowledged to be in the native to sell his lands, why should he be called upon to forego, in favour of the Government, some ten or twelve shillings for every acre he may sell ? How -is he, as a proprietor, with his right to his estate, rendered in our law inferior to' any immigrant proprietor ? It may be asserted that he does not forgo the amount demanded by the Governor ; he who asserts this must indeed be * ignorant of the principles of political economy. If desire to purchase the lapd induces the purchaser to give a certain amount to the native and to the Government, that same desire would have induced the giving the. whole amount to either of the parties, if secured against a demand from the other.

To us it appears that this proclamation virtually destroys Lord Stanley's Act of Parliament, fixing the lowest sale price of land in these Colonies at one pound per acre. It can hardly be imagined that purchasers of land, who by this proclamation may obtain choice spots from the natives at about fourteen shillings per acre, will purchase of the Government at not less than one pound per acre. The following appear to us the various sums to be paid under these new regulations : — say not mo'e than two shillings per acre to the natives ; the first instalment of four shillings per acre to the Colonial Treasury ; two shillings per acre for surveying ; and subsequently six 'shillings per acre more to the Colonial Treasury ; upon the last named payment, the purchaser is allowed at least twelve months credit. In all fourteen shillings per acre, nearly a moiety of which is payable after twelve months credit. The native is by this proclamation rendered a seller fatal to the Government land sales. The Government, we believe, are possessed of few choice spots of land ; though there are many, they are still in the hands of the natives, who will readily alienate them to individuals, & thereby engross the land market ; and the Government will obtain, if this proclamation goes into operation, four shillings instead of one pound, at least, per acre cash, for lands purchased by Europeans. The remaining six shillings per acre it is plain cannot be demanded within twelve months, and may not be paid for years. It is true that the proclamation declares that the privilege of making this class of purchases will be conceded only to a limited extent, but we forsee it must be withdrawn immediately, or hearing that it has been granted to some, will cause a demand to be made, which will make it necessary to avow the absolute right of the natives to do with their lands as they may see fit. One or the other course must be pursued, or instead of begetting friendship and confidence, this proclamation will be the cause of native hatred to the Government.

The Government have as yet purchased but little land from the natives, and this proclamation puts an end to their making further purchases ; they will not be able to compete with individual buyers. The laud they have purchased, is evidently put out of the market* by the proclamation. It is now Government dead stock ; and we presume no effort will be made to increase its quantity. For while individuals may obtain choice spots upon paying down about six l shillings per acre, they will hardly be induced to buy of the Government, which is .bound, by Lord Stanley's Act, not to sell auy lands obta'hed by the crown, at less than one pound per acre cash ; therefore for the local Government to make land purchases in the face of this proclamation is to invest the funds of. the colony in a mode which cannot be attended with profit for years to come.

Buying under this proclamation presents such advantages over purchasing from Government, or fn>jn the. Company, or from the immigrant population, that their power of making sales is destroyed. Those who buy from the natives will contribute at onoe four shillings per acre to .the , Colonial Treasury, and when a deed .is sought six shillings more. These sums are. to he applied to the general purpose of the Government; not one word is stated on iVe subject of applying any portion as an immigration funiJ. . Lord Stanley's Act secured, out of the pound, ten shillings per acre for immigration purposes, the total amount now payable to. the Government. The Company were under a moral obligation to expend not less than fifteen shillings per acre' upon immigration. The proclamation necessarily destroys their future sales of land, and it is ndw evident that therefore as no fund'ls "provided in the north or can, under this' proclamation, be secured in the south, New Zealand has ceased to be a colony to which employers can resort with a decent prospect of obtaining a supply of labour. Many have paid large prices for land under the belief that Lord Stanley's Act, and the Company's regulations, would be maintained. The value of such purchases is now des-

'royed-; andUr sflfcmit that in justice these buyers should be allowed to take land under the proclamation, and the Treasnry regard the amounts already paid as an equivalent. This would be but a poor compensation ; Jess will not only be unjust, but will occasion their ruin. We do not anticipate that this act of justice will be conceded ; nor do we anticipate many lands will be purchased from the natives under the proclamation ; but the effect we anticipate is a total destruction of all confidence in the security of purchasing lands till they fall to a nominal price. In the mean time, making terms with the natives and squatting, will be felt to he the only safe course upon which to proceed. This however, will not suit very many who came to New Zealand under the idea that the civilization to which they were habituated was to be preserved ; and they rather than turn Maori, or live dispersed among the natives^ will abandon New. Zealand. A few months will show that Sydney, Port Phillip, and South Australia possess the advantages, the belief in which induced so many to resort to their shores, where, arriving at an evil hour, they experienced not only disappointment hut ruin. This conviction will arise strongly ore long in the minds of those who, still believing in the resources and attached by them and the climate to New Zealand, have grown weary of the contest between the Government and original settlers, between the former and the Company, and between the latter and the natives ; and now again having the prospect of all this confusion rendered worse confounded, they will flee from the shores of New Zealand to those of Australia with a confidence that they may obtain at least the means of enjoying that security so essential to the peace which is so evidently denied, to all in New Zealand, for many years to come.

The want of system in all that is being done in this Colony is most apparent. The one day we have the Government inviting those whose claims to land have been sanctioned, to abandon the spots to which they are entitled in various parts of the Colony, and make their selections in the neighbourhood of the seat of Government, with a view of course to causing that concentration which is admitted to be so desirable. The next day a proclamation is issued, permitting transactions in land between native and immigrant, which lead necessarily to dispersion. The settlers must call upon the Government to adopt and maintain some course in relation to land purchasing; for it is impossible that any material progress can take place if the colonists are to be kept in that state of uncertainty which has existed for the last four years. If the Government determine to recognize the right to be in the natives to ail the lands in the three Islands, be it so ; but let it be avowed, anil compensation made to those who have been induced to purchase lands from the Government under the belief that such a doctrine would never be sanctioned by an Ministry. If this doctrine be acted upon, Commissioners for Enqniry into the validity of purchases cease to be required. The title to the land is in the Maori, who is a British subject, and purchases will be made in accordance with the law. A deed and possession will be obtained ; and if a dispute arises, it must- be settled as other disputes about deeds and bonds are settled, by an action in the Supreme Court. If, however, the right to land is only recognized to extend to a quantity sufficient with which to supply his own wants, instead of to islands almost unoccupied, the Crown must assert its title to all the land, and taking care that the natives be duly protected by abundant reserves, deal with the remainder as may be seen to be most beneficial to all the inhabitants of New Zealand, without distinction of origin. But again and again we call upon the Government, to acquire that foresight in respect of which it has been so lamentably deficient, and acting upon it adopt a system which it can feel it may maintain with advantage to all the interests of this colony. The terrible uncertainly is wearying the people unto disgust, which must be destructive of industry, the only ceitain protection against social disorganization. Let us have some system, be it bad it will not be so mischievous, as uncertainly has been and must be ; and let that system be steadily maintained, until experience demands a change, and though we may not be satisfied with the system, we shall all assuredly reap the benefit of the confidence it will inspire, without which it has so often been proved, no success can attend the efforts of individuals or communities.