To the Editor of the New Zealand Herald and Auckland Gazette.

New Zealand Herald and Auckland Gazette, Volume I, Issue 42, 12 January 1842, Page 2

To the Editor of the New Zealand Herald and Auckland Gazette.

Sir, —The settlement of the Land Claims is certainly one of general interest, and of fundamental importance to New Zealand Two years have now elapsed since the avowal of British authority in this country, and yet what has been done i Upon the landing of His Excellency, the settlers were assured that a Commission of Enquiry into their land claims would be appointed, “ in order to dispel any apprehension that it was intended to disposess the owners of any land acquired on equitable conditions.” Upon the good faith of the Proclamation of January 30th, 1840, therefore, did the British subjects welcome the arrival of His Excellency ; and the cession of the Island was hastened by every loyal subject* It is known, Sir, to your readers, how the feelings of every one who had at at any time purchased land in this country, were kept up to a feverish heat. First S r Ge rrge Gipps’ Bill appeared cutting down every respectable purchase to 2,500 acres, as a grant, and it might be reduced to a mere shadow even of this; since wfcich, the excitement has been kept up by various Bills proposed, all bearing u >on the same point—the utter destruction of the views and expectations of the old settlers, of those who had faced dangers now unknown, and who had prepared the way for colonization long previous to the landing of any magisterial or military power. It is not long since there appeared a proclamation pronouncing it to be Felony for a man to cut down a Kawri tree on his own land, as all was claimed by the Queen. This did not fail to create considerable feeling, both amongst the Europeans and natives of the northern part of the Island, where alone the Kawri is growing : and in your Paper of the 15th instant, we have a new idea upon this important subject—“ The Land Claims,” in the speech of His Excellency on the opening of the second Session of the Legislative Council of New Zealand,” wnerein the Governor observes “ It is necessary that I should again bring under your consideration the subject of the Land Claims; on the successful settlement of this question the future prosperity of New Zealand is chiefly dependant.” I have read the Governor’s speech again and again, and must confess I cannot understand it, tho I am informed that it is most favourable to the old settlers; of course i$ is intended for them. I have most favourably considered this speech, having felt myself in duty bound so to do, because I am told “ it is such an excellent thing.” But who are they who thus speak so excellently of this new scheme ? Why, those who have no stake in the country. I have not yet heard a single old settler express any thing but doubt and evil forebodeing; I am therefore brought to a stand.—l want some one to explain to me what I cannot comprehend, that is to say—how these new ideas are for the advantage of the “ Old Settler ” The prosperity of New Zealand, doubtless, is dependant upon the successful termination of the Land Claims; for while it may appear an easy and simple matter to quash this question, and cut down, by the principal arm of the Government, the expectation of the old settler, and seize upc#

the inheritance of those young persons who have been born and brought up in the country; it should also be remembered that their individual views of such an act :will only kindle feelings of enmity against a Government capable of such an act. Extreme caution ought to be exercised, I think, ere such a feeling should needlessly be roused into existence. The Government see the necessity of care towards the Aborigines—the rights of the old settlers and their children ought to be held equally sacred. His Excellency admits that the old settlers have “ land claims,” and also the necessity of bringing them again under the consideration of the Legislative Council. We have land claims, and have proved them —that the lands have been fairly bought, and the natives satisfied with the bargain; and have given more in proportion than either the New Zealand Land Company or the Government. But there are objections made by some—of course, by men much interested—we presume, not belonging to the class of the old settlers, who have nothing to lose, and every thing to gain by this despoiling of the old settlers. These most disinterested, zealous men will tell you “ they see not that he who may have been ten years in the country has any more claim than he who has been ten days ;*’ and these cool reasoners think that the wonderful consideration of the Governor is really more than we deserve ! These same good men would fain persuade themselves that we have been commit ting some terrible act of injustice in our taking up a residence in this cannibal land, while Her Majestv’s Government withheld any protection ; and that we ought to think ourselves well off that we are not transported. Without doubt we do ; yet, no thanks to them, I trow, that the old settlers are not now on the roads, under their sentence as convicts. I deplore such narrow mindedness towards the old settlers wherein is exhibited the spirit which actuated the Norman conquerers towards the ancient Saxons. Let it be remembered that we are Britons yet! If we have claims, which is admitted by the Governor that we have, —why.—by what right of reason or equity are we to be deprived of them ? If we have no claims, why this ado about nothing—why this delay—why not tell us the fact at once, that we, and all whom it may concern, may know with as little delay as possible, both we and our children, what to expect from our would-be conquerors —our Norman invaders ? His Excellency observes “ B r the existing law the Governor of New Zealand is authorised to grant to all successful claimants, at leasts a portion of the particular land claimed by them; it becomes, therefore. important to devise some plan by which grants of land may be made, consistant with the interests of the claimants.” These words to grant to all successful claimants, at least, a portion of the land ‘claimed by them,” seems to convey at least, but such a portion of an idea upon the subject, as really to stagger my utmost desire to possess a favorable view of the same. I cannot understand it: and then there is a sort of compliment to the Missionaries. who are to have granted, in consideration of their acknowledged “important services to this country,” a tree grant of their land which they have brought into actual cultivation. Tnis certainly sounds nobly, both for the Missionaries, who have thus deserved, and also His Excellency, who has nobly given his testimony supported by such a bonus. But knowing, as we do, that the number of acres which any person can possibly have brought into actual cultivation is but very few, His Excellency was perfectly safe in the grant, and none need be alarmed should even this noble act be extended to every old settler, a free grant of that portion which has been brought juto actual cultivation. Permit me to inquire, how it is proposed these land claimants shall be provided for ? It appears to me that we a e first to give up our deeds, throw all into the public stock, and then consider ourselves well off if we should through Her Majesty’s grace, obtain a grant of a “ portion” in quantity in exchange for that we had cultivated or .built upon—of that land we have years since bought and paid for. Also, every alternate allotment will be reserved until the selection shall be-completed. We see here, that the old settlers .are to be brought into good and honourable use; as veterans in a good old cause, we are each to take our station as a guard and security for the Well-being of the new coiners, by which we are to have a value extracted from us personally, whereby the intermediate allotments will be mightily increased in value. One of these reevents we are to receive on each side under our protection, to keep in their ranks and in good order. We are to be promoted to the rank of sergeants and corporals, as protectors to the inexperienced ; value is thus to be extracted from ais for the benefit of the community, and for this we may look for, “ at least, a portion” of land. Where that portion may be, is a perfect lottery. But His Excellency keeps from us what that ** portion” may be. A single acre would be a 4t portion,” so also would seven feet by two be a portion.”

The Governor observes again, that “ It becomes important to devise some plan by which grants of land may be made consistently with the interests of the claimants.” This sentence conveys a noble idea and inclination on the part of His Excellency.—“ Important to devise, consistent with the interests of the claimants,” This is as it should be, but our hopes are destroyed by other expressions, and general acts and proceedings. Those words, “at least, a portion,” convey much meaning, and until that meaning be clearly defined, we cannot possibly receive them. The only interpretation I can possibly give to these very smooth ambiguous, these wily expressions, is, that it has been the—aim of the Local Government to seize all the land of the old settlers, paying by compensation, such as the payment wherewith “ Jeffery paid the cat, over the face and eyes. ’ This kind of compenation has been recently ordered for all old settlers who may have been found within the dominions of the New Zealand Company. We may look for the same, and will doubtless have it, if we are not mindful of ourselves. I feel persuaded that this Bill, like others, will not work, Tt may float awhile in the air, like other airy substances, and then explode. There are those who would make it work, whether the old settlers approve of it. or not. Let it be tried, if it be thought so The Dey of Algiers, or the Sultan, or the Emperor of China, would certainly dispose of this matter in a trice, and the heads of the rebels on the city gates, and take their wives and children as slaves ; their land would then, as a matter of course, fall into the hands of the proper authorities. This may do for a Turk or a Chinaman, but not for Britons. 1 maintain, that Her Majesty’s Government ought to be “ plain and above board” in their dealings towards us the subjects of England. It has been our boast, that we are tree born. We boast in being loyal subjects, not because we are paid for it, but we are so by birth, and so we desire to continue, if we may be allowed. Upon the question of the land, I see no difficulty if Justice and Equity be the’point for consideration, and with your permission I will purpose an amendmenfeto His Excellency’s Bill. That the instructions of the Marquis ofNormanby to Captain Hobson, dated Aug. 14 1839, be acted upon. li That care be taken to aispel any apprehensions which may be created in the minds of the settlers, that it beintended to disposses the owners of any property which has been acquired on equitable conditions. ’ That the old Settlers, (amongst whom shall of course be included the Missionaries,) according to their establishment m the Country, should have every mark of respect and attention, a 3 having individually contributed to prepare the way for Colinization, by suppressing the ferocious character of the natives—That an assurance should be forthwith made to the old settlers that every consideration should be given to the time of their having being tesidents in the Country—their services rendered to the people—their establishments formed whether in w ialing or sawing stations, traders or cultivators of the soil. That in proportion to their time in the country, and number of their children born and brought up in the Country ; so in proportion should the extent of their own land be made sure to them by a Grant from the Crown, and that in degree worthy of Her Majesty and* of her loyal subject-', the old settlers. By this act, peace and confidence may be restored to this important and very influential part of the community, which can never be the case by any act short of this. By this amendment, I exclude all but those who have become Bona Fide settlers, I exclude also the Purchasers of extensive tracts, and reduce every one to a scale according to the extent of his porsonal interest in the Country, and the number of his children born and brought up in the Country, whether males or females, while this might not give unniversal satisfaction it would give general satisfaction and would evidently carry with it Justice and Equity, so much required and which as vet lias not appeared. Surely their case can be neither Equity nor Justice in placing a man ol years with a family on the same footing with a young man without a family. 1 hope, Sir, you will excuse this long epistle: ut the question is most important to all: and every one, I feel, who may contribute a word towards the concluding of the same, will do the State a service. I am no member of Council, and must request that you will present my amendment to that Honorable Board through the medium of your Paper. 1 have the honor to be, Sir, Your most obedient servant, AN OLD SETTLER.