NEW ZEALAND HERALD, AND AUCKLAND GAZETTE. SATURDAY, FEBRUARY 5, 1842. LAND CLAIMS’ BILL.

New Zealand Herald and Auckland Gazette, Volume I, Issue 49, 5 February 1842, Page 2

NEW ZEALAND HERALD, AND AUCKLAND GAZETTE. SATURDAY, FEBRUARY 5, 1842. LAND CLAIMS’ BILL.

“ .Timeo Danaos et dona ferentes. “ Nemo me impune lacessit.” In another part of our columns will ,be found published, the Resolutions unanimously adopted ty e meeting of landholders and others interested in the present and future welfare of New Zealand. The Meeting was held at Wood’s, Royal Hotel, and was numerously, and very respectably attended. Mr. Abercrombie was unanimously requested to take the chair, as being either directly or indirectly, one of the largest claimants of land in New Zealand, and as having, together with his brother, not only expended a great deal of property on this colony, but tended in an eminent manner to promote its prosperity. Mr.

Abercrombie explained the objects of the Meeting in an eloquent, able, and comprehensive speech, in which he clearly elucidated, not only the harsh and unjust manner in which the original settlers have been dealt with by government, but proved also, by the most cogent arguments, that every individual settler was deeply interested in the measure now before the Legislative Council, not only in as much as the attempt thus made to invade the rights of private property, was a breach of one of the fundamental laws of the British Constitution, an attempt to deprive us of our birthright, as had been forcibly stated in the letter addressed by Dr. Martin to His Excellency the Governor, but also in so much as the tacit acquiescence in a measure so unjust in itself, might form a precedent for the administrators of British authority in our country, whereby they might invade every other right and privilege which belong to us as British subjects. The chairman dwelt at considerable length on the utter absurdity of the pseudo principle of concentration on which the Land Claims Bill is founded. We regret, that owing to the want of a reporter, we can neither give our readers any thing like a correct idea of Mr. Abercrombie’s speech, nor of any of the other able and eloquent speeches delivered on this occasion.

Mr. Cormack moved the first resolution, which was seconded by Captain Nagle. Mr. Cormacic’s speech was distinguished by that calmness and coolness of temper, and at the same time with that philosophic firmness, boldness, and energy so characteristic of this gentleman, and so indicative of a person possessed of all the mental training and intellectual capacity which rendered him so admirably adapted not only to form but to give an opinion on this intricate question. Mr. Cormack spoke in nearly the following words, as far as we can recollect:

In rising to move a resolution at this meeting, I do so with regret, because I have heretofore been among the foremost to meet the wishes of Government in assisting to bring about a settlement of the Land Claims, a question of the first importance to us all. But yesterday being in the Council chamber when a discovery was accidentally made of a deep laid and determined scheme existing in the Executive—to juggle every one of us out of our lands and other property, I now come forward and unhesitatingly declare, from what transpired in the Council, that riothing but opposition to the present Executive Government can secure to us our properties or the enjoyment of the commonest rights of British subjects. I will add no more at this moment, because the Resolution I am about to move is lengthy, and as it appears likely we shall be required to make this and probably future day’s proceedings known in England, it is somewhat historical, Mr. Brewer in moving the second resolution, which was seconded by Mr. Brown, delivered a speech of very great length, in which he displayed a vast deal of legal knowledge and research, after presenting in one view the whole of the proceedings of the government, from the commencement-of their career in the colony to the present moment, and shewing in the clearest light that they had in every instance gone in direct opposition to the spirit of English law. He dwelt at considerable length on the assumption of sovereignty by the British Government, and in the ablest manner proved that every contract Or engagement which the sovereign chiefs of this country had entered into, before that period, were now and for ever qeuady binding on the. British Government. Mr. Brewer very forcibly alluded to that remnant of barbaric and feudal times on which the Government claimed and demanded, for the Crown, the right of property in all lands bought in this country by British subjects. The learned gentleman eloquently and emphatically contended that this was a light which had by chance escaped the purgatorial fire of the reformation, and which had never been acted upon

excepting in the case of New Zealand ; arid with great animation expressed with what indignation and abhorrence our ancestors should have heard the attempt which is now being made, by means of this obselete right, to deprive their descendants in this far country, of their validly and legally bought possessions. Mr. Brewer then took up the Bill, seriatim, and dissected every clause by itself, with that precision and acumen for which the learned gentleman is so remarkable—even the “ solid parallelogram,” “ of which no one side shall be more than twice the length of any other side !! /” did not escape his minute and critical examination. Oh I shade of Euclid, how must thou laugh at the science and mathematical skill of our sapient senators !! As Mr. Brewer has kindly promised to give us a copy of his valuable speech for the next publication, we shall not attempt to follow him any farther. The third resolution was moved by Captain Clayton, (one of the largest landholders, and oldest settlers, in our colony,) in a very powerful speech. Captain Clayton, is possessed of extensive mercantile knowledge and business habits, animadverted in very strong and just terms on the mal administration of the financial department of this coloiv, and fully made out to the satisfaction of the whole meeting, that in order to keep up their lavish expenditure, the government had no alternative but either to dismiss half the number of their officers, or to draw upon the Home Government, or to endeavour to fasten like horse leeches, and to suck from the poor original settlers the last drop of blood, by means of the present Land Claims’ Bill. Mr, Johnston, from the Bay of Islands, and one or two more, got up to second Captain Clayton’s resolution, and to bear him out in all that he had stated. Dr. Martin moved the fourth resolution, and said, that in getting up to move the adoption of the resolution he held in his hand, he could not help expressing that he did so with extreme regret; but when he remembered the time that had elapsed since the Government came to this country, the promises that had been made to the settlers, and no sooner made than broken, the immense

amount of property that had been invested in the purchase of land, by many persons now present, with the fond expectation and honorable wish of obtaining possessions, on which, not only they themselves, but their children, and their children’s children, might set down in comparative comfort and peace. He must give the settlers of New Zealand credit for the patience and forbearance with which they had submitted to be so long trifled with, and so much disappointed. He felt confident there were no British subjects in the Mother Country, or in any ether portion of the British dominions, who would have so long subdued the lion spirit of the English heart, as the settlers of New Zealand had done. They had at first made every allowance for the peculiar situation •n which the government was placed, expecting that when they should be emancipated from the iron despotism of New South Wales, they would do them justice; but they have since discovered that-though the iron chain and fetter be removed, a simple hobble may be quite sufficient to impede

the progress of the government, and to mar the best intentions. He begged it to be distinctly understood, that he bad no quarrel whatever with any member of the Government, in their private capacity —on the contrary, he valued and esteemed the character of many o’f them ; His Excellency, in particular, he deemed to be one of the best intentioned men alive—but the most amiable and estimable person in private life may be calculated, in his public capacity, to inflict tjje greatest injury on society, and to accomplish the ruin of thousands, by the impolicy of his public measures. He could not at the same time conceal that he felt exceeding astonished that gentlemen so lately

arrived in our Colony, who might naturally b@L expected to be green and grassy with all the open, candid and generous feelings of Englishmen, should lend themselves to the invention of such a deep laid scheme for the accomplishment of the ruin of the settlers of this Colony. The intention of the lease was however discovered through the wisdom of two of the independent Members of Council, and the intricate web was beautifully unravelled by skillfully pulling by the thread, the end of which they themselves had fortunately placed in our hands. After reading the resolution, Dr. Martin remarked to the meeting, that he felt that in moving the adoption of the same, he was recommending to them the last resort, but the circumstances in which they were situated demanded that they should act with promptness, firmness and manly independence. As the Chairman had well and ably observed, they were not only contending for their own rights, but for the rights and liberties of every person now in New Zealand, and lie doubted not for those of every one who should in after ages succeed them. He begged to impress upon them that upon the measure now before the Government, and it might be upon the conduct of the present meeting, depended the destinies of a mighty empire.—The spot which they now occupied was, as had been well expressed in the first resolution, both in a geographical and hydrographical, and he might add (if he were allowed to coin a word) in an anthropographical point of view, the most interesting and important on the habitable globe. We were surrounded by innumerable islands teeming with inhabitants, who were ready and eager that we should plant among them the seeds of knowledge, of moral reformation, and of Christianity itself, and the accomplishment of these desirable objects might, under Providence, depend upon the stand we made to-day.

After a few more remarks from Dr. Martin in regard to Mr. Brewer’s exposal of the Land Claims Bill, he was followed by Dr, Campbell in K an exceedingly clever and facetious speech, in which he stated, that he fully concurred with the former speaker in all that he had said regarding the importance of New Zealand as the centre of the civilization of the Southern Hemisphere and the lovely Islands of the Pacific, as well as in respect of the conduct of the members of our Government, and their utter incompetence to maintain the same respect and authority among men ashore as he doubted not they were well calculated tc do aboard ship. And concluded to the amusement of the whole meeting by saying, that he was certain that every man in New Zealand would be extremely rejoiced at their speedily betaking themselves to their own native and proper element, where he hoped they would ensure to themselves that respect and esteem which he feared their political measures would never gain for them in this country. Mr. Montefiore in moving a vote of thanks to the independent Members of the Legislature in his usual happy manner, complimented them in the highest terms,* on their manly and independent conduct during the whole session, and for the anxiety with which they had watched the progress of every measure that affected the interests of the whole colony. He concluded by stating, that excepting one (unfortunately), they did not claim one inch of land in New Zealand, by purchase from the natives, and that they merited the greater credit on that account, for the firm stand they had made in support and defence of the original settlers and claimants of land. Dr. Martin begged leave to bear his testimony to all that had been said by his triend Mr. Montefiore, and said, that he did not now see any reason why he should conceal from the Meeting that an attempt had been made, before he was long in Auckland, to raise prejudices in his mind against them, on the plea, that one of them at f least, was too intimately connected with a large

settlement to the southward, the interests of which he regarded too much to care for that of the original settlers; he was happy, however, to say that since that time, he has had the honour of being frequently in the company of both Mr. Earp and Mr. Porter, and that he was fully persuaded, that none conld be more conscientiously anxious to advance the interests of the old settlers, and of the whole colony, than those gentlemen have proved themselves on all occasions to be.

Mr. Dalziel, in moving the sixth resolution, which was cordially seconded by Captain Wileiams, and supported by the chairman, took occasion to pay a high and flattering compliment to Dr. Martin, by congratulating himself and the other claimants on the arrival of Dr. Martin at such an important period ; they felt the necessity of strenuously defending their just rights, but they were weak because disunited. They had now, however, he was happy to say, from what they knew of his former exertions in the good cause, and more especially from the able

letter he had lately addressed to his Excellency the Governor, among them a person who was willing and competent to advocate their case, and that he had every expectation that lie would prove to those, who attempted illegally to deprive them of their possessions, the truth of the saying, “ Magna est veritas el prcevalebit.” After sundry other minor resolutions, the Meeting was dissolved. The utmost unanimity and good feeling prevailed throughout,. All the speeches were characterised by that coolness of temper and firmness of purpose, so becoming educated and injured men. It may be necessary to state, for the sake of our leaders in distant parts of this colony, as well as for the information of our friends in England and other parts of the globe, that the meeting, of which we give a faint and imperfect sketch, was called together at a very short notice, on account of the discovery made by the public, through the independent members of our Legislative Council, of an attempt on the part of Government to gull the people, by giving them a 21 years’ lease !! instead of the actual possession and right to the land, which, in their own unmeaning bill, they acknowledge to have been validly bought Ly the original settlers. Thanks to our independent members, Mr. Earp and Mr. Porter, for having detected and exposed the neophytes. The Government memhers attempted to play a game at chess, or rather at the *• thimble rig"— the Colonial Secretary played boldly at first, and expected that, by pretending that he and the public were only at variance on minor points, which could easily be settled amicably and justly, he could throw dust in the keen and far-sighted eyes of the two independent members. But he has been miserably disappointed. Long experience of men and manners enabled Mr. Porter at once to perceive the rotten state of Denmark. Mr. Earp hedged himself on the rock of honesty and integrity of purpose. This, together with his superior education, enabled him at once to take his stand, and, by his extraordinary tact and management, in the cautious and skillful movement of his pieces, took all their men, from the pawn, and the bishop to the fortified castle, until it is now pretty well ascertained that they must either give up the Queen herself, (or she them.) Mr, Earp played a noble game, and well has he deserved, not only of his constituents at Port Nicholson, but of every man in New Zealand, and of every person who loves honesty and hates hypocrisy. We were Sold by certain parties not long ago, that the members of the Government had no interest in the ruin of New Zealand—except the establishcf their own character; that they were young in office, and unlike men who had already acquired

and obtained a name. Wednesday’s shameful disclosure has stamped them with a name, and conferred on them a character not to be envied by ordinary and common men. A name which shall never be forgotten in New Zealand. The events of Wednesday shall be intimately connected with every page of her history, as the reward of arrogant presumption, and shameless political deception. They have obtained a name, “ which tyranny shall quake to hear,’’ at least in New Zealand.

In our former number we gently touched the whip. We shall hereafter take the stock man’s strong and long lash (if matters do not speedily change for the better), by means of every crack of which we shall make a sore—which shall not only bleed but fester. The Auckland land-jobbing will soon follow the “ Thimble Rig ” system. We sincerely wish for the sake of our common nature we may never witness such a lamentable exhibition as we did on Wednesday in the hall of our Council. We felt exceedingly both for the Colonial Secretary and the Attorney General, the attempt at smothering their natural feelings of justice by trying again and again to reassume the cloak that had been so completely taken off—was truly humiliating ; even Mr. Cooper himself felt for them, and endeavoured to administer comfort in his own kind manner, by seconding the Attorney General’s motion and the amendment of Mr, Earp on the same, thus trying with great skill to get them to shake hands politically. We trust the Honorable Members will not forget bis sympathy.