New Zealand Mail. PUBLISHED WEEKLY. SATURDAY, JULY 14, 1877.

New Zealand Mail, Issue 285, 14 July 1877, Page 12

New Zealand Mail. PUBLISHED WEEKLY. SATURDAY, JULY 14, 1877.

Until Parliament shall have met and the correspondence between the Agent-Gene-ral and the Immigration Department has been published, it is impossible to say all we might wish to say in regard to the compromise effected between Messrs. Sloman Brothers and Mr. Kirchner and the Government of New Zealand; but a glance over the Parliamentary papers of sessions 1874, 1875, and 1876, shows us at least that it was rather an ugly business under any circumstances. The transactions between the Government and the parties we have referred to were exceedingly peculiar at their inception. In the early part of 1872 Messrs. Louis Knorr and Co., a German firm, entered into a contract with the late Agent-General, Dr. Featherston, to procure within the two next succeeding years, and convey to New Zealand two thousand statute adults, for which the Government, through the Agent-General, contracted to pay £1 per statute adult as commission, and £l4 per statute adult as passage money, the contractors undertaking to recover £5, or a promissory note for that amount, from each emigrant. This contract was negotiated through Messrs. Sloman and Co., who, by the way, guaranteed its due performance. A certain number of the emigrants, about a fourth of the stipulated number, were despatched to the colony, when Messrs. Knorr and Co. suddenly declined to proceed further, on the ground that some difficulty had been created by the German Government, and their sureties, Messrs. Sloman and Co., also repudiated any responsibility. Dr. Featherston found himself unable to enforce the contract, and so the matter ended. In the mean time, however, it appears, the Agent-General became acquainted with Mr. Kirchner, who at the time was in the employ of the Queensland Government as an emigration agent, and in that capacity had despatched from Hamburg a large number of emigrants for that colony—the acquaintance resulting in an offer by the Agent-General to Kirchner of £1 per head if he could secure for the New Zealand Government German emigrants to the number of four thousand statute adults to be shipped for the colony within two years. Mr, Kirchner expressed readiness to perform the services if he were empowered, to charter Messrs.

Sloman and Co.'s ships in case he should be unable to engage the requisite tonnage elsewhere. Dr. Featherston, remembering the manner in which he had been treated by Messrs. Sloman Brothers, declined to have anythingmoretodowith that firm unless they carried out the contract, the due performance of which by Knoke and Co., they had solemnly guaranteed. It would almost seem that Kirchner was simply the agent of Messrs. Sloman, for no sooner was the screw put on their business in this way than they found out that the difficulties raised by the German Government had disappeared, and agreed to carry out the old contract. At the same time negotiations were entered into for the transfer of 1500 emigrants intended for the Queensland Government to the New Zealand Government, so that the end of the matter was that there were to be 7000 emigrants shipped to this colony by Sloman, Kirchner being engaged to select them, viz., 1500 under the agreement with Knorr and Co., 1500 transferred from the Queensland Government, and 4000 under the arrangement with Kirchner, who was now in the service of the New Zealand Government, under the same terms as he had acted for the Queensland Government. His salary was to be £4OO per annum, travelling expenses, and a refundment of other necessary expenses the agreement to remain in force until the whole of the emigrants had been shipped. These seem to have been the whole of the transactions between the parties, and it was a breach of these engagements that led to the trouble. It was alleged, we believe by the Agent-General, that in all cases time was the essence of the contract; that the validity of the contract to ship the second 1500 and the 4000 depended upon the faithful fulfilment of the contract as to the first 1500 —that the first contract had not been carried out by Messrs. Sloman, and that their laches in this respect had freed the Government of all liability in respect of the further contracts. However this may be, the matter culminated in Messrs. Sloman Brothers and Kirchner taking steps to sue the Government for £25,000. The position of the Government was a difficult one. No doubt it might be said that where there are written contracts all should be clear. But such unfortunately is seldom the case. The remark as to the possibility of driving a coach and four through any Act of Parliament, applies with as much if not greater force to contracts ; and in this case, where there appears to have been at least three parties concerned, each with independent interests, complications above the ordinary run of things might have "been expected to arise in the course of litigation. Till the last Dr. Featherston was firmly convinced of the inequitable nature of Messrs. Sloman's claim, a position in which however he was scarcely fortified by Messrs. Mackrill and Co., his solicitors ; but his lamented death still further embarrassed the matter. Much would have depended upon oral testimony, and in this respect every possible advantage lay with Messrs. Sloman and Co. Therefore 1 compromise was the only course open to the Government, and Sir Julius Vogel, with his usual tact, has conducted the negotiations for compromise to a most satisfactory conclusion. It is reported that Mr. Mackrill stated the Agent-General would do remarkably well for the colony if he induced Sloman to accept £II,OOO or £12,000. As to Kirchner, his claim for the full amount alleged to be due to him was considered valid. The Agent-General however has discharged the liability of the colony at a much less figure. About £9500 has satisfied Sloman, and a little over £SOO has appeased Mr. Kirchner. It is scarcely necessary to add, that while Sir Julius "Vogel can render such service as this to the colony, we must remain convinced that not only is the office of Agent-General absolutely necessary, but also that our interests are in very safe keeping when committed to the care of our late Premier.