New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Saturday, August 3, 1850.

New Zealand Spectator and Cook's Strait Guardian, Volume VI, Issue 522, 3 August 1850, Page 2

New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Saturday, August 3, 1850.

Our correspondent in our last number has directed our attention to a subject which we have hitherto neglected to notice, but on which we may take the present opportunity of making a few observations, more especially as it has been a fertile theme on which the learned editor of the Indej endenl has, for the last two months, well nigh exhausted the j powers of his Old Bailey rhetoric ; — we allude to the alleged misappropriation of the j Intestate Estate Fund at Nelson. Though often challenged by him as the Government organ to repel the charge, we have passed it over in silence and contempt, partly because we do not admit the soft impeachment, or acknowledge that our opinions are influenced in any degree, however remote, by the Government, and partly because we felt disposed to allow the learned editor to run the full length of| his tether, or to use his own choice expression — to give him rope enough — to let him say all he had to say on what, when the plain facts are told, appears to us a very paltry affair. Without then pretending to an} exclusive sources of information, we shall briefly relate the current, and as we believe the correct, account of this transaction. It appears that a sum of about £200 belonging to the Intestate Fund was lying in the hands of the Sub -Treasurer at Nelson : as an advance to this amount had been promised by the Governor- in- Chief towards the repair of the roads in that settlement, it was suggested to the Superintendent that this sum which was lying idle might be usefully employed for this purpose, and would be spent to the greatest advantage before the wet

weather set in, and the money to replace it would probably be remitted from Auckland before it was demanded. Major Richmond | seems to have acted on this suggestion and the roads were repaired, but before any remittance was received from Auckland application was made for the money by the agent authorised to receive it, and the applicant was referred to the authorities at Wellington who, until the reference was made, were in perfect ignorance of the circumstances. By them the applicant was again referred to the authorities at Nelson, by whom the money has been paid. Now we are quite ready to admit that Major Richmond has in this instance,— no doubt with the best intentions — committed a great irregularity ; and that, having taken, upon himself the responsibility of diverting thi^s amount from its proper and legitimate object, he ought, when the application was made, J at once without any.fiirther reference or question, as he might have done, and as he has since done, to have paid the money. However, as we have said, the money was expended by the authority of Major Richmond, without the cognizance or concurrence of the authorities at Wellington, for the good of the Nelson settlement in the repair of the roads, and after a delay of six weeks or two months has been paid to the party to whom it was due. On this slender foundation Mr. Fox has thought fit to advance all sorts of charges, to " unpack liis heart with words, And fall a cursing, like a very drab ;" to talk of Old Bailey honesty, and to accuse the Government of misappropriation, embezzlement, atrocious breach of trust, &c. We shall leave our readers to attach ! such importance to Mr. Fox's charges as in their opinion they may deserve, from the data we have furnished, and to form their own estimate of the good taste, temper, and regard for truth, with which these charges have been preferred, while we refer to the conduct of the Company of which he is ! Principal Agent, with respect to the Nelson Trust Funds. By the original scheme of that settlement a certain proportion of the amount received for the sales of land was to be appropriated to Religious uses, to establishing a College, ami to the purposes of Steam Navigation. The Company acknowledge that they have received the money, that they have spent it, and that they are required to make good a sum of at least £25,000 (the Nelson settlers say nearer £50,000) towards these prescribed objects. It were needless to expatiate on the advantages which would have accrued to Nelson from the proper application of these funds in providing for the spiritual, moral, and material wants of the settlement, or to dwell on the unsuccessful efforts which I the settlers have made to obtain redress and something like a settlement of their claims. All sorts of evasions have been resorted to, promises given which were never intended to be fulfilled, and expedients adopted merely to gain time, and put off the day of reckoning. In 1847 the Company admitted to Lord Grey that the money had been spent and that they had no means of making it good, and in the arrangement with the Government it was expressly provided that the sum of £25,000 together | with whatever balance which should, on a settlement of accounts, be found due to them, should be set apart out of the funds to be advanced to the Company for the ! purpose of meeting their liabilities to the Nelson settlers. But though more than eight years have elapsed since the Nelson Settlement was founded, and more than three years since this arrangement was made, the settlers have never been able to obtain possession of their Trust Funds, or a partial application of them to the purposes for which they were set apart, or even a settlement of accounts, and the Company will probably be extinguished in disgrace, and their Agent cease to enjoy his sinecure without the Nelson settlers obtaining any redress. We forbear from commenting on either case, we leave our readers to draw their own conclusions from the facts put before them, and decide to which of the

two the coarse and virulent invectives of Mr. Fox may be applied with the greatest justice.

The Poictiers arrived yesterday from Nelson, bringing the Sydney mail by the Torrington, which arrived at that settlement July 25th. The Sydney papers contain English news to 18th March, extracts from which will be found in our columns. The most important news by the Poictiers affecting the interests of the colony is - the dissolution of the Company in April, which is considered certain. There can be -no doubt that when the colonists are rid of their old man of the mountain they will breathe more freely, and brighter prospects will open to them. The Canterbury Association hive been incorporated by royal Charter, dated 13th November, 1849, and intend proceeding with, their undertaking without delay, We have reprinted from the Nelson Examiner, some, extracts from the instructions to the Agent of the Canterbury Association, originally published in a work entitlfed^the Canterbury papers, .",'.' The Poictiers has about fixty passengers for this place and Otago. The Lord WjL Ham Bentinck was advertized, to sail 20th March for Auckland and Wellington, and the Mariner for the Southern settlements on the Ist April.

Last Wednesday's Independent refers to the announcement of the immediate.introduction of Representative Institutions in this Province contained in its columns, which however is not to be found there. We suspect the editor must have been imposed on by some inveterate gossip who looks upon himself as an undeniable authority, and we shall not be at all surprised to find that the next Government Gazette contains, instead of any reference to Representative Institutions, the confirmation by the Home Government of the appointment of the non-official members of the Legislative Council of this Province.

The weather at Wellington, during the month of July, 1850: — Days of continued Rain 9 Showery days 11 Days on which no Rain fell 11 Nine shocks of earthquakes. Three strong. Highest. Mean. Lowest. Barometer 30-50 29"97£ 29-45 Thermometer 53° 42£0 32° Rain. . 9 inches, 34-100.