THE Otago Daily Times. "Inveniam viam aut faciam" DUNEDIN, WEDNESDAY, JUNE 22,

Otago Daily Times, Issue 784, 22 June 1864, Page 4

THE Otago Daily Times. "Inveniam viam aut faciam" DUNEDIN, WEDNESDAY, JUNE 22,

The meagre particulars contained in the telegram despatched after the Mail left, show at least the direction which the discussion of New Zealand affairs in the House of Commons took. It is very clear that what is called the Confiscation Act was the bone of contention, and that the Secretary for the Colonies thought it necessary to state he had already sent instructions out that its action should be suspended for j the present, and that if used at all it should be very much modified. It might be looked upon as rather a strange coincidence that this information should come to hand just at the time that the Governor and his Executive are understood to be at variance on the same subject, did not the more probable explanation appear to be that Sir George Grey had previously received private and confidential instructions such as those indicated hy the telegram. Siif.k a. siiiipQsitinn explains also what otherwise appears to be extraordinarily inconsistent conduct on the part of His Excellency. His refusing to give effect to the Act, after exceeding his powers by assenting to it without first referring it

Home for approval, would be strange inI deed unless he was in possession of some private information that led him to suppose he was to be instructed, as it now appears he has been by this mail, to suspend its operation. At any rate this is the most charitable view to take, and we. trust for Sir George Grey's own sake that his seemingly singular conduct to his advisers will be explained to have arisen from imperative, instructions forwarded to him from Home, but which he was forbidden to divulge. Of course, it is not to be denied, that if this kind of action has been adopted, it is an infringement of the Constitutional powers the Home Government insisted on conferring on the Colony. It is one thing

:or the Imperial authorities to exercise

their undoubted right of recommendation or even something stronger, and another thingfor them to exercise it in such a way as to make it appear, that the Governor on his own responsibility is placing himself in conflict with his Executive. Should it

turn out that Sir George Grey has acted on secret instructions his advisers will have the right to complain of the false position in which they have been placed.

It is not to be wondered at that the

Home Government objects to the New Zealand Settlements Act, which by the bye is the name of the measure generally spoken of as the Confiscation Act. It contains as we have before shown the very

features, which the Duke of Newcastle in commenting upon the necessity of a Confiscation measure characterised as most objectionable. Instead of asserting the principle that on.no account land should be taken from any but rebel natives, the Act gives the power of taking land indiscriminately, but promises compensation for the same to those of the disposssessed who are shown to be loyal. It is impossible to deny, that many of the Maoris would hold the loss of their lands to be beyond the reach of any money compensation, and again many would complain of having to cede their lands before the amount of compensation was decided on. Against these very plain arguments on the side of justice the Assembly decided in favor of expediency. It was alleged that an Act purely confined to empowering the confiscation of rebel lands would be useless, inasmuch as it would be impossible to decide before taking possession whether land belonged to rebel or friendly natives, and besides that such a j distinction would interfere with the | uniformity of the proposed settlements and the making convenient approaches to them. And so the Assembly decided to give, or rather to take, the power to aeize land anywhere within proclaimed districts, no matter to whom it belonged. The Legislature and the Governor knew that such^a course was ultra vires, because upon an analagous measure the Duke.of New-

castle had already expressed a decided opinion. When it was desired to make roads through and to establish permanent military stations on native land, in Taranaki, the opinion of the Colonial AttorneyGeneral was sought. Both Mr Sewell, and his successor Mr Whitaker, gave it as their opinion that the Crown had the right to step in and take possession of native lands for roads or for military purposes. Mr Sewell did not think that the Colonial Legislature could exercise such authority, the power rested only with the Sovereign—Mr Whitaker was not explicit in regard to the Assembly, but agreed with Mr Sewell as to the right of the Sovereign. The matter was referred home to the Duke of Newcastle, and here are extracts from his Grace's reply. I should hesitate to art<nit, as a matter of strict Law, that herMnjesty had the power without any Legislative sanction, of r.ppropriatin? for any ' purpose the]acknowledged property of any of her i subjects. I

But even if it wers trua that the peculiar legal condition of New Zealand authorised the application of fchis arbitrary principle, I am of opinion that the question cannot be dealt with as one of strif.fc Law. With a large proportion of the native population eifher already in arms or prepared to take them up in defence of their supposed rights, and most especially of riahts to land, policy not less than justice, requires that the course of the Government should be regulated with a view to t'ue expectations which the Maories have been allowe 1 to base on the Treaty of Waitangi, and the apprehensions which • they ha.ye been led to entertain resppo'ing the ob ervance of that teaty. I cannot doubt that the proposed ippropriation of land, if effected contrary to the wiil of the ■ wner, find jusfified on principles which, whether technically correct or not, are alike contrary to the principles of English and Native -aw, would be cossidered as a violation of native rights, would he resisted-on the spot, and would provoke throughout the Islands warm resentment and general distrust of British goocl faith. It will to very fortunate if, under these circumstances, tie Colony escapes the revival of the war, now happily dormant, in more than its original intensity. Although, therefore, I roiy regret that the inhabitants of Taianaki and o'her places should remain without the advantage of roads which •would add materially to their convenience and security. I am not of opinion that these advantages should be obtained at the risk of reimposing on her Mi-jetty's subjects in the United Kingdom the cost, aud on the colonists the cost and clnnger3 of a native war. I think that her Majesty's troops ought not to be employed in a war so originating; and I think that unless the colonists are prepared to assume its entire burthen they must be Content to remain imperfectly proucled with the means of communication until tfeey can pevsuade their neighbors by peaceable Divans to submit to what is for the common good

i need hardly add thai I shall view wibh more than regret tha adoption by your Government of the course which appears to bo indicated in the enclosures to jour riespiteh.

There can be no question as to the meaning of this opinion. Even if the Crown had the right pretended, it would not exercise it, and the concluding sentence almost amounts to a threat—his Grace will view the adoption of the course suggested with more than regret. The New Zealand Settlements Act is in direct opposition to the principle laid down by the Secretary of State, and it was passed and assented to with a full knowledge that it would meet with objections at Home. ISTo doubt there will be a great outcry against Imperial interference, but the colonists will have little right to raise it. Apart from the principle of the Act being opposed to what were known to be the opinions at Home, it cannot be asserted for a moment that the Imperial Government ifas not the fullest right to interfere in the disposal of the land conquered by the troops. It was, in fact, a piece of imperti- ! nence on the part of New Zealand to assume to have the right to definitely dispose of the territory obtained for it by Imperial assistance, without consulting the Imperial approval. The Home Government has a twofold right to interfere— one based upon its interest in the land conquered by its troops, the other founded on the assumption that the local Act conflicts not only with the law of England, but with the obligations entered into by the Crown. It 13 to be hoped whatever may be said in the controversy that is likely to arise, that there will at any rate be no revival of the stupid complaints against the Home authorities that formerly used to be the favorite theme of a portion of the Press and of not a few public men.

It remains to be seen exactly what the Home Government requires, before it is safe to definitely express an opinion as to the amount of concurrence that should be yielded. If the Colonial Legislature is asked to expunge from the Act all the power to seize the lands of friendly natives it is not to be denied that the demand is a just one. The Act shonld in fact be made to carry out purely the confiscation of rebel lands, and nothing more. If, beyond this, the Home Government choose to say it is not desirable to exercise the confiscation to its fullest extent, it will be hard to deny that the assistance rendered by Great Britain, en: titles it to put in a plea for merciful con-1 sideration on behalf of the subdued rebels. The Colony will have, of course, to submit to whatever the Imperial Country decides on ; but submission is not acquiescence. If the Colony is expected to agree in any modification of the confiscation of rebel lands, it must at any rate insist, as far as lies in its power, that enough land be retained for the Military Settlements it has decided to form. Only by these settlements can security be obtained against future uprisings on the part of the natives, and it would be worse than folly to abate by a single acre the quantity of land required to give the fullest, effect to the military settlements scheme. But beyond that other considerations arise, the Colony has no right to demand that the conquered land should be sold to recoup it its expenses until the Imperial expenses are paid. It is no doubt right in theory that the Maories should be made to pay the penses of the war ; but the priority of claim, to such repayments belong to the Imperial Government, and if it decide to relinquish it the Colony can hardly do less. Besides the land given to the mili-

tary settlers represents, in some sort, a substantial payment.

We are, of course, arguiug in the dark, since it is impossible to know what modifications of the Act the Imperial Govern - tnent will decide on asking. The question arises, what course should the Colonial Government adopt? As long as the dispute was between the Governor aud his Executive, the latter were right in leaving to the former the responsibility of calling the Assembly together; but if the Governor has to suspend or modify an Act of the Assembly, in obedience to instructions from Home, the matter becomes very different. In assenting to such an overriding power, the Government would become a party to it, and tacitly admit that the laws of the Assembly were amenable to such a revision. It is for the Assembly to resolve what attitude to take. The Colony will doubtless have to submit to the Imperial dictum, but it is for the Assembly to decide whether to acquiesce in the modifications or alterations desired, or to throw the whole responsibility of them on to the Imperial Government. In taking any action in the matter the Colonial Government will be most improperly committing the Assembly. The position is a very simple one; the Imperial Government offers objections to a most important measure passed by the Assembly; the Assembly should be convened to consider these objections and to decide upon what coarse to take in regard to them.

The enthusiastic welcome accorded by the English people to the illustrious Hero of Italy, affords another proof of the deep sympathy of the British nation with patriotic attempts to subvert tyrannical government ; and its fervent admiration of the character of those who with no views of personal aggrandisement to serve, have devoted their energies and life to the cause of liberty. The late Garibaldi demonstration is one of those events which, whilst undoubtedly pregnant with political influence can scarcely be said to have had any definite political meaning. Infer - entialiy, the ovation accorded to the champion of Italian liberty, was a protest against the powers and systems which Garibaldi had done so much in overthrowing. But the pervading idea in the minds of those who welcomed Garibaldi to the shores of England was an intense admiration of the Man; veneration for his unselfish character, and that mixture of all the enthusiastic feeliuga which Englishmen, of all others, so freely accord to the brave. In Garibaldi were centred almost every qualification of ! the Hero; few men in modem times have developed in so high a degree those qualities which constitute a popular idol. Physically and morally Garibaldi was a man to respect and love. He had proved not only that he possessed the skill and talents of a great commander in war; he was not only the hero of a hundred victories on the battle field; but he had proved himself to be above those weaknesses which even great conquerors have so often been guilty of. Success did not demoralise him ; he was never carried away by. the very natural and too common inflation of power. As in victory so in misfortune; the same nobility of character shone forth in captivity as in the hour of conquest. He united to a fervid enthusiasm in his country's cause, a neverfailing belief in its ultimate success. Garibaldi, indeed, may be justly regarded as the . modern type of the true patriot.

It was this embodiment that the vast multitudes which thronged the streets of London worshipped. They cared little for the political significance of the ovation, and had no thought of those sinuous intricacies of State policy, which pervert generous sentiments and would conceal the real under the mask of pretence. And yet. impulsive and spontaneous as was London's welcome to Garibaldi, it had beneath the surface a deep po litical meaning. It showed to the world that the cause of liberty was the cause of the British nation, and that, whatever considerations of State policy might dictate, the people of England would at least afford moral support to the cause of freedom all over the world. But, beyond the fervent enthusiasm of the masses, was the no less heartfelt, if more stately, tribute of respect and admiration paid to Garibaldi by the great and noble of the land. From the Heir to the Throne downwards, through the ranks of nobility, literature, and science, all hastened to do honor to the liberator of Italy. They at least knew how to identify the Man with the Cause, and in paying homage to Garibaldi, they stamped that homage with the impress of the cultivated intellect of England. It is impossible that this deep seated feeling manifested as it was by all classes of society should not exercise an influence on the political relations of the nation. However mush the interests of diplomatism might demand a reserved or dubious attitude, there must be to a certain extent a reflex of the popular opinion; no British Cabinet can wantonly fly in the face of the expressed feelings of the nation, and it 13 not to be expected that any Minister would attempt to direct the foreign policy of his Government, in positive opposition to the public opinion of his countrymen. It is very likely that the absolute Powers of Europe regarded the Garibaldi demonstration with feelings of intense alarm, and that an impetus was given by it to revolutionary tendencies. France could hardly regard ' with kindly feelings a powerful manifestation in favor of one who has all 1 along demanded the recall of the French troops from Kome. Austria must have felt positive alarm at the outburst of British enthusiasm in favor of the man who had above all others done so much to destroy Austrian power in Italy. It is just possible, nay even probable, that complicated interests rendered it expedient

that Garibaldi's through England —almost regal in its nature—should be shortened, and it is the only reasonable supposition to account for his sudden departure. We have the assurance of Cabinet Ministers that they were not accountable for Garibaldi's unlooked-for return to his island home, but yet there is sufficient ground for the belief that questions of foreign policy interfered with Garibaldi's visit, and that his ready acquiescence in what was considered to be right led to the disappointment of the inhabitants of the English Provinces ; and surely, no public disappointment ia greater than the non-appearance of a publi& Hero, to welcome whom the most extensive preparations had been made. But so it was; Garibaldi, after receiving the homage of the great metropolis suddenly returned to e Caprera. There are those who ascribe his sudden departure to> the strong pro - Gsnnan sentiments of the English Court. Others again declare that the urgent objections of Napoleon were the principal cause of Garibaldi's disappearance. We believe neither one nor the other, but we are willing to admit that the pro-German tendencies of British diplomatism have had a wide and deep effect, and that much has under such, circumstances been done in the name and. on the behalf of the Nation, which under a regime less inculcated with German ideas, would never have been effected. It does not, just at this moment, suit England that she should go to war with Austria, nor is it convenient that tiie Homan policy of the French Emperor should be too strongly stigmatised. Thus Garibaldi's mission to England turned out in one sense a failure, but to our minds his greatest triumph was not the rpoatr.ueous admiration and enthusiasm r?i' the hero and his cause, but the poimeai importance with which his visit was ivganku by the " powers that be." It is quite- true that Garibaldi is a man as much to be feared as loved. He received the first outbursts of public affection and then retired, because his presence was considered dangerous- to the foreign relations of the British Government.

We have been requsstcd to contradict a paragraph which appeared ia the letter of oar Lake Correspondent, a short while ago, to the effect that difficulties had been, thrown in the way of the Arrow Quartz Rsef Company by the Gold Fields' Department. We are assured that the statement i 3 incorrect, and that so far from interposing any obstacles the Gold Fields' Department at once forwarded the application for a, lease, put in by the Company, to Auckland. The necessity of referring all applications for leases to Auckland often leads to the impression that the Gold Eields' Department is allowing an undue delay, when it is only obeying rules and regulations over which it has no control.

The Civil Session of the Supreme Court was commenced yesterday, before his Honor Mr Justice Richmond. The first case, Smeeth v. Nesbit, was one of crim con. The facts were almost revolting ; and the case was stopped in deference to the opinion of the Judge, who declared that it was a disgrace to> the solicitor who brought it into Court. Verdict for the defendant, who is the well-known. " Scotch Jock." Ford v. Telfer was au action, for a breach of promise on the part of an old widower to marry an elderly widow. The evidence was funny enough, although there were no letters and not a shadow of romance in the matter. The plaintiff was formerly a dressmaker in George. street; and the defendant some time ago retired from the business of a cabinet maker and piano- fortetuner. After being locked up until 25 minutes before eight o'clock, the jury found for the plain tiff—damages, Is.

The usual weekly meeting of the Town Board was held yesterday afternoon. The answer of the Government to the memorial and resolutions of the Board on the subject of the L 35.000 loan was not received up to the hour of meeting yesterday, and it was therefore resolved not to hear any report from the Committee who waited on Government until a written answer should be recdved. At the close of the ordinary business, the Board adjourned to Thursday, at two o'clock, when it is expected that some definite answer from. the Government will be laid before the

Board

The " Portland Guardian,1' of 2nd June, gives the following graphic account of a whale hunt in the bay:—" This season the whales are putting into the bay before the whalers are ready to receive them. Some weeks ago three were ohservei within the Lighthouse Reef, and yesterday afternoon a whale of immense size paid us a visit, and in his journey came close enough, if any way sharp sighted, to inspect the architecture of the new jetty. Having satisfied his curiosity apparently in that respect, hs swept north till coming to the reefs near 'which the buoy is placed, directly opposite thß North Bluflr» he amused himself for some time with an occasional spurt and roll, the latter probably to clear his back of the barnacles, the former to show his satisfaction when more than ordinarily successful. Whilst amusing himself at the buoy, two boats (a whaler and ' pick-up') were manned with volunteers, and an exciting chase ensued, which lasted the best part of three hours. The whale first directed his (her) course to the Narrawong coast, then swept round the bay westward, keeping pretty well in shore, the boats following as quickly as about a dozen sturdy rowers could propel them, whilst the coast line jetfcy and everj high point of vantage, was lined by excited people, who viewed the sport evidently with as much zest as if it had been, a horse race. The excitement isteasified as the monster, in his return journey, neared the Whaler's Bluff and the betting was about even, the odds rather in favor of tb.e whale— some said the boat, others swore the whale would have the best of it and for some minutes the race was nearly neck and neck, probably not more than twenty yards between the competitors, but the whale had the lead and front this point maintained his advantage. He swept once more past the new jetty and for this time, at least, bid his appointed pursuers tarewell. The whale boat, on her return, is said to have been half filled -with water, and this, probably, retarded her progress and. aided the escape ot the monster. It is affirmed that more whale feed is now along the coast line of the bay than lias been seer; for the past. six years.

"The Merchant of Venice" was repeated at the Princess' Theatre, last evening, to a

rather thin house, the bad attendance being

no doubt due to the effect on the roads of the thaw which continued throughout the day.

We so recently noticed the performance of the play, that we need say no more than that last evening it passed off most successfully. Is it not in questionable taste that bit of "business" between the Jew and Gratiano, at the end of the trial scene ? It is bad «nough that the fifth act should be omitted ; but surely the har3h impression which is thus apt to be left on the minds of auditors nee,d not be intensified by the Jew aiming a blow as if he would like to sheathe in the hearc of Gratiano the knife which that merry gentleman has picked up and returned with mock politeness. Why should the knife be touched at ail, after it has fallen from the paralysed hand of the bafflad Jew. The tiling struck us as a piece of funny melodrama wholly oat of place. Miss Lizzy Royal recjived her usual encore. She substituted '*' Sweet spirit, hear my prayer ," and we shall venture to hint that she " dragged" the air somewhat, arjd so lessened its effect. '" Hamlet" is announced for this evening.

The parade of the Dunedin Volunteer -Naval Brigade will take place this evening, at seven o'clock, iostead of to-morrow, as previously announced. The Brigade will meet on the Octagon, on Saturday afternoon, at half past three o'clock, weather permitting. '

The " Gipps Land Guardian," in allssion to the supply of fish caught on the shores of that district remarks :—" The immense, almost miraculous, draughts of fishes obtained by the only.fishing boat Port Albert possesses, the evident plenty of fish and the lucrative nature of the pursuit, lead to the belief that, without in any way injuring those who at present possess the monopoly, there is ample Toom for many more to enter the trade. Hauls of from two to three tons are of common occurrence, about half the quantity being forwarded to Melbourne by the steamers, and the remainder being kept and cured for the same market. We have no means of calculatiog the value of each consignment, bat inasmuch as at least one-half of those sent consist of whiting, mullet, pike, and really prime fish generally, it must be a very paying occupation. Of course Port Albert gets no fish at all. While the fishermen can make money wholesale, and without much trouble, i| is not likely that they will bother themselves about hawking their fish from door to door for the ■sake of selling twenty or thirty shillings' worth. They will sell them at the boat, but, as a general rule, the public decline that way of doing business, and stick to butchers' -meat."!

The "Kyneton Observer" of June 7th, -gives the following account of a fatal accident at Malinsbury:— ". On Saturday even ing, between six and seven o'clock, the inhabitants <yf Malmsbnry were shocked to hear that in their very mid3t a fellow creature had been burnt to daath. It appears that a person living in some of Mr Tyson's premises <vent to the shop and told Mr Tyson that they thought something must be on fire in the house occupied by Mr William Hollyman. Mr Tyson ran over, and finding the. door locked forced it op?n, and as soon as the smoke was sufficiently cleared off to allow of entry, the horrible ftict was discovered that the wife of the proprietor was on fire, and so burned that she died in a few minutes after. Hollyman had gone to the Castlemaine market, and Mr Hookey started after him and brought him home. He arrived about one o'clock on Sunday morning, as may be expected, in great trouble of mind. Very great sympathy is felt for nollymarc, as he is much and deservedly respected."