NELSON.

Otago Witness, Issue 39, 14 February 1852, Page 3

NELSON.

On Thursday morning we had an important arrival from England; the fine new ship " Maori," with fifty-three passengers, a great part of whom are for this place, after a quick passage of 105 days, arrived in time to be greeted with a Christmas welcome. By this opportunity we have returned to us one of our

"i oldest settlers, Mr. H. Seymour, whose duties, as the principal agent for the absentee proprie.tors of land in Nelson, took him to England two years ago ; and the result of this journey will be, as we hope, beneficial to the settlement, from the more extensive powers which many of the absentees have given to their agents to deal with their land here. — Nelson Examiner, December 27. Harvest. — Harvest was commenced in seI veral places during the past week, and grain crops are everywhere most abundant. In Wairaea West, Mr. Redwood has a large breadth of wheat on newly-worked land, which, we believe, will yield from forty to fifty bushels an acre ; we have heard it estimated as high as sixty bushels. — Ibid, Jan. 3. The " Examiner" of Jan. 3 publishes a highly complimentary address to Capt. Petherbridge, of the " Maori," from the passengers by that vessel; and they have also presented him with a purse, to purchase a piece of plate, on which iis to be iiibcribed, " Presented to Captain i Charles Petherbridge, by the Passengers of the ' Maori' on her first voyage to New Zealand, j 1831." (Horn tin- Government Gazette, Jan. 13.) Colonial Secretary's Grace, I Wellington, 9th January 1852. I His Excellency the Governor-in-Chief has i been pleased to direct the publication of the , following despatch from Earl Grey, dated the Bth of August 1851, together with the enclosed ! Act of the 14th and 15th Viet. c. 86, intituled | " An Act to regulate the affairs of certain set- ! tlements established by the New Zealand Comj pany in New Zealand." | His Excellency has further directed the pubj lication of the Terms of Purchase and Pasturj age of Land in the Settlements of Wellington, i New Plymouth, and Nelson, which are brought into force by the Act of Parliament aforesaid. And His Excellency directs it to be notified, | that all proceedings under the Ordinance of the ' Legislative Council of New Zealand, Sess. XL ' No. 15, intituled " The New Zealand Company's j Land Claimants' Ordinance," will for the prel sent be stopped, and that the same course will | be followed in the Province of New Munster, i with respect to the Rules and Regulations for , the issue of Pasture and Timber Licenses, and ! for the occupation of the Waste Lands of the l Crown, which regulations are for the present superseded by those now published. By His Excellency's command, Alfred Domett, Colonial {Secretary. (Copy.) Downing Street, Bth August, 18.31. I Sin, — With reference to a series of despatches i which I addressed to \ou on the 19th March last, ou the subject of the management of the affairs of the New Zealand Company's Settle- ; ments, I now transmit to you six copies of an Act for the regulation of the affairs of those settlements, which has just received Her Majesty's assent. 2. This Act has by no means determined all the questions which may arise with respect to those settlements in so satisfactory a manner as I could have wished. But inasmuch as the Terms of Purchase were held by the Law Advisers of the Crown to be binding on Her Majesty as contracts of the New Zealand Company, Her Majesty's Government did not consider it to be competent to them to get rid, as fully as might, perhaps, have been desirable for all parties, of the impediments to uniformity of management of the Crown Lands of the colony which those contracts create, without the assent of the other parties to the contract, namely, the Landpurchasers, which at this distance it was impossible to secure. 3. The Act, however, leaves it in the power of Her Majesty's Government to make Terms and Regulations for the management of the lands comprised within the settlements of Wellington, New Plymouth, and Nelson ; but not so as to alter the price at which they may be offered to purchasers. This must remain fixed by the terms now in force in each settlement respectively. 4. Considering the great amount of land in •and near the settlements, which is now in private hands and can consequently be disposed of at any price, I cannot but feel that there is little or no prospect of completing the settlements on the original Terms. And if the settlers are of the same opinion, and are willing to have the price so reduced, I cannot doubt that an unanimous or general expression of this sentiment on their behalf, will be sufficient to enable Her Majesty's Government to obtain from Pailiament on another occasion a relaxation of this still existing restriction. " ■ 5. In other respects the modification of, the existing Terms will be in your power : and youi are authorized by He.r Majesty to make; '(by," yourself or- through the intervention of the

Lieutenant-Governor) any such modifications in your discretion, subject to the ultimate approval of Her Majesty's Government. But this is a power which you are not to exercise except with the general assent, ascertained in such manner as you may think most advisable, of the settlers themselves. You will remember that they established themselves in the settlements under the inducements afforded them by the terms in question ; and that although, from the difficulty of giving them in their unincorporated state any powers by Act of Parliament, it has been found more convenient to take those powers for Her Majesty's Government alone, it is not the less necessary that their interests should not only be fully considered, but their opinions also consulted and acted on. And if any scheme can be devised by which the management of the internal affairs of the settlements and distribution of the funds can be placed in their own hands, I shall have great satisfaction in entertaining it.

6. Power is also given to you to determine the Local Boundaries of the settlements: a power which in my opinion you already possessed, and as to the exercise of which I have addressed you before, but which it was desirable to confirm by Act of Paaliament.

7. You are also authorized to " close and determine the affairs" of the settlements. This is a power only to be exercised in concurrence with the settlers themselves. If they shall in any settlement determine in such a manner as to leave no doubt of the general sentiments prevailing among them, that the original scheme as devised by the New Zealand Company ought no farther to be carried into execution, but that the settlement should cease and become included under one common administration, with the other Crown Lands of the colony, you are empowered to accede to their wishes. But this is a power on no account to be exercised except with their full concurrence, nor without prior consultation with the Secretary of State.

8. The remaining clauses of the Act relate to the management of the Nelson Trust Fund. The circumstances under which that fund arose are described in the recitals, and you will observe that its amount is as yet unascertained. It is to be administered by a Board of Trustees. But it was not thought advisable, in the absence of particular local knowledge, to insert in the Act particular provisions of the nature of those described in Sec. 5, as to the conduct of the Trust. Power to enact these necessary provisions is left instead to the Local Legislature : and it will be necessary that they should be speedily exercised ; but for this purpose you or the Lieutenant-Governor will consult with the nominated Trustees themselves, to whom it will be necessary that a copy of the Act should be transmitted, and their attention immediately invited to its provisions.

9. Unless it is the strong wish of the Trustees themselves, or the Nelson settlers generally, that any control over the accounts, or over the appropriation of the Trust Fund, should be reserved to the Local Government, it is certainly not advisable that any provision giving it such control should be inserted in these laws. The Local Government should be ready to render the Trustees any assistance (not involving expense to the community) which is really desired by them : but it is far better that the responsibility for the management of this Fund should be towards the Landpurchasers themselves, who are the parties interested. You will observe that the power to make laws for this purpose is given to the General Legislature, but with power to delegate it to that of the Province. In the uncertainty which prevails, and must for the present prevail, as to the ultimate form and powers -of the Provincial Legislatures, I have thought that this provision will best meet all the circumstances of the case.

10. On the subject of the expense of administering these settlements, I have nothing to add to the discretion given in my despatch of March 19th, circumstances remaining the same. So long as the receipt of Land Revenue in these settlements continues to be quite insignificant, I hope that the special expense which they may occasion is also very trifling, while if any circumstances should revive the demand, the Land Fund, especially with the power which you will now possess to vary the Terms, and appropriate larger sums to management (if more management is required) will meet the exigencies of the case. - 11. Section 10 of the Act is intended to meet

a difficulty which is thought to have arisen, and to which I referred in my despatch No. 47 of 31st May last, as to the decision on conflicting claims on the New Zealand Company's Land Orders, through the Company's notice of surrender: and its provision, which is of a strictly legal character, will be easily apprehended by your law advisers. 12. By the printed correspondence which accpjnp&nies this despatch, you will learn that the Act as now passed contains only part of' the

provisions as originally intended. Those which nave beeen omitted formed a plan for changing the present liability of the Land Fund for £268,370 to the New Zealand Company into a liability to the extent of £200,000 only, but charged in the form of debentures both on the general and land revenue of the colony j with power to holders of those debentures to commute them for remission orders available at sales of the demesne lands.

13. This was an arrangement which I considered could only be properly adopted with the general concurrence of all parties whose interest it would have affected, so far as this could be ascertained without the great delay of communicating with yourself. When, therefore, it became apparent that it would meet with the opposition of some of these parties, I had no doubt that it ought at once to be abandoned.

14. I am still, however, of opinion that the arrangement is one which it would be for the interests' of the colony to effect. The continuance of the claims of the New Zealand Company upon the whole proceeds of the land revenue, except that portion of them which may be expended on emigration and surveys, will create so much difficulty in the management of the Crown Lands and in the extinction of Native Titles, and will thus prove so serious an obstacle to the progress of the colony, that I think it would be well got rid of by the exchange of this claim for debentures on the terms proposed.

15. For although the annual charge on the resources of the colony for the interest on the £200,000 would, no doubt, be a serious incumbrance, it is to be remarked on the other hand that the whole capital of the Company has been sunk in forming these settlements : in addition to which, large sums advanced to it by Parliament have been applied to the same object, as well as annual grants to a large amount which have afforded means for carrying on the important public works which have contributed so much to the prosperity and peace of the colony, without interfering with other objects. 16. Considering the extent of the advantages thus conferred upon the settlers, it does not seem that the annual charge which it was then proposed by way of commutation to transfer to the General Kevenue, which would have been one for which the settlers would have had to complain that they had not received an ample return. Nor would the debt, in the form in which it was thus proposed to establish it, have proved any more serious obstacle to the progress of New Zealand than a debt incurred under somewhat similar circumstances, and which has already been in a great measure liquidated, did to that of South Australia.

1 7. The subject must, however, now be left for the consideration of the Local Legislatures, with which I have no doubt that Parliament will be ready to co-operate for such a purpose.

I have transmitted the Act with a copy of this despatch to Lieutenant-Governor Eyre : but have informed him that he is to take no step in order to carry it into execution without previous consultation with yourself, or authority from you. — I have, &c,

(Signed) Grey. Governor Sir George Grey, X.C.8., &c, &c, &c.

We extract the following letter from the " Independent," which was written by Mr. Fox, and addressed to the Chairman of the Settlers' Constitutional Association, Wellington :—: — Parthenon Club, London, August 8, 1851.

Sir, — In my capacity of Honorary Political Agent for the Settlement of Wellington, I have the honour to report to you, for the information of the Colonists, the progress which has been made in this country on questions affecting the Colony since I arrived in England in June last.

1. The most important and vital question of Self-Government. I found, on my arrival in London in the middle of June, that notwithstanding Lord John Russell's distinct pledge given in May 1850, that he would legislate on the subject in the ensuing Session, nothing whatever had been done, nor had any allusion to it been made in either House of Parliament. At this period of the Session it was too late for legislation on a subject of such importance, nor was there even any prospect with a Session so far advanced of securing attention to a discussion on the subject in the House of Commons. It was, however, the intention of the Duke of Newcastle to raise the question in the House of Lords, so as to bring it fully before the public, and to obtain if possible a pledge from the Government, that it would legislate upon it at the commencement of next Session. The Cape of Good Hope question, and the death of Lord 1 Dejrby, led to the postponement of His Grace's motion from time to time ; and then, just as he was about to give notice of it, the New Zealand Company's Bill (of which I shall have occasion to say more presently) was introduced

into the Lower House, and ,in the expectation that it would reach the Upper, the Duke again deferred his motion, intending to make it on the second reading of that Bill in the Lords. The Bill, however, being defeated in the Commons, and it being now the] very last week of the Session, the opportunity/or a general discussion had passed ; His Grace was compelled to abandon .his Intended motion, and confine himself to putting a question to the Government as .to their intentions in reference to legislation on the subject next Session.

I have had several interviews with His Grace during the progress of these events and have found him thoroughly informed on the New Zealand question in all its bearings, and also determined to bring it forward at the very commencement of next session, unless Ministers themselves proceed to legislate upon it in a satisfactory manner. From His Grace's high character as a Statesman, and his ability as a politician, you may rely upon his doing whatever he undertakes thoroughly and well, and, feel assured that the interests of the colony could not be in better hands.

You will however be desirous to know to what cause the ommission of the Home Government to legislate during the past Session, after Lord John Russell's promise, is attributable. There has been no extraordinary pressure of public business, nor with perhaps the exception of a single question, any which has at all engrossed public interest or drawn attention from other matters. The delay is I believe attributable solely to the policy pursued by Sir George Grey in the colony, and the despatches he has written on the question of selfgovernment.

If you look back to his despatch of March 1849, in reply to the Wellington Petitions, you find him urging every possible ground of delay. He enumerates " the disappointed applicants for office, the landsharks, the aliens, the various persons arriving from the Pacific, the Americans and others disaffected towards the British or any Government," with whom he finds the colony is teeming. He hints at the probability, nay almost certainty, of your quarrelling with the Natives, if entrusted with self-government, and he asks what advantage is to be gained, by conferring such powers on so small a number of Europeans, whose revenue arises from an expenditure derived from the British Treasury, and much more to the same effect. All this is urged with the utmost earnestness and zeal, as by one who regarded the adoption of his views, as of vital consequence, and any other course as fatal to the existence of the colony.

Now, if you turn to his despatch of the following November, (184.9, written just nine months after the previous one,) in which he recommends the introduction of Self-govern-ment, you will find it written in a cold and unemphatic manner, as if at all events the matter v^as on?, which he cared little or nothing about, and certainly not calculated to efface the glowing picture drawn by him nine months before, in which the landsharks, aliens, Americans, disaffected persons, and impending native disturbances were paraded with such force and effect, and with all the hand of a great master.

I certainly cannot blame the Home Government if, with such documents before it, it paused before acting on the recommendations contained in the latest. " Here," they would naturally say, " we have Governor Grey telling us in 1848, that of all the colonists he ever met, those of New Zealand were the most fitted for Self-government. We act on his recommendation, and send out a Constitution. Scarcely does it reach him, when we receive his protest against such a step : and these colonists so well fitted for Self-government, are presently painted as landsharks, aliens, Americaus, and other dreadful characters. In nine little months, however, these disturbers of social peace disappear from the scene ; halcyon days return ; and we are assured once more, that New Zealand is ripe for the Institutions of freedom. If we act on this announcement, and bring in a bill, it is more than probable, that before it reaches its second reading this versatile gentleman who rules in the Pacific will be telling us that it is all a mistake, that the Americans, the landsharks, the aliens, and other disaffected persons, have re-appeared on the stage, and that Self-Government must on no account be bestowed. The Colonial Office has not much character for consistency to lose, but that little we must not risk, by acting on the suggestions of one who appears never to know his mind for six months together. At all events we will let this Session pass over, and see whether he perseveres in his present recommendation." This, there is every reason to believe, is the real ground of the delay ; and if you look at the despatches referred to, I think you will admit, that the Home Government has at all events acted prudently in adopting such a course ; though undoubtedly they, would have acted more wisely if they had disregarded altogether such inconsistent advice, and acted on

their independent judgment, as I hear they are likely to do next Session, when any measure they may introduce will not be in accordance with the form of Government proposed by Sir George Grey, and laid before the colonists by him last year.

On the whole I think there is every prospect, notwithstanding Sir George's despatches, that next Session will not pass over without provision being made for bestowing on the colonists, without further delay, those rights of which you have been so long deprived.

2. The Company's Bill, to which I have above alluded, requires a few words. Almost at the very end of the Session, a Bill was brought in by Mr. Hawes, the Under Secretary for the Colonies, under the modest title of the " New Zealand Settlements Bill," which had the following objects : — 1. To make the debt due from the Home Government to the Company, (£200,000) a charge on the General Kevenue of the colony, next after the Civil List. 2. To enable the Colonial Office to alter and amend the terms of sale of Waste Lands at pleasure within the Southern Settlements. 3. To provide for the adjustment of the Nelson Trust Funds. 4. To confer powers on the Local Government to issue conveyances to purchasers, under the Company.

The introduction of the Bill was opposed by Mr. Gladstone, Mr. Adderley and Mr. Vernon Smith ; and on a point of form postponed for two days. Before it re-appeared, all that which related to the Company's debt had been withdrawn. The unlimited power proposed to be bestowed on the Colonial Office to regulate the price of land, and the reference to the Lords of the Treasury of the dispute between the Nelson Land purchasers and the Company relative to the amount of the Trust Funds, led to further debate. On the former point the Bill was again modified, and on the latter, an arrangement was entered into between the Colonial Office and Mr. Tytler, who represents the Nelson settlers in this matter, which was considered by him as satisfactory. The Bill, therefore, as passedwill I hope prove altogether innocuous.

The utmost vigilance, however, must be exercised to prevent the renewal of the attempt (which I will not characterize — as it deserves) to saddle the general revenue with the Company's debt. The Colonists should not lose an hour in protesting against it. It is more than probable that some further attempt will be made to the same effect next session, and it is of great importance to have the protest of the Colonists against it before the session elapses.

3. The usual vote of £20,000 was passed for New Zealand by the House of Commons, but under pledges of economy given by Mr. Hawes, and as fur as appears, not much of it will be available towards gratifying the expectations which seem to have been excited on the subject of expenditure on public works, &c, since I left the Colony.

It is not probable that any thing of importance to New Zealand will transpire before next session. Parliament was prorogued on Friday last, after a session remarkable for a smaller amount even than usual of useful legislation, the Government submitting to repeated ' defeats, and only retaining office in consequence of the inability of any other party to supply its place. It is probable an attempt will be made next session (the last before the general election) to purchase popularity by measures of aliberal character, among which an extension of; the franchise is already talked of. I hope that Colonial interests may share in the advantagesof such a policy. — I have the honour to be, Your obedient Servant, •William Fox.

Watek-Ballast. — The "Newcastle Intelligencer" says that the principle of ballasting vessels with water instead of by the ordinary means has been successfully carried out at that place. The water, which is admitted throughan aperture in the bottom of the vessel, is encased in bags, and is discharged through the' same aperture by means of an improved patent pump, which, in the experiment made, worked admirably.

Homoeopathy v. Allopathy. — At a meeting of the Provincial Medical and Surgical Association of England at Brighton, on Wednesday week, resolutions were agreed to, declaring " that homoeopathy, as propounded by Hahnemami, and practised by his followers, was utterly opposed to science ; and that it was derogatory to the honour of the members of that association to hold any kind of professional intercourse with homoeopathic 'practitioners j and that the thanks of the .association were due, and were given to the Universities of Edinburgh and St. Andrews, for their resolution to refuse their diplomas to practitioners of homcepathy."'