The Taranaki Herald.

Taranaki Herald, Volume II, Issue 59, 14 September 1853, Page 2

The Taranaki Herald.

ni:w ri,Y\iourn, siutkmiwmi ii 1953. Wllll tlic teinunation of Iho elections, the llkllllllHiy of tllC CO iV.ttlltKMMl tm.l.lllc. may I'U considered cumplt Ie; A (w'azcllc, coul.i mug i li oi lam ilion calling I lie Piovinc .il f 0111 (il ol tins I'iovmte lofjf tlior, appealed l.i t neck, appointing I'ndiy ne\t, ihc ld'lh uist.ini, foi the flibt 11:01 niig of the fn A session uf th.it assembly. Some liltle time must elap°c bcfoic ill ■ ie< T iilaUons ihnt will guide the proceed, ings of ihe Council aie defined and a: ranged ; hit t when this necessary prcliminaiy is got thiough, we may soon be able to determine how far thii impoit.uit pait of (he whole machine is adapted to piovide foi the mote simple object il was intended. Th c extent of its capabilities will, it is likely, take moie time for asccilaining ; and, indeed, must in a great measure depend on the harmonious working of the whole for full development. One thing, hoive\er, is ccrtiin. We have placed the management of our interests in the hands of the o (liu 1 is ue have < Ice ctl, and must for the p c en! abide the ilmiII; and as reg.uds ihe local go\einnient of the piovince, there is this satisfactory gio'ind for confidence — v\7 , that Ihe p.irtics most interested are at h nl and exeicisiug Mip rvision. Re Mr, !mg the proci edmgs of the General Assembly, the people will not be in the same desirable position. The trust is equally reposed, but the control nothing or remote. In the Piovincial Council well' meaning men cannot go fur astray ; but the policy of the Province, in iclauon to the measures which may emanate from the , Gcucul Assembly, on maltcis about which

H is not likely any difference of op'nion ai lo the pioprii-ty of inventing tint 11111)0lity with such powers will exist, is of the gravest impoitance. It is not, however, our intention at pic- ! sent to tefci fuiiher lo these, as they wi'l nioic piopeily becinno subject ol comment as they arc brought foi ward, or as the necessity arises for contiolling them ; but will 'just now confine our observ itions to an impoilant power vested in the Gencial Assembly by the Constitution Act, of dealing wnh the ( row n Lands of tl'»* colony, which there appeals linle doubt all the piownces will join in seeking to have liansf ired to the lespcclive loc.il govi rnnu nts, under such judicious legulalions — should thos • recently proclaimed by the Govemoi he considered capable of amendment —as the General Assembly shall deem prop r. Indeed, of the things neces>at> lo the well being of this 'cttlement, expetience infoims us that tbeic aie none more impoitant than the power to acquiie lands, and the power to manage those, lands when acquired. It may suit the views of some peisons to conclude that in these propositions there is shown a desne to obtain for the local goveinmenls an undue amount of powei ; bti(, it is no Mich thin;:. As legaids the acquirement of lauds from the Natives, the Constitutional Act contemplates investing the Stipciintcndcnl, under the insliiiction and contiol of the higher executive, with the power of extinguishing Nutive title ; and if an aigument neie ii— (juiicd to show llie propriety of such investure, is nol the ptesent posi'ion of his province an all-sullkient one? Land mi lit be had, but the means aie not at hand ; yet w ere the pow et delegated ai conteiiipl.ikd by the .statule, would this difficulty long exist without due ptovision being made for it? The pmui would not be mi - I contiolled. Weie, then, i> the reason of the ol j' clion ? One good the delegation of tins power would nssiiH dly accomplish —ll would .ivoi'l an cndunng eaiiie of complaint and difference belvecn the Province and the Genei.il Kxecutivc, by thiowing the onus of pio\i('in » land on the Pioutice itself , le ieMii'» llie c'uef Kxectilivc fiom the auno\,ime ol being lep a edly requested to dn 1h,.l whith the distant operation of its influent c icndeis difficult if not impossible. Tin i-eces'.ity of being prepare 1 willi the meiiiis a 1 d authoiily of dealing piomptly w th the Natives \vh n negocialions bave b(Mi diawn to a p'dnr is widely admitted ! and Ibis advantage, taking the isolated posituiii of the Province into consideiation, can only be accompll-hed by committing the management of these matt is — under proper legnlations in logard to the intc.ie.sts of the oilier settlements of the coon> — to the Government which the people have chosen to manage their local interests. Ncxtti the attainment of facilities for ihe acqnisition of the land necessary foi the wants of the sett'ement ; obtaining the local management of this important branch of our economy is Ibc tbi-g most desirable. Sir John Pakington, in bis despatch icmit. ting the Constitutional Act under which the colony is now to be governed, state s thai in training the statute, the Government bad coDsidi-ted it the wisest couise lo leave lo tin 1 Legi-latuie of New Z a'and the management of the lands of the colony, satisfied that this revenue was likely lo be admun^leied in a more efficient manner, both for llie benefit ( f ihe empire at large and of ihe community of Neiv Zealand, by the local legislatme than by any other authority, The leasons given for reposing this trust in the General Assembly instead of the Provincial Councils of the respective ProMiices, are — first, its gieat importance; secondly, because an uniform administration of the waste lands is desirable in regnrd both to efficiency mid economy.

The importance of the matter will be Jen ed by none, but we should say that no one knowing anything of New Zealand generally in relation to this subject, or of (his Piovince in particular, will doubt bn.v, Ihat the very teason given by the late Colonial Secretary, \iz., "the necessity of uniform administration," is in truth the most valid reason w hi< h could be found against his conclusions ; since such unifoimity is not only mamfes ly unnecessary, but calculated to do mischief rather than good. Instance the itik 1 of a fixed price of 10s. per acre in the Land Regulations of March last. It may be adapted lo settlements having an cxteiiMve supply of land, and a large revenue from other sources, but will it not if peisisted in here, where there ii anything but a superabundance, destroy all chance of an immediate land fund, out of which so many benefits should flow. Deduct from the 10s. per acre, first, the pirchase money, then the Company's 25 per cent., then the expen-cs of survey, &c, and add to these the oidinary chaiges on the land fund of the piovince, what will remain ? From the ss. fixed or upset price, and on the result of sale make the like deductions, and .say what chance is there of a fund available for ro.ids oi imig a! ion from the lands of this prounce managed ? It is baiely possible that such settlements as Wellington and Auckland, with a laigc supply of land, may be nblc to accomplish something out of Ihe surplus; but here for a long tune lo come tlie iciea of doing so is puiely Utopian. Another objection which may be urged against those Regulations as applied to a sett'ement like this, possessing little oi no l.ui'l, s that sininltan ons applications may bo made for the same piece of land ; and as leg.ndi such an occurisnce here, we shuild leqmre lo wait — may even now be waiting for aught we know — sm amendment or add ■nd.-i to the I'ioc amadou of the Land l(ogultiliuns bi.forc any allotment c.v take place. Such was the case both at Wellington and Auckland j and there is little doubt but that the Sriine will be necessary here also. Would not, then, such difficulties, supposing the r gulations of the Provincial Government to be equally deficient of applicability (which with the local knowledge they would filing to beai may be doubtel) be mote easily remedied if the management were on the spot wheru the amendment wou'd be necessary. A fuiiher objection is to be found to these Regulations, which applies equally to all places; and puts the Government Officer having the management of the business in a position of suspicion, which is as much oppused to public policy as it must be disagreeable to the individual, inasmuch a s tlie acts required of him might be used as a pietence for tlnowing a suspicion of unfair dealing over his proceedings — viz,, the duly of fixing by indorsement on the several applications the order of choice. H may be objected that confidence must be placed in public officers. We reply, that no Govern, ment has a right to place men in a position where suspicion of such a nature is possib'c if any other mode of proceeding is open. Now, a large portion of these difficulties would be got over if the General Assembly were to put nside the fixed price altogether substituting in its place a low upset price and defining at the same time the chaiges on and directing the disposition of the re-; venue atising fiotn the land, leaving lo the

local government the responsibility of regulating the sales, &c.

It cannot but he admitted that the 'ocal government is in .i Wliei position to form a coirecl judginentas to the times al which land should be put foiward for sale; the amount which it mig t be prudent to throw ii.to the market, with a view to ihe revenue of the settlement, and to prevent jobbing ; the letting of runs, and the rates for -le~ pasturing

These observations me not, ai before stated, made with the intention lo accumulule an undue amount of power in the hands of the Provincial Council, but in the hope that public attention being called to the imperfection » of ihe presci.t sy-acm, some beneficial a'lcr.itions m.iy be Miggc^tcd fo r its amendment.

Our correspondent, " A J.and Claimant," accuse? us of advocating " Repudiation of the claims for land yet outstanding against the New ,'Zea and Ciiiiipni)," and says, 11 The piineiple may be a veiy convenient one, bin it's injustice is unfoi innately llagianl."

\Vi> consider th.it the use he has made of this v.oul repudiation is very unjiisiifiub'e. Thf woid, and Ilie half deprccatur) mi. tmces which fo'low it, put us much in mind of the I'eggar in Gn. 15t.A», who having levelled his carbine on his cm eh, points to his hat below inviting alms.

" Repudiation is a powerful war cry. If icpudiation begins it never stops; and Ihe ISew Constitution it ill be more a curse than a boon." This is all veiy dreadful to think on ; bill how if tin- who'e mailer is exaggeration — is a mere bttilc of smoke.

The New Zealand Company liai c. ilnin outstanding claims against it, which the Government at home is said to have guaranteed— these claims aic lvi acies of land. There aie lands now in tl.e possession of Government in this settlement, and the holder^ of the claims lefencd to may go and choo.se acre for iicip.

Tin land is not sufficiently a\ailablc — i.e. valiiablt — and they di clinc lo selectOther blocks of bind are about to br openid 1 and the Lai d Regulations invite the claimants to come forwnid wl en the 1 mrl shill be ri'jdy, »nd they are to have the same pnvihge in iespei.l of all future piirch.is s. A ralue has been put on thfir si cur lies by the recent L.md Regulations, but only in the event of land heing applie I foi which may have exlraoidinary adranlag<s, and consequently vnlue. " A Land Claimant" c ills this ■> epudiution !

Now, what is under this charge of repudiation ai d injustice? Only this, that these claimants desire that the land tin y may have an opportunity of choosing should be. of the value of frutn 50?. (o £4 per acie — sums which their securities wcie never mUnded to represent, and indeed only possible in the present distressed slate of this province in respect of land ; and that the revenue of the province, not the New Zealand Company, should be mulct to accommo late them.

No doubt original land claimant's have strong rights as ;ig,nnst the Company or the Government, which ought and must he answered, and about the value of winch there is no difficulty, and against which no unreasonable obj clion would be nigedBut these are not all. Large portions ot the outstanding claims of vaiious character, have been bought up from time to time at merely nominal pricei, by speculators in such securities, and the appropriation of the best portions of the lands which the settlement may succeed in acquiring for years to the satisfaction of thche, would it must be admitted by all,/be a crying injustice to the settlement, involving; ai it would for yeais the distribution of land woith two or iliac

pounds per acic in satisfaction of scrip bought for a few shilling 1 ;.

In our a tide I ..st ueck on ihii subject "Cft&Mimcd ill it tin 1 tine construction ot the Land Ri gulutions of the 4th of March j last, awe no pieccdciice to the holders of 'O I I tin- Company* siciiriti'"i in app'ications ( fiirlmd; and in the Instructions to the Cioun Commission r :it Wellington, dated t' e 'JSth of M.neh, he find the flowing sup|)lfiii( ntary duertions, conli ming out view df the subje t : —

"In such cisei wlk re simultaneous applic.iiions iiic ii'cnvtd for (he s.unc piece ol land, ihe jn.orily will !>>• dt lei mined by

biillol, lo take place be ween ihe applicants, or the r authoiizrd agents, in tin- presmce of the Commissioner at Wellington.''

" In accordance with ihe priority so deleimined by earliest prcsetiialion or by bnlldt, every allotment selected /will be assigned lo the portion who m.iy fust make application (or it, whether he be a new puichaser undtr the Geneial Land llegu* I it otis, or .i person entitled lo select under Iho New Z'.i'and Company's agreements al the 10th Oipt. Dilß, and tin. Glh Ocl. 18)0."

Many inquiries h.ue Iv en made jcfjnrding (lie regulations to be adopted at the first meeting ol the Provincial Council. We aic in able to give any certain information on this poiui, but uudcistand that the public will be admitted by orders from the Members of the Council.

No doubt the Council will shoitly moke such permanent order respecting the admission of strangers as in it's discretion may seem meet. It is, however, scarcely to hi) expected that mdisci uniiiate admission will he accoided, as such a course would most piobably be found to interfere with the i.ilm deliui r.ition so important in such nsaemblios. It is not, iiowevei, to bo doub cd that, for all practical and useful pin post's of publicity, the Council Chamber will in c fleet be an open chamber.