ORIGINAL CORRESPONDENCE.

Wellington Independent, Volume II, Issue 110, 31 October 1846, Page 3

ORIGINAL CORRESPONDENCE.

We have been requested to publish, f or general information, the following despatch :— °

Wellington Hotel, Sheriff's BuildUjre, October 30, 7 1846. Sir—The despatch of Mr T. C. Harrington, Secre.ary to the New Zealand Company, of 30th May 1846 respecting the Port Nicholson and Nel*an Deeds of Grant executed bythela.e Govenor having been hid before Counsel. lam instructed to transmit to you, with a request that you will make it public, the accompanying Copy of the opinion, which those interested have this day received, on the subject of those ins ruments, and which they have lost no lima in communicating to you. . • I have the honor to be, Sir, Your most obedient servant, John Doe. case submitted to counsel. Whether the opinion complained of respectmg the grants to Mr. D. Scott, Mr George Young, and to the Manager of the Union Bank, can beset a-side upon any and what grounds, and in such eve. t, what course should be adopted to effect such result.

Opinio* op Counsel. We have perused the opinion given by Messrs. G. Turner, Chas. Buller, Junf, and B. Peacock, respecting the validity of Crown Grants issued t» the Manager of the Union Bank and others. We have not seen the case laid before those gentlemen, aud cannot say how far the opinion may be relict on. Itis knowa to all the lejjal profession, that an opinion may be obtained on eiiher side of a question, according to the mode ot suiiw'ihe case. -""'■

We have considered the circumstance* under winch the Grants in question were issued, and are of opinion that, the only grounds upon which the validity of those grants can be disputed, are purely technical, and such as the dignity of the British Crown would not permit to be raised. As at present advised even these grounds do not appear sustainable This opinion is, of course, subject toany effect produced on the rights of parties by admissions or omissions in pleading. 1' f . Btron s: | y recommend the publication of this opinion, as it may influence the jury on the trial of the cases now pending. John Nokes, Thomas Styles, Jun. Rtchard Roe.

"o thb Editor op the " WEHmorojr

Independent."

Sin,—l observe with considerable surprise and indignation in a late number of that very veracious journal the "Spectator," which, by a sfetch of faith on the part of its Editor, he believes to be " the organ of the public," another vile attack on the friendly chief Puah*, to the eovct that he had openly joined Rangihaeata, &c. I hoped that the Editor would have retracted the libellous statement in his neit, as he then knew it was false, but he did not. Will you allow me a corner in your widely circulated Journal, to say that Puaha has done no such thing && the Editor states, and does not intend doing so. The simple truth is as follows:—Puaha fuds himself called an assassin, a murderer, a miscreant, one whose hands are reeking with the blood of our countrymen, in the *• settlers paper "—and then those statements are reass j rted, yet at this very time, he was risking his life in onr behalf* One shot from the enemy whistled past his bead, which he believed was aimed at him personally,—and be it remembered that those against whom he was fighting were his hrothers and fathers.

Later still, on the authority of Te Karamu, a robber'and murderer professed, Puaha finds himself charged with the murder of Ensign Blackburn, a more false and malicious than any that have yet appeared even in the "settlers paper."

Nov Puaha thinks that as these things are in. print, they will be believed by every body; he himself said to me the other day, •« If it were a word of mouth only, it might pass, but it is in a printed pukapuka, which Governor will see, and perhaps bslieve." Moreover, unprincipled white men as they past his pah, often told him, " Bye and by we'll hang yon up-" " Taihoa makea bunga bunga of jou and all the maories.' 1 What wonder then that he retired to [Pukerua away from the camp terrified and suspicious ? , r

I could say much more on the subject, but as a short letter is more likely to be read than a long one. I will conclude by stating that a greater friend to the white people does not exist in alt New Zealand than Puaha. I am, Sir, Yonr obedient servant, Philalethes.

P. S.—A case for Counsel :—

Ist. Whether on pro>f shewn that Paaha is inno* cient of the charges asserted, and re asserted in the Spectator, the Editor of that journal might not,be called on to answer a charge of Libel in the Supreme Court.

2nd. And whether the above Editor would not , feel an appeal to his breeches pocket, much more sensibly than lo his sense of truth and justice, and thus be induced to be more careful in his vituperations.

of the Islands in which there is a dense native popu. lation, and to adopt with respect to the more numerous tribes the policy of the original opponents of the colonization of New Zealand.

It would be mortifying to have to make this admission, if the policy of colonization had been wisely and consistently pursued. But when it is so plain that the present impossibility of successful colonization in a large portion of New Zealand had been occasioned by errors which we could not prevent, and against which we continually protested, we have only to acknowledge that our opponents have partially succeeded in realizing their own wishes and verifying our predictions. We must remind you, however, thm from the beginning we have thought it desirable that colonization should for many years to come be confined to those parts of the Islands were there are but few natives. But in whatever degree the policy which we now approve may be at variance or in agreement with our previous views, we find a general concurrence of opinion in favour of it. The most intelligent settlers recommend it in their letters; the public men in this country whom we have had the opportunity of consulting, cordially approve of it; and we imagine that it has found favor with the Government. That it would obtain the sanction of Parliament we have not the slightest doubt; our doubts and fears relate to the time of its adoption. We are afraid that, like the opposite policy which Governor Grey has so firmly announced, it may be adopted too late. We cannot doubt that a whole year will be lost if her Majesty's Government should continue to wait for reports from Governor Grey; and we are sati'fied that every month's delay will tend to render the adoption of what would be wise policy now, more difficult, and more doubtful in its results. Nor can we imagine how, in the mean while, your settlements could be saved from dwindling into a state of depression from which no efforts of yours or of the Government could recover them. Though far removed from the seat of the present conflicts, and of the difficulties and dangers which surround the Local Government at Auckland, they are exposed to the most imminent danger. New Plymouth and Nelson are without troops, and the military force of the Government at Wellington is utterly inadequate to contend against such an invasion of natives from the northward as may be expected to follow either a fourth defeat of the Queen's troops near the Bay of Islands, or that state or general irritation amongst the tribes near Auckland, which will probably result from Governor Grey's resolute attempt to correct the errors of his predecessor by the general assertion of British authority. The settlers have indeed been recently embodied in a militia ; but if you have read their petition to the House of Commons, of which we have had copies printed for your information, you must feel that men so disheartened by a long coarse of neglect, injustice, and oppression on the part of their Government, can hardly be expected to make a vigorous defence. Property, in the usual sense of the word, it may be said that they have none to defend; and if their lives should he threatened by any serious eruption of natives from the northward, we may rather expect that they will imitate many of the Auckland settlers by abandoning the colony in despair, than remain at the risk of their lives in such a state of misery as is described in their petition. Assuming on the othsr hand that the great distance of your settlements from the habitation of numerous and powerful tribes should save them from attack, yet such is their condition, independently of native hostility, that we despair of being able even to preserve their existence much longer. The colonists are still •• squatters," without a title to an acre of land. Their Government resides at such a distance from them, that they pass months together without hearing from it, and commonly learn what happens in its neighbourhood from the Australian newspapers. But whilst government, as the means of accomplishing the public object of a community, is withheld from them, they are treated as rebels if they attempt to manage any of their own public concerns; they are heavily taxed by the despotic and extravagant Government at Auckland ; they are subjected to ordinances of the most absurd and mischievous character passed at Auckland; and they are tormented by the presence of subordinate officers of the Auckland Government, whose amhoritv is absolute, and whose principal occupation seems to have been to render the southern settle, ments uninhabitable by men of ordinary self-respect and prudence. But instead of reciting the grievances of the settlers, we mast again refer you to their own complete and temperate statement of them. The effect of misgo 'eminent to which we would now direct your attention, is the abandonment of the colony by its most valuable settlers. During the last two years this second emigration has been considerable; and every ship from the colony brings some fresh victims of Colonial-Office government. These returned colonists come straight to us, and afflict us with their complaints of disappointment and ruin. We can afford them no redress, and no consolation but the expression of our warmest sympathy. We could not make yoa fully aware of the grievous nature of such cases, without entering into particulars concerning individuals which it would be improper to mention here; but you will readily conceive, when you reflect on the objects with which a man of some station and property in this country emigrate with his family to a distant colony, that our position as a screen between the complainants and the Colonial Office has become intolerable. But this is not all: we tell you that it is our deliberate conviction that, : unless a great change takes place immediately, your settlements will not be worth preserving. Hitherto we have hoped against hope, and have continually assured the settlers through your Agents that we expected to send them good news by the next ship. We really believed that so monstrous a state of things as the anarchy of this colony would not be maintained as it has been from month to month and from year to year. Since the Parliamentary discussions of last year, and especially tiace Mr. Gladstone's accession to office, we have been in constant expectation that some new and definitepolicy would be announced by her Majesty's Government. We have repeatedly during the last few months expressed in letters to your Agents, otir conviction that her Majesty's Government would not allow, the present Ses-ion of Parliament to close without carrying into effect the Prime Minister's emphatic' declaration of last year in favor of local self*governmetit similar to thit which was enjoyed by>the old English colonies in America. Recent inquiries leave us • without a doubt that for this

purpose aa Act of Parliament is indispensably requisite. We are assured that at this time Sir Robert Peel is precluded from giving eff-ct to his declaration of last year, by the Act 2 & 3 Victoria, cap. 62. If, therefore, the present session should close without the repeal of that Act so far as concerns the present despotic government of New Zealand, and the passing of an Act authorizing the Crown to grant a charter ofgovernmeut on the old English model, we shall despair of good government for New Zealand ; and the colonists will be utterly deprived of the hopes which have alone sustained them during the last two or three years. We still rely on our knowledge of Mr. Gladstone's earnest consideration of the whole subject, and on Sir Robert Peel's declarations : but it is our bounden duty to warn yoa that waiting for reports from Captain Grey means waiting indefinitely, and that the close of the session without sufficient legislation seems highly probable.

Under these circumstances the balance-sheet of your financial position presents an aspect, which demands that you should relieve us from the responsibility of determining whether we shall continue to waste money borrowed from the Govern ment ia merely pretending to carry out the. objects of your charter, or shall take the necessary steps foi avoiding further liabilities, for transferring your nominal property to the Government which could soon restore its value by prompt and earnest endeavours, and for claiming from the justice of Parliament in this or ensuing session a fair compensation for your pecuniary losses which have been occasioned, if ever cause produced effect, by acts of the Government. We confess to you that our own opinion is in favor of such a course. We are tired of the protracted and painful struggle. Your subscribed capital of i? 300,000 is expended or mortgaged. You have besides expended about paid to you by the settlers as the purchase money of lands, which, so long ago as the 28th of May, 1811, Lord John Russell directed should be " forthwith" and unconditionally granted to you, but of which not an acre hag.yet been obtained. For this great outlay you have really no property to show. The present expenditure of the Company is supplied by loans from your Bankers made to you on the fdith of a promise of a loan of i?l 00,000 from the Government. That expenditure maintains establisments here and in the settlements which are rendered useless by the want of a title to lands ; and it ' goes on without benefit to anybody. You really do nothing at present but continually augment the excess of your liabilities over your assets. Of the functions attributed to you by your charter, uot one is performed by you. We come here to fritter away borrowed money, to consider claims which we have no means of satisfying, to hear the most distressing complaints without being able to assist the sufferers, and to frame representations to the Government which only end in disappointment. In asking you, therefore, to determine whether this state of things shall continue or shall be brought to an end, we cannot hesitate to assure you that our own inclination is altogether in favor of the abandonment of your enterprise. You will have gathered, however, from the correspondence which has been placed in your hands, that there is one condition upon which we should recommend you to pursue the objects of your incorporation, and should be ourselves prepared to continue the labours of directing the Company's affairs. The condition is, that during the present session of Parliament a sufficient legislative measure be adopted for the purpose of giving effect to Sir Robert Peel's declaration in favor of local selfgovernmeiat for the settlements in New Zealand, and for the further purpose of substituting a policy of peace with the Natives for the state of war which must continue if the attempt to subject the dense native population to British authority and law should be pursued according to the views of the present Governor and the instructions on which he is acting. This is a question of time only, and must be speedily determined. We have no conception that its determination either way will be affected by any reports that may be received,from Governor Grey. Not doubting the desire of her Majesty's Government to hear further from Governor Grey before they decide on their future policy, because in ordinary circumstances such patience would be justifiable on considerations of official form and custom, yet we cannot doubt that in this urgent case there are other reasons than the absence of despatches from Governor Grey for the postponement since January of announcement of the practical intentions of the Governmea ; and it behoves us to assure you that our own reasons for requesting Mr. Buller to postpone his motion in the House of Commons on the state of New Zealand, of which he had given notice for the 21st instant', were certain considerations relating to the state of business and parties in Parliament on which we think it inexpedient to dwell on the present occasion. We repeat to you the assurance of our firm belief that the Colonial Minister and the head of her Majesty's Government wish and intend to provide efficient remedies for the past and sufficient securities for the future; but in common with every one who attends to the state of public affairs in this country, we consider the duration of the session of Parliament to be very precarious, and ! we perceive other reasons for doubting whether it may be in the power of the Government to carry their purposes into effect. We therefore concluded our memorial to Sir Robert Peel with a prayer, that if he should not deem it consistent with his views of public duty to assure as that her Majesty's Government are prepared to propose measures which shall avert the postponement till the next session of any legislative remedy for the present atate of New Zealand, he would not hesitate to communicate his decision to us, and to consider the arrangements which will be requisite to enable her Majesty's Government to take the affairs of the Company into thdr owq hands, and afford the shareholders and land purchasers a reasonable compensation for the losses which they have suffered. Having received an answer to that Memorial, which leaves the matter wholly undetermined, we beg of you to intimate to v* whether you concur with us as to the necessity of putting an end to further expenditure, winding up the affairs of the Company, and claiming compensation for the losses incurred, in case the session should close without such a legislative measure as we deem indispensable.

We are desirous of impressing on you that the decision to which you *nay now cotno will be irrevocable if you should adopt our recommendation. Ins ntwapapws will convey to New Zealand a ro-

port of the proceeJiDgs at this meeting We shall not fail to transmit to the leading settlers by every means of conveyance the expression of our hope that they will consider nothing to be finally determined until the close of the session of Parliament. But if the session should come to an end without the adoption ot such measures as, subjsct to your conditional agreement with us now, will alone induce us to preserve the existence of the Company, you may be very certain that the preservation of the settlements will have become impossible with a view to carrying on colonizition under your charter. They may be preserved, indeed, and even restored to prosperity by the fostering care of the Government;, but this means of saving them wouid of course be founded on the dissolution of the Company. After learning your decision, if it should be in accordance with our own view, (and we shall understand such agreement with us to be expressed by your unqualified adoption of this Report) we slmll loss no time in urging her Majesty's Government to concert with us such measures as may be best calculated to prevent the settlements from being broken up and dispersed by the news of the intended dissolution of the Company. It is our sense of the necessity of adopting such measures of precaution against the consequences of depriving the settlers of their reliance upon the Company for their .ultimate security and well-being, which has induced us to ask for an immediate expression of your wishes conditionally, instead of waiting till the lapse of a few weeks shall have determined the point on which we are still in doubt. Let us repeat then that if you should adopt this Report without qualification, and if Parliament should separate without passing a law for settling the Government of New Zealand, your decision is past recall. It is with no wish to deter you from coming to it at once that we offer this explanation; our sole object is to make you thoroughly aware of the consequences of the decision which for all the reasons before stated, we trust that you may adopt in accordance with our own well-considered aud conclusive opinion. There are many matters of detail which, in ordinary circumstances, we should have felt it our duty to bring under your notice. But, with the exception of the election of Directors and Auditors, which is rendered indispensable by your charter, we purposely abstain from making mention of them, in order that you may confine your attention to the one vital question which yo» have met to determine. New Zealand House, Broad-street Buildings, May 29, 1846.

By the brig Peri, which arrived late last night, we have received Hobart Town and Launceston journals to the 26th ultimo. At that date, wheat remained from at Hobart Town at 7s. 6d,; but at Launceston there were no purchasers, and fine samples were offered for 6i. We have only room in our present number for the following, which we copy from the Hobart Town Advertiser :—"We have to announce to our readers the recall of his Excellency Sir J. E. Eardley Wilmot, as Governor. He announced it himself in the Legislative Council this morning, after the business was conclnded. The following is His Excellency's address:—

His Excellency said " that before the Council adjourned he wished to say a few words to them. It was not usual for him to address the Council at the close of the session. He thanked them for their attendance. They had passed a number of bills, all of which, he was sure, would advance the interest of the colony. They had discussed them calmly and constitutionally—they made alterations where they thought them necessary, and they had stood firmly against anything that they thought hurtful lo the interests of the colony. His character had been misrepresented, but truth would prevail, and his character would be freed from the misrepresentations that had been cast upon it. He had this morning received a despatch, announcing to him his recall. The Secretary of Slate thought that sufficient attention was not paid to the moral and religious welfare of the convicts, and ere long a successor would arrive to carry on the Government*"

The Murray Blacks.—A gentleman lately returned from the Murray, has given us the following information, the correctness of which may be relied on, although unaccompanied by names:—A smallparty consisting of six men, one of whom had but one arm, conducting about two bund red and fifty head of cattle, had arrived near the Darling,when two bullocks having strayed, the owner of ihe stock and one of his men went on horseback to see them. During their absence,some blacks came to the dray and a»ked for meat, which was given them ; they went away, but soon returned and asked for more, which being refused by the son-in-law of the owner, one of the blacks threw a spear which pierced his heart, the others instantly fled and the blacks plundered the dray. The cattle of course escaped. On the return of the old man, he found the empty dray, and a dog remaining by it, which appearing desirous of drawing him into thescruo, he followed, and the animal began to scratch at a heap of bushes, under which he found the body of his son-in-law. These persons travelled for a long way without provisions till relieved, when almost starving, at one ;of the Murray stations, Tlms pany had six guns, and seven charges of powder and ahot [ amongst tbem.-—S. A. Register.