Original Correspondence.

Auckland Chronicle and New Zealand Colonist, Volume 2, Issue 47, 27 June 1844, Page 3

Original Correspondence.

To the Editor of the Auckland Chronicle. Sir, "~ In the case of Porter v. Shertland, I beg it may be clearly understood, that the action 'of damages for br;ach of agreement between the parties, was not advised by me. On the government giving official intimation to Mr. Porter, of resumino allotment 11 of section 3, of town of Auckland" formal notice was sent to Mr. Shortland by M>\ Porter, of his abandoning the agreement aod of his requiring compensation for every outlay 011 the property. Mr. Porter followed up this notice by " an action of damages for breach of the agreement !" After Mr. Shortland had been served wiih process, and had left the colony, Mr. Porter took the conduct of the action out of the hands of bis solicitor, Mr. Conry, and brought the case to me. I gave Mr. Porter my opinion, that his action at law was inconsistent with his notice and intention, and tbat bis only remedy lay in a suit in Equity to set aside the agreement, and obtain remuneration for his outlay. Accordingly the action was abanJto&d, and a stilt comrnencea »y 9«i««.CC. "s!*°"*

on Mr. Shortland's representatives, empowered to transact his business, under Letter of Attorney. The Judge has decided that suoh service is not good seivice on Mr. Sho tland; hut it is at least dear, from the tenor of his Honor's judgment, that the action at law if continued, would have con fumed the agreement, which it was Mr. Porter's object to abandon and set aside. It is also clear, Mr. Shortland's representatives, dare not venture an action Mr. Porter, because by so doing ihey might be compelled to accept service in Equity. Had Mr. Porter commenced in Equity, he would, at least, have had the opportunity of trying ihe merits of his case,* and in my op.niou, he would have obtained a decree in his favor, I am Sir, your's truly, KOBERT D'OYLY. Auckland, June 18, 1844. To the Editor of the Auckland Chronicle. Auckland. June 18, 1844. Dear Sir, Give old Bumble a place in your columns, —he may be a tame animal, and of the old school —per= haps a fool, jackass, and idiot—but you well know, it takes a wise man to be a fool—.that Baalam's ass spoke startling, truisms—and that many an idiot has fancied himself Emperor of China before to day'.—so tolerate the impertinent old scoundrel. Your's, dear Sir, most respectfully gnd humbly, RORY MacFIN. BuMbLe's Own •'—lmperial Parliament constituted, assembled and sitting:—Governor, Premier, —William Brown on the Woolsack, and S. M. D. Martin, Esq., M. D., and M. C, Speaker !- Woolsack, alias, a kit of potatoes, and pig's headHead marked accurately with the Bumps, of Phrenology, besides three newly discovered ones, strongly developed; entitled, Protesf-ativenes, Porfc-ativeness, and Potat oe-tiveness,—lt is whispered these important acquisitions to the science were just delineated by the most honourable the Lord Chancellor Brown, as aforesaid! Speaker's chair, marked before and behind, with the very significant letters, M. D. !!-—meaning, Mad Dog, Muckle Cant ; or as some will have it, Member of Council;—Punch says, it means, Mair Cabbage !—- Dog Tax discussed, Chancellor eloquent to desperation—the honourable Doctor astonished himself beyond recovery—Debate, debate, the (dis) order of the day,—St. Stephen's a fool to it! -Troth, in abundance, aud manifest symptoms of Hydrop' cebia exhibited in Council Chamber, Counsellor's complexion turning green instead of its natural Brown — Doctor evidently bit— and turning hastily to the " auld ha Bible " to find out that important memorandum,— the certificate of his birth ! ! dispels the horrible illusion ot the Premier, and proclaims to a trembling world the unheard of fact, ih>t he was born amongst honist men, in the sultry island of Skye, surrounded with dainty porridge, kail, and cream, (query, cows ?) —Doctor proposes an amendment to the aforesaid tax—• to the effect, that puppies be not exempted.—Editor of * Times " becomes suddenly alarmed, disapproves of rhe sapient honourable's amendment, and uncsutiously places his hand on the door-latch, and groans aloud— whilst the Premier says, he might, {by . adopting the amendment) infringe upon the liberty of the subject !.... New Export discovered—three tons of excellent and full grown Protests ready for embarkation cash returns fully expected—perhaps a cargo of ripe sarcasms instead ! Old Fal thWal-dal-th'-ral-da emitting large bodies of lava, it is decidedly palava ! The " Times " however, would be diabolically witty if it were;possible, for that paragon of universal literature, the'editor—to make it so : nothing like coubeit, and No. I, for getting through the world !—ammunition rusty — o ne pounder's won't go off —taste for facetious writings by spoonies, evaporated 1 miserable creature might do for Pau JPry— umberrellor to get' — Capacious posterior already procured I —" Southern Cross'' and " Cross Editor," jumped Jim Crow J little while ago, all fire and fury against Government —now fawning, crouching, jjtongue tied, and milk and water nothing like butter— Dr. very fond of it, takes it down " slick '..shabby, dirty, and contemptible worse than poor *'. Petty Pizarro "I !...-. Premier relinquishes House and Land Tax Bills—The Brown Chancellorjin a high fever of bumpologuous delight Doctor splitting his breeehes, and ramming like a Highland Goat, at the enemy !—Attorney General says, the Land is flowing with milk and honey —a slight mistake——plenty of flies, but no bees— unless Bruvm hornets, coupling like Martins., very pleasant.. .. Debentures wrong name .. should call them " Adventures ".'..taken at par at the Treasury.. and won't receive thru!..she says Stanley's a quack, and might disorder the infernal parts of the national machinery, and grind them down to nothing !...Great nobs of the reign of " Hobson " dwindled down to very dirty swells I—" Hobson's choice," not good, rather shadowy, and dogish.. decidedly averse to Speaker's amendment, respecting puppy dogs ! —People are charged with lazis ness— Premier prepaiing a long whip to leather them with., had btter begin. ..Maori chiefs, sweet, innocent little darlings, about to assist him in the trnsng process... Things coming to a crisis, ' nothing but "Adventures," potatoes and Maories... j Splendid country for Maories —hi hand val—no.. I gullies, with a vengeance—Kouri forests, p'easant j hunting grounds., tor goats!—ruin, desolation,' impoverishment, and corporations — Bye laws ixcel- j lent things here,..Oliver Twist be quiet..lTl wallop ; yon—you've disturbed my political retninations, I aud instead of Bumbles, I shall be making Bungles/ \ —Ob, my dear Mrs. Corney l what ship did you jj come in ? stop till next week, and I'll tell you all j the news L.Kick that Oliver out. To the Editor of the Auckland Chronicle, Sib,—The examination of certain persons before the Legislative Council on Thursday the 13ih iosr.' has occasioned considerable surprise; although it, i no doubt, fulfilled thelaudable intentions of the nonofficial members who instituted the enquiry. The object, I presume, was to prove that the Colony at! the present time, is in such a state, both Commercial j and Agricultural, that it cannot support the present \

scale of Government expenditure or bear any further taxation whatever, director indirect; iherelure if the Hcue Government decide to continue these Islan is a British Colony, it must contribute very largely for many years to come to the necessary machinery for their Government. On this point the whole sense of the European Settlers is unanimous however reluctant the Governor and other heads of departments rmy be, to be convinced of such undeniable circumstances. To enter into detail or examination of the causes which have brought the Colony to such a lamentable crisis is not my present purpose.

The Governor lately, in the Legislative Council I perceive bv your journal, publicly accused the. early Settlers of the Northern District, of supineness want of enterprize and industry, in not having by this time more land in cultivation and produce, more wheat for internal consumption of the Colony. He must have been grossly misinformed [of tbe events and circumstances of the first tvro years pf the Colony. What Sir, are the real facts ?

The Government was established two years in the Colony, and eighteen months in the Northern District, before they allowed any country farm land to be put up for sale ; in Febittary 1842, previous to which time persons wbo had~ arrived in the Northern District, many of whom were from the New Zealand Company's settlement -, IU whose sole object y.Zo jarming, were refused the liberty of squatting, as it is termed, for such purpose, although they were willing to run the risk of being the purchasers ultimately at public sale or to remove: claimants to land were denied the privilege ;of settling on the spots they |had purchased, although they offered to pay the government again for whatever land they might have under cultivation, if eventually their claims were not substantiated :-+■ others were not only warned by public proclamation not to cut any Kauri timber, on their own estates, and where they had established saw pits for supplying the town ; but government actually felled and took away from them all the best and most access sihle trees, near Auckland, without payment: others were ejected from their property because it was an island ; and some had their lands taken possession of altogether, without any hearing of their claim, and without consent oi compensation, merely because it was in the vicinity of Auckland

These are the true circumstances, and not the lack of capital, zeal, industry and ability of the intending settlers of that period, who had all their energies paralysed, their plans frustrated, and their prospects destroyed, by the arbitrary,unjust and impolitic measures of the Government.

If the Local Government, at that period, had directed their serious attention to country lands, and devoted some portion of their large expenditure to the efficient increase of the Survey department, so as to have enabled the Surveyor General to have had ready for sale, farms for the emigrants as-they arrived, the neighbourhood of Auckland, would at this time, present a very different appearanoe. But to extract money for the Treasury from the sanguine settlers, by exorbitant prices for the town, so as to realize £24,000 for forty acres, was more easily and cheaply accomplished than the survey and sale of country farms ; all were confined to Auckland and the suburbs, consequently many were induced to speculate in town allotments to employ their litlecapital £many purchased suburban land to commence cultivation, although on a most limited scale ; many were driven away to other colonies, and many more expended their limited means in idleness, anxiously but fruitlessly anticipating that every succeeding month, would give them their desired object, Country Land.

But these inconsistent, unwise measures of the local government on the one band—and the speculation, folly, and disappointment of the settlers on the other—in the first years of the Colony, with the effects which have naturally resulted from them, are quite distinct from the question whether the Colony ha«, or has not, within itself, elements and resources, not only to restore hopes aud assurances of ultimate (prosperity to the present settlers, but to induce future emigrants ! It is, Sir, surprising that to this point, the official members of the Council did not more particularly direct the examination, at the conclusion of the evidence of each person. The facts of the present disastrous state of the Colony are undeniable, and no discussion of the evidence could shake or diminish the combined testimony produced on that subject; but care should have been taken to show from the evidence of the same persons, that by jndicions measures for the future, on the part of the local government, with liberal assistance towards its necessary annual "expenditure, by the home government, Colony would soon recover from its.present depressed state. It was understood, 1 am informed, that the evidence given before tbe Legislative Council, should not be taken verbatim, but the substance only, and that attested subsequently by the signature ot each person examined. This was certainly judicious, as it might prevent the promulgation of much anomolous opinion ; but unfortunately, much of such evidence has been published, that will occasion considerable mischief out of the colony, for instance, that of Mr. Paton, declaring, that average first crops to be hot more than 18 bushels per acre, and that not less than 10* per bushel or 80* per quarter, at the present time, and bs per bushel hereafter would be remune rating prices.

As some explanation for such surprising evidenre, it has been observed, that Mr. Paton was not accustomed to agriculture until he arrived iu this Colony. If so, he should hare been cross examined and bis evidence dissected, so as to prove that fact, as well as to elicit from him, that bis calculation of remunerating prices was, that the whole of bis outlay should be returned by tbe first crops, and then bis evidence should have been altogether ex. punged, as affording no true deduction" of expenditure, or return, in such pursuits. It is to be regretted, that more tact was not. evinced during the enquiry, to shew by tbe testimony of practical men,conversant with agriculture in England, that tbe true remunerating prices to. the Farmer, are those which yield a surplus sufficient for the maintenance of his family, after interest is charged on original cost of the land, on all outlay op to tbe period of tbe lan d being in

a proper state tor cultivation, as well as on al * domestic expenditure to the same period. After the first year of crop, the annual expenses of the farm to be added to the interest, Then, if ha sells his crops and stock every year, at priees to exceed that amouut, such prices are remunerative. If the farmer has not sufficient capital to bring into cultivation all his l-.nd immediately, the interest, charged oiilbjs first outlay would be accru* ing capital, available for such purposes. One great error of persons emigtating to this Colony has been that they formed most fallacious ideas as to the capital necessary for farming. To be large landed proprietors was their desire, and tbey con* ceived, from what they had heard of the climate, &r. that very trifling expense, per acre, would render the country at once productive and profitable. In England, to occupy and cultivate larms already in most perfect order, as to state of the land for immediate crops aud pasture, fencing, draining, &c, with all the facilities of roads and markets, a working capital equal to or not less than £5. an acre is deemed essentinlly necessary, {low much more capital and outlay then must be requisite to purchase and bring into a state for cultivation, land iu its primitive bush and woods ! It is consented by all persons and parties,,that the most beneficial event, iu the present staff of tbeCo! ? n ;T ; TC 2id be ;; Je arrival if person's with capital, who are practically conversant with agriculture; But what will be the effect in England of this evidence, to persons who may have enters tained the idea of emigrating to New Zealand for the purpose of investing their property in Land ?

The cautious capitalist will see the evidence unshaken, unqualified, uncontradicted,..of one of the earlsest settlers and oultivalors, stating that not less than 80s per quarter for wheat will com* pensate the agriculturist in this distant colony. But, Sir, my great object in addressing you, is to suggest that the Executive Council should imme« diately prepare a Report on the state of the colony at the present time, to transmit a copy to England, with the proceedings of the Legislative Council; Until advices are received of the decision of her Majesty's ministers, on the various recent Legislative Ordinances, and on tbe amount of relief they propose to grant to the Colony, all operations of the settlers will be quite suspended, and it is equally true that the further progress of the colony, or the abandonment of it by numbers of the present set 4 tiers, will depend solely on the determination of the Home Government, as to full liquidation of ail outstanding liabilities and considerable annual con* tribution to the expenditure of the Local Govern* ment. A Report, bearing in itself the stamp of troth* and correctness could without difficulty very soou be drawn up, with the assistance of some of the respectable weJl informed settlers. This Report should be clear and concise, under different heads, Agriculture .. Commerce .. Natives, &c. &c, but more especially it should include a true aud faithful account of Finance, in tbe most comprehensive sense, showing the whole amount of outstanding liabilities in detail, up to Ist January, 1«44. Not composed as the former estimates, &c. of a mass of fictitious figures and which only excite derision here, and displeasure and oontempt in Downing street, at the attempt to deceive and for the trouble they ocoasion to analyse and unravel them. To assist her Majesty's Ministers in their impors tent consultations and decision, such a document woujd be of the greatest service; it would also furnish materials to accompany other documents, transmitted from this Colouy, all of which will he certainly printed and laid on tbe table of the House of Commons very early in the ensuing session of 1845. Then at the usual period of voting the estic mates, Lord Stanley may obtain a parliamentary graut for the full liquidation of all liabilities to the end of 1843, and referring to the printed papers recently laid before the House relative to the Colony, he might state that her Majesty's Ministers, on due consideration of such documents, had come to the determination to relieve the Colony at once of its previous liabilities, and as it was also incontestibly demonstrated by the clearest evidence and most authentic information, transmitted by the Governor, Captain Fkzroy, that the settlers of New Zealand could not bear tbe whole expense of such a internal Government as her Majesty'Ministers considered it to beindispensable, taking in view the distinct and distant settlements..the nature of the coasts..the uumber of Native as well as of European population, &c. they might also resolve, with the sanction of Parliament, to contri* bute, until the products nd resources became more fully developed, the annual sum of £20,000 and to abolish all Customs so as to render all the ports in New Zealand, Free, with the understanding that the Colony is to raise within itself the balauce for tbe annual expenditure.

If such should be the views and decision of the Home Government,confidence and prosperity will soon prevail throughout tbe Colony -, but if unfor* innately, its wrongs, misfortunes, and present penury are disregarded, or even only partially redressed, the present settlers, will be throughout the various settlements, irretrievably ruined and the rapid doom of the Colony sealed. For thus encroaching on your columns. Sir, I have to apologize, but to one secluded in the bush, far distant from the strife of tbe political arena of Auokland, the recent proceedings of the Legislative Council, with the numberless amendments and interminable ptotests are highly amusing, while at the same time tbey affotd many a topic for much meditation and most serious reflection affecting the the Colony. lam Sir, your's truly, &c. &c. X. 21st, June, 1844.