EXTRACTS FROM THE DESPATCHES OF THE ASSOCIATION.

Lyttelton Times, Volume I, Issue 6, 15 February 1851, Page 3

EXTRACTS FROM THE DESPATCHES OF THE ASSOCIATION.

( Continued from ov.r last.) * * * * * * * I will refer, in th? first place, to what may be termed the History of the Association since yon left this country. At that time the* arrangement between the Association and the New 4 Zealand Company, with which you are familiar, stipulated that on the 30th of Apvil last, sales should have been made by the Association to the extent of 100,000/. in value, or in default thereof, their power over the Canterbury settlement should cease, and the land revert to the Company. This contingency unfortunately

suspended all the operations of the Association. No persons would purchase, in doubt whether after all they could obtain their laud even though the Committee undertook in that case to return the money. So it was that up to the beginning of April, little progress had been made in the land sales. It was obvious that the condition imposed could not possibly_ be fulfilled by the time fixed. And as the period approached, negoeiations were opened, both with the New Zealand Company and Her Majesty's Government for a general extension of terms. This resulted in an arrangement considered highly satisfactory at that time, though not unattended with engagements on the part of individuals, to -whom, in fact, in this crisis of its affairs, the Association and the colony may be said to owe their existence. The arrangement so made was in substance similar to the former one, except that instead of a forfeiture of power in default of the sale of the land on the 30th of April, 1850, to the extent of £100,000 in value, the condition imposed was, that sales should be made to the extent of £50,000. in value by the 31st of December, 1850, and should be continued annually at the same rate, in default whereof the powers of the Association were to cease.

Upon this being definitely settled, the Associa** tion resumed operations with great activity, and as they think with very marked success. The removal of the blighting contingency first referred to gave the public confidence in the completion and final success of the undertaking. Sales immediately commenced, and continued with gradually increasing demand until the time fixed for the first opening of letters of application (the Ist of July last). The result of the sales up to this period was, and has continued to be, highly satisfactory. The altered arrangements which I have mentioned took place during that interval of time, which, by the terms of the New Zealand Company's Act, embraced such important contingencies affecting the existence of that body. During that interval, viz., before the sth of July, 1850, (if at all,) the Company were obliged to make new arrangements with the Government for the prolongation of their colonizing powers, and for obtaining a new Act of Parliament, and were required to determine whether they would continue to exist as a commercial body, or would resign their whole undertaking to the Government.

During this state of suspense the Association was compelled to rest for its title upon the agreement entered into with the Company, which was of course only an inchoate and imperfect arrangement, although made sufficiently sure by the confirmation of the Government who undertook to adopt it and carry it into effect if the powers of the Company should fail.

Towards the termination of the period referred to, the Committee became anxious on the subject of title, and entered into communication with the Government as to obtaining an Act of Parliament to enable it to work out its plan independently. I haAe great satisfaction in assuring you that Earl Grey and Her Majesty's Government in this, as well as throughout the whole of the proceedings, has evinced a cordial desire to promote the success of the undertaking. But until the expiration of the time limited for the New Zealand Company's decision, viz., the sth of July, it was felt impossible to take any decided steps towards obtaining an Act of Parliament.

I refer to these circumstances as explaining what may possibly occur to you, that the Act (which we were enabled to obtain) lias been pressed through somewhat in haste, though it is, as you will perceive, in all essential respects complete and perfect to the extent of conferring on the Association all necessary powers. Immediately on the announcement by the New Zealand Company of their intention to discontinue both their colonizing functions as well as their entire undertaking as a commercial body (which announcement was made on the sth of July last), a bill for effecting the objects of the Association was introduced by Earl Grey into the House of Lords, which, with "the help of the Government, passed rapidly through its various stages. I may mention, that in the progress of the bill two points became subjects of discussion, upon both of which it may be material for me to make a few remarks.

Upon the "first, viz., the question of the Native Title, a doubt had been raised, as you are probably aware, as the sufficiency of the conveyance obtained from the natives for extinguishing: their claims over the Middle Island (T refer you to the Parliamentary papers on this subject). Having determined on obtaining an Act of Parliament, it was thought expedient, if possible, to introduce a clause expressly declaring the sufficiency of the above-mentioned conveyance. Upon full consideration, however, both on the part of the Association, as'well as the crown officers, it was felt that the doubt suggested was without foundation, that the native title had been effectually extinguished—that the conveyance from the natives was in truth made in its propor form ; and therefore that it was superfluous, if not prejudicial, to introduce any express declaration negativing an opposite construction. At the same

time the Act of Parliament lias been framed so as by its own operation to exclude all doubt on the point. You will observe that it simply and effectually enables the Association to dispose of and convey the land described in the schedule in fee simple, thereby ipso facto extinguishing (except as to the lands reserved in the schedule) all adverse titles whatever over the land set apart for the settlement. The other point which was under discussion during the progress of the bill related to mines and minerals. The Directors of the New Zealand Company, and in particular Mr. Aglionby, (with that marked interest always manifested by him on behalf of the colonists of New Zealand,) urged strongly that these should be expressly mentioned as passing with the freehold of the soil, in order that they might not be supposed to be reserved either to the Association or to the Crown. Upon this subject a good deal of discussion took place, but upon the whole the crown officers, including the Attorney-General, having clearly intimated their opinion that no doubt whatever could be entertained as to mines and minerals passing as matter of ordinary title by conveyances of the freehold, it was considered unnecessary to press the point, and the clause was withdrawn.

It may be expedient at once distinctly to announce this settled principle of construction as applicable to all conveyances to be made by the Association of lands in the colony. The act in substance embodies and gives effect to the agreement already subsisting between the Association and the Company. Tliere are a few material points in it to which I would draw your attention.

Ist. Instead of the forfeiture by the Association of its powers being made absolute (as by the former condition) on the failure to sell the quantity of land prescribed, the forfeiture is now made dependent on the discretion of the Crown. The Cemmittee are, however, confident that so long as the colony continues to make a healthy progress, they need be tinder no apprehension of an enforcement of this forfeiture.

2ndly. The price of land is fixed absolutely at a minimum of 31. per acre. This condition is therefore incapable of alteration by any private arrangement even with the crown itself. A provision in the opinion of the Committee of the most salutary kind, as excluding all possibility of tampering with this most delicate question. Upon the strict adherence to this principle, the whole future well-being of the colony in their opinion depends. The arguments in support of it have been so ably and conclusively put forward in a variety of forms that it would be merely waste of time to repeat them. You will take care that this pointmay be generally understood in the colony, so as to dissipate all doubts, and prevent all future discussions, having a tendency to introduce a change in this fundamental principle, or to create dissatisfaction amongst ill-advised persons.

3rdly. As regards pasturage licences, you will observe that the act lays open for pasturage, the unappropriated land at a fixed rent of 20s. per 100 acres. You will understand that this provision was meant to confer, and does confer, upon the Association a right to demise the pasturage upon the terms stated, but it was not meant to confer, and does not confer, any general right upon strangers to insist upon such grants, a right which would be most detrimental to the interests of the settlement.

You will he so good as to adhere rigidly in this particular to the rules laid down in the new terms of purchase referred to. In reference to this subject, I would here suggest that you should cause the laws against unlicensed squatting to be put in force most strictly ; in doing which you will bear in mind that, although by the Act of Parliament the Association have full power to sell, dispose of, and appropriate for pasturage the whole of the land, yet, until such sale, disposition, or appropriation be made, the actual property in the soil remains vested in Her Majesty, subject to the powers conferred upon the Association. The land sales proceeded after the former opening of applications in an equally favourable manner as before ; the second and last opening of applications took place on the 30th instant. Upon the result of these land sales, in a financial point of view, I shall address you in a separate letter. You will doubtless have been disappointed at the non-fulfilment of the expectations at first entertained as to the extent of land sales, and the consequent amount of funds available for the service of the colony. Such expectations appear to have been founded in too sanguine a confidence in the immediate eft'ect which would be produced in the public mind by the first promulgation of the plan of the colony. It has in fact been a work of time to impress upon the public its real merits. However, to a great extent this effect, has been accomplished, partly through the medium of public meetings and the strenuous exertions of individuals, and partly through the agency of the Canterbury Papers, of which the circulation is rapidly increasing. The progress, however, has been gradual, The Committee hope and believe that this very circumstance is in itself an omen of more sure and certain success eventually. But in a financial point of view, the amount of land-sales (small as compared with pre-

yious anticipations) is attended with inconvenience. In particular, it does not enable the Committee at once to place at your command the full amount which you estimate as required to complete all the works in progress in the colony. At the same time, with the means that they will place at your disposal, and upon which I shall address you bjr a separate communication, they are confident that you will be able to effect all which may be considered eesential to the general well-being of the colony. I send you a statement shewing the accounts and particulars of Land Sales, with the names and descriptions of purchasers. In the aggregate induing the sales both the first and second opening of applications for selection, there have been sold about allotments, containing acres of rural land allotments of town land extending to acres allotments of pasturage containing acres. The aggregate of purchase monies will be when the" full purchase money upon the second lot of sales shall be paid, £ I need not stop to calculate for you the proportions in which these amounts will be applicable to the respective funds. I would here make some general remarks upon the policy which has hitherto governed, and will continue to govern, the_ Committee as to the sale of land. ' In their opinion (in which they know that you concur) the most essential point for securing the prosperity of the colony, is to supply it with actual resident occupying colonists of the best description, and (so far as is possible, embracing all classes of society. The mere sale of land without these adjuncts, would, they think, be an evil, rather than a good : as operating, to appropriate, set apart, and as it were alienate from the public use, tracts of land, which, lying unavailable and uncultivated, in the heart of the new settlement), would be mere waste ; acting as impediments in the way of improvement, increasing vastly the expense of colonization ; by extending roads, multiplying works for internal communication, such as bridges, &c, dispersing the population, and so necessarily increasing the requisite number of churches, schools, &c, or else leaving these objects unprovided for. In addition to this, the effect of such spaces of waste land thus appropriated, would be to throw back into the far interior all after-coming settlers; discouraging them in their first undertaking, by the absence of Society, want of combination of labour, and a variety of drawbacks, which are too obvious to require particular suggestion. Acting upon this view, the Committee have deliberately and from settled principle, refrained from encouraging ; rather I should say they have positively discouraged all speculative sales of land, 1 would not here make any invidious comparison between the course adopted in the present, and in other similar undertakings. As a fact, however, the Committee have rigidly adhered to their rule of simply placing by the best and most legitimate means in their power; the sure circumstances of the Colony before the public, and encouraging applications only from parties, iona fide, interested (either as colonists, or acting on behalf of parties intending to become so. They intend to adhere to this system of action. The result hitherto has in their opinion been eminently successful. The class of persons whom you will find amongst the first arrivals in the colony, will in general be of a superior order, men of station, of capita], of education, of character and ability. But the important feature to which I here more particularly advert is, that of the land-pur-chasers, nearly nine-tenths are colonists, either actual or intending to become so, or parties representing others who are about to settle in the colony upon their land. The effect of such a concentration of Society, must, as the Committee believe, be highly advantageous, and in their opinion prove more beneficial than any result which could have been produced by the mere sale of any quantity of land, however large, and with whatever increase to the funds of the Association, if attended with a dispersion of society over a wide and imperfectly occupied surface. Of that portion of the land-fund which is applicable to Religious and Educational purposes, the sum of 10,000£. has been invested as an endowment foa the bishopric, this being a point insisted on by the Government before consenting to the creation of the see, This sum is now in the hands of the Trustees of the Colonial Bishopric's Fund.