OTAGO.

Lyttelton Times, Volume IV, Issue 184, 15 July 1854, Page 5

OTAGO.

We have been favoured with a copy of ,the Otago Witness, dated May 6, by a gentleman who has just arrived over-land from Otago. Though more than two months old it contains the latest intelligence from that Province. Since we heard of them last, the Otago people seem to have been wrought iqtp a state of great political excitement. It appears that the absence of the three members of the House of Representatives, who are also members of the Provincial Council, ihas left the Superintendent's party in a minority. We cannot judge of the whcle .merits of the controversy between His Honor and the Council, as we have not seen .the context of the proceedings which are .reported in the Witness of the 6th of May. What news there is, is sufficiently curious. The Council, or rather that portion of it , which is left, appear to have been ,grasp,ing at executive powers according to their own report on the " Ferries' Bill." This Report is remarked upon at some length by the Provincial Solicitor. On the 24th of April ; the Council met, when "A message was introduced from the Superintendent, proposing to address and prorogue the House on the following day. Whereupon it was moved by Mr. Harris, seconded by Mr. E. M'Glashan, and agreed to, that the Provincial Secretary be requested to wait on His Honour, and state, that as there was an important new Bill about to be introduced into the House, his Honor would delay the prorogation for a short time. The House then adjourned ( till the following day." The House having met on the 25th, the Superintendent, in terms of his notice of yesterday, that it was his intention to address and prorogue the House, entered and stated his approval of four Ordinances in the following terms:— " Roads' Ordinance. Approved. " Appropriation Supplementary Ordinance. Approved. " Scab Ordinance. Approved, because I will not deprive the public of an essential measure, notwithstanding its being artfully contrived to entrap me into a dogma, against which I protest. See Rider to section 21, which puts the word 'Resolution' in the place of * Ordinance.' " Fen-ies' Ordinance. Approved, because of the daiiger of land necessary to the Taieri Ferry being alienated and passing into private haDds before another session could be held." His Honor then proceeded to prorogue the House in a speech—to say the least of itcharacterized in some points by dogged determination. The proceedings irresistibly remind us of the famous Hardkoppig Peter's dealings with his Council. We can trace in Captain Cargill's speech the same honest, though somewhat obstinate tenacity of purpose. Oliver Cromwell himself, if placed in the same position, could scarcely have expressed more emphatically his determination to check a " Rump Otago Council." We have not room for more than a few extracts from his Honor's speech. It would appear from it that he is as opposed as this province is to the low-price theory of land sales. "Mr. Speaker and^Gentlemen, —I have now to thank you for your public services. A first session under a new Constitution is always beset with difficulties; and, in the case of a young colony, with personal sacrifices which, in an older state of society, could hardly be conceived of. You have passed some Ordinances that I hope will tell upon the well-being of our community, and, in so doing, will have roused the public mind, so as to make future legislation comparatively easy. It is one thing for legislators to do their best, at the close of a long and benumbing despotism, to discover and provide for the wants of a community —and quite another thing after the wishes of that coimnunity shall have been hopefully discussed and freely spoken out. Your Council has shewn a tendency—not

unnatural, perhaps, in the novelty of our circumstances—to exceed its proper bounds, and to trench upon the functions of the Executive. In giving proof before the public that the prerogative of the Superintendent, so long as in my keeping, shall be strictly preserved, I beg to assure you that every right of the Council shall ever be equally and constitutionally respected. But there is a third party whom we are equally bound to respect. Superintendent and Members of Council are alike indebted to the confidence of the electors.; and it is to this confidence, and what is due to it, that I would pointedly and for a moment advert. It has been observed that the origin of popular legislation is that of a whole body of freemen assembling in Parliament, and, by plurality of voice, establishing the public laws. But increased population having made the numbers inconvenient, the election of .representatives is resorted to. Such representation, if perfectly carried out, would make the laws and public policy identical with the general mind of the electors; in some cases, perhaps, with a little delay, because of the time required for information and digestion by the distant electors ; but, on matters of popular right, to which every freeman is alive, without a moment's delay, if the elected have been properly chosen and stand true. On the question, therefore, of the price of land within the Otago Block, I should think it best simply to lay ir before the settlers under the following queries:— What sum per acre is required— Ist, for a progressive supply of British labour ? 2ndly, for roads, and, 3rdly, for religious and educational uses under the scheme ? and, if any, in what way, according to present experience, it ought to be applied? If asked my individual opinion in answer to these queries, I should unhesitatingly say, — For the first 10s., for the second i ss.,'and for the third 55. ; ; in all, 30s. an acre, and no difference of price betwen rural and suburban lands. And I would further say, with respect to the 55., that, at the point which we have attained, and the work to which the people have set themselves, the greatest amount of relief and public benefit would accrue from its being now exclusively applied to Church and Educational buildings. But in giving my individual opinion, I crave for myself—as for every other—the right to give my reasons for that opinion. They are these : —the necessity of roads and labour to make them, must be obvious to all in Otago: and the necessity of labour also, skilled and unskilled for the service of the colonists, must be equally clear. By what means, then, are these wants to be supplied? In Wellington, for instance, a trial has been entered upon, and of the three things proposed under what is called the cheap land system—viz., labour coming at its own expense, road-making by assessment, and the small purchaser or working man having land as he wants it —the immediate issue of this trial has been, Ist, the pledging of their revenue for £10,000 for the purpose of bringing labour (a sum just equal to £1,000 for Otago, and therefore not final, if the labour market is to be maintained) ; 2ndly, the admission that practicable assessments might keep roads in repair, but can never make them; and, 3rdly, the startling fact, that of the first block of land brought to sale under this system a portion of it had to be instantly conveyed by parchment to an association for the supply of small purchasers, who would have otherwise been excluded by a rush of large purchasers, attracted to it by reason of the no-land-fund, or speculative cheapness of the article. No land fund, certainly ; because, out of ss. or 10s. an acre, after paying surveys and administration (including payments to natives), the residue for roads and immigration is a mere sham. The square-mile purchaser is quite aware of this sham, —in fact, it is the very foundation of his monopoly ; for what limit, saving his purse or credit, can he sjt to the number of square miles he can, by himself or agents, instantly demand and obtain. Ownership of land is a universal passion, from the British peer to the humblest labourer ; but reason says that arable Crown lands in New Zealand should only go to parties that will populate and turn them to account. But if the man who can presently command a thousand

pounds or two is to acquire a country side, to the exclusion of future parties (large and small) who would populate and improve, the lands are thereby recklessly alienated, and the working man, who expected to invest his savings in a share of them, is forestalled and cheated. But, in connection with the administration of wild lands, I have further urged, in the memorandum referred to, with respect to the tax of 25 per cent, upon the land funds of New Zealand, that every effort should be used by the General Assembly for its total and unconditional abolishment. The debt it is intended to liquidate is justly due to the New Zealand Company by the Home Government, and its being laid upon the colony would appear to be the price exacted for our Constitution. But the assent of the colonists to that price was neither asked nor given, and the exaction ought therefore to be resisted by every constitutional means. Meanwhile, and as this may be a work of time, I have suggested that (under strong and standing protest) the form of this exaction should be immediately changed (a change which the Company has itself solicited) from that of a tax upon land sales, which falls upon a single class, to that of a charge upon the general revenue for the interest of debentures. Gentlemen, I have alluded to changes of mind—changes which originated with the cheap land proclamation, but which have branched out to matters of far higher importance—matters affecting the principles which stand at the root of human society. The rights of our freemen have been thrown to the winds by some of their own representatives, insomuch as the latter have shewn themselves averse to wait the opinion of their constituents, and determined upon the high banded enforcement of an arbitrary measure, because of its accordance with their particular views. And not only so, but to avail themselves of their position to retard legislation and embarrass the Provincial Government. I frankly confess, as I ever have done, that I remain unchanged as to the principles of our scheme, of its originators and adherents, principles of civil and religious liberty, as lately elucidated in the history of the " Ten Years' conflict" and "the Life of Chalmers," now engaging universal attention, more especially in Germany and the United States of America ; but why on that account, should I be opposed by the men of change, except indeed, that they would have one of themselves into my place as Superintendent ? Now, lat once affirm that if the body of electors shall not wait for the demission which the Constitution Act provides, but, on seeing a bare majority of the electors opposed to my Superintendency, I shall at once resign ; and I could wish nothing better than that the men of change—in or out of Council—should carry this proposition openly through the Province, and bring out the public mind. But meanwhile, I do demur, for the sake of public business, to such an assumption as that of the Superintendent having no Executive powers whatever except what the Council may please to give him; and also, that in the absence of gentlemen on their duties to the House of Representatives, which leaves a uniform majority of the Council opposed to the principles on which (with one exception) they were returned—that these men of change and assumption should so carry it as to obstruct the public business. They have voted the Superintendent a cypher, and have only further to vote themselves in perpetual Session in order to get rid of the electors alto. But this will not do. We have heard of a Rump Parliament, but a Rump Otago Council, of which indications are given by proposals to adjourn itself by the month (holding fast, of course, by the reins it would assume, from year's end to year's end) is out of the question. The Constitution Act is of the 19th century, and a solid fact. Our present state, be it observed, is one of mere transition —a creation of circular despatches, until the meeting of the General Assembly ; and of the legality of which creation grave doubts have been expressed. I however at once gave my voice, that, in the emergency, we should at once take up what was thrown to us of revenue, and administer it for the public good. And I now affirm that all who were of the same mind, but are now going about to obstruct the public business unless the Superintendent shall make himself a cypher, are thus

far enemies to the Constitution and the public interests. Gentlemen, I wish to be very frank with you. The statements I now make are chiefly for the consideration of our common constituents — the freemen of this Province. Let them be the judges of their elected Superintendent, and of their elected Council, in all its doings, both before and since the departure of the members to Auckland. But there are other parties to whom the figment of Provincial Governments being mere Municipalities, in which the Executive (though an officer of the Crown) has no other standing than that of beadle to the council. I have ever stood (and at some cost too) for the rights and privileges of the Otago settlers. These rights and privileges are ultimately in the keeping of the settlers themselves; but whosoever by taking them at unawares, would in any degree defraud or override them, I shall ever oppose. Let no man suppose, because of this political sentiment, that I have either friends or foes in any other sense. Whoso imfiinges upon the rights of a people that had intelligently committed themselves under pledges made to them, touches the apple of my eye; but in no other sense do I admit, as Superintendent, to have either friend or enemy within the Province. If younger men should feel and act otherwise, I. may. regret, but cannot help it. At the same time I live in hopes. Experience has shewn me that right will surely prevail, and that persons deluded and carried away for a time will generally come round. Gentlemen, with these remarks, I now prorogue the Council until further notice." Mr. Gillies then rose and tendered to his Honor his resignation as a Member of Council, after which the Council separated. AUCKLAND. Private accounts from Auckland inform us of a very gross system of jobbing which has for some time prevailed in the administration of the Crown lands in that settlement. It has been the custom there (our informant states) to reserve unsurveyed land, without any payment, in any blocks, for different applicants, until such land should be suvveyed. This survey might not take place for an indefinite time. The consequence was that newly arrived emigrants could buy no land at all from Government; and various private parties, in whose name land was reserved, including (it is said) many military officers and Government officials, amongst others two or three in the land office itself, were retailing considerable tracts of country. However when a House of Representatives appeared at Auckland, such a system could not last. An order was received at the survey office on the 26th May, providing that all reserved land unpaid for within one month should revert to the Crown. Another great drawback to the prosperity of Auckland, has been thesmallness of the extent of the land purchased from the natives. Commissioner M'Lean is there now, and it is hoped that his presence will be of service in removing the difficulty, though the land will have to be bought at far higher prices than it would have been a few years ago.

To the Editor of the Lyltelton Times. Kaiapoi, July \\th, 1854. Sie,—ln your paper of the Ist instant, TvMch I have just received (our postal arrangements not being at present in a veryperfect state), I perceive a letter from the Rev. O. Mathias " regretting the concealment " of a certain letter written by Mr. Gell to the agent of the Canterbury Association, dated September 30th, 1852; and also a copy of the letter said to be so concealed. Without entering into the intricacies in which the Ecclesiastical affairs of the Province are involved, but feeling strongly that if ever they.are to be disentangled, this must be done, if not in a spirit of compromise, at least in a spirit of courteous investigation : I am anxious to do all in my power to allay all unnecessary causes of irritation, and therefore trouble you with a statement of certain facts in connection with this letter, which I shall feel obliged by your publishing. .In the month of September, 1852, certain

intending emigrants to this colony, who were very anxious before their departure from England to know something definite concerning the actual settlement of a Bishop in the colony, addressed and signed a requisition to Mr. Gell, requesting from him a statement of his views in this respect. Sir Thomas Tancred and myself were amongst this number. This requisition was despatched by Sir Thomas Tancred to Mr. Gell on the 27th of September. On the 30th of September, the Minerva, carrying some of the requisitionists, sailed from Gravesend, and on her arrival at Plymouth, I found a letter from Mr. Gell with "a copy of a letter from him to Sir Thomas Tancred: beginning thus :— Harrow, Oct. 2nd, 1852. "My Dear Sib Thomas,—l ha-«e de- " layed answering your letter of the 27th of " September in order to be able to enclose il you a copy of one which I wrote to Mr. " Sewell yesterday ," Sfc. Sfc. And in his letter to myself he writes— " 16, Upper Seymour Street, "Portma?i Square, Oct. 2nd, 1852. " My deab Sib, —I enclose you a copy "of my answer to your letter, of the 27th " ult., which Sir Thomas Tancred will not "have time to send you. Will you ask " Mr. Sewell to let you see the letter re- " ferred to, and shew him what I have written "to Sir Thomas." I feel convinced from a certain familiarity with the letter published in your columns that Mr. Sewell either shewed me the letter or made me acquainted with the details of it. Soon after my arrival here, I attended a meeting of the Church Committee at Lyttelton, at which both the Bishop's Commissaries were present. I then stated I had received a letter from Mr. Gell, and entered into the substance of it as far as I could recollect its contents, (the letter at that time lying in my desk among a perfect chaos of baggage on the banks of the Waimakariri), and promised to lay the letter itself before the Committee as soon as I could get at it; before I was able to do this the " Hampshire," with Sir Thomas Tancred on board, arrived, and soon afterwards I learnt (I believe from your columns) that Sir Thomas Tancred had laid the letter itself, of which mine was a copy, before the Church Committee. Therefore it appears to me that the members of the Church Committee could not be ignorant that such a letter existed, as it was expressly referred to in the letter laid before them, and also, I think, it may be justly inferred, that as Sir Thomas Tancred laid the letter to him from Mr. Gell before the Committee, from which letter it must have been known that a"copy of Mr. Gell's letter to Mr. Sewell may or had been in his possession ; at any rate, that he could give all necessary information respecting it. Something of the contents of the letter to Mr. Sewell must have transpired, or that curiosity to see it would be so aroused as to cause enquiries concerning it. These circumstances appear to me to exonerate Mr. Sewell from the grave charge of criminal concealment of a letter—a letter public, I may say, at the time of his receiving it. Should any of your readers wish to see Mr. Gell's letter, I shall be happy to place it in their hands. Trusting that you will excuse the length of this letter, I am, Sir, your obedient servant, John Raven.

To the Editor of theLyttelton Times. Sib,—May I request you to state that an error occurred in your' last week's paper in affixing my name to the first of two advertisements which you published, calling a meeting of the Church Property Trustees'. The advertisement which I joined with Captain Simeon, Dr. Donald, and Mr.

Henry Tancred, in publishing, was that which calls a meeting to consider " certain reported cases of alienation of Ohur-h Lands to members of the Lyttelton Church Building Committee," and by what steps such land could be recovered for " Church and Educational purposes, for which they were by law set apart." J Each member of the Building Committee advanced £30 towards paying off the debt incurred. Some of the members have ac ceptedfrom the Agent of the Canterbury Association land as an equivalent for their advances. It has been currently reported that|some of this land has been sold for a sum very considerably in excess of that advanced. That excess I hold to belong in all morality and honour, to the Churchmand Education Fund ; for I cannot consider the case as one which can be treated according to strictly legal or purely commercial rules. But, in fact, I take higher ground than this. Tarn firm in the opinion the land should neither have been alienated by Mr. Sewell nor accepted by individual members of the Building Committee, the matter having never been brought before the BuildinoCommittee as a body, ° Captain Simeon requests that you will he kind enough to point out the error committed in affixing his name to the first advertisement. I am, Sir, Yours obediently, J. W. Hamilton. Lyttelton, July 12, 1854.