Correspondence.

Lyttelton Times, Volume VI, Issue 364, 30 April 1856, Page 4

Correspondence.

To the Ea'ityr of the. Li/ttclton Times.

Sir.—A correspondent of the Canterbuiy " Standard " has expressed an opinion on the value-of ihe preemptive rights derived from the Canterbury Association, which I think his reasoning' most ably supports. I venture however, -.o remark, that the public would be far belter able to [Conn an opinion were the " terms of* purchase,' and the other documents in print, having reference to these

• rights," placed before them at length ; and I do not. doubt that whatever impression the letter of" A returns'" may have already produced wili then be most surely continued by the judgment of each individual reader. I ciave your indulgence if my quotations on a subject important to the Province extend to some length. They

"vviil all be found in the Canterbury papers, the text books of the first body of colonists.

The amended lenns of purchase, Sid of Juiv, 1850. runs thus—-

" Ciause B..The Jlrsi body of Colonists "ill be composed of such persons as may become purchasers of land !o an extent not exceeding 100,000 acres. on or before the 29th August, JSSO. .It being however provid-'d '.h tl the first portion of tin's bmiv who became purchasers previous to ihu 2ml of July, IS-50, shall have reserved to them the first selection of hud*, according to the 9th and three folioiving clauses."

•' Clause 13. All selections by purchasers ou ov before the Ist July. 18-50,' must be made within S jHomhs after die registered list shall hive been made up iv r.iamser bti-j<e mentioned (cl-.uses 9 to 12)." '• Clause 20- So long as any hum remains unsold ?.!ul in the possession of the Association, within the iimi'.s of tie settlement, it will be open under license for pasturage purposes at the rate of 20sper acre, for every j 00 acres, to he naid iv advance."

Cbuse 21. Every purchaser of land in the Canterbury settlement, being one of the first body of colouisjs, wiii be entitled co a transferable 'license, renewable hy sitcfi purchaser from year to year, in ihts i.Topuriiou of 5 acres of pasturage for one of rural l?.-,ul in his possession at tiie rate of 16's. Sd. for IUU acre 4 »er siiiuuiu, to be paid in advaucj. So hiig as a suiiicieiu quantity of land in the possession of the Association remains unsold and unappropriated.-'

•• Cianse 23. Lands licensed for pasturage will .ajv.ays be op.-n to purchase; and any portion of such hurts may be taken at any time by she chief agent or other authorised officer of the Association, for any purpose other th.-.ii pastunge after one ■mc>T..tYsjno:ic:-, excepting where the occupier is one 01 the first body of colonists, in which case he shall have a prior or preemptive ri-ht of freehold purchase, ft;:.-i shall be allowed the option of purchasing tv; tend, or any portion of the same bein" not less xnan 50 asrss for Ai ff «<.//, before the expiration of one month. Provided always, that any party appiyjuif to purchase ba required to deposit the whole o!; me pu;-ciia«! money to ensure the fulfilment of hi t-r.^auement." _ •* Clause 26. The purchase money must be paid in ns... »» e f. 1 r'.any.w I tywi!ll, e entitle! to receive his i3-iu o:-"er •;-• ia p-.n.tijj>{> ■;» the unvll-'cs granted to il !l - /( r I !_Wj..r\..r t) , l i. ! s: U'^^Wri-iu to tlio^ nnvKe-, -n:,/ :. e - cll , (/ .i s)v the , lilVlJi : ut oi t iAw:zn of ill p.-:- „•„,.. Provided* tinil the i «««,«„..,■ or t: ltf p ar .-i,a^ >.v.w : . Uo.idou or tinj^:,,-., r; Oc.'-.^- m dt-f,,nit _o: v.:,jc:i the b.iid CitpO-]" ..:,] ri:i;.i:iit; f.,i/u'; -:"i." " C .::.!-_- :;l /; 'it ki: : i lime thsJ.wiativi should bei., M ;,:>!<il, t-r, lf/ .,i J : l ;.s tuxLrtaki.,,!, the laud unit „. . .„_ c- b ■ re.;,, v ■ //,- , -,„ p ., rit . se Z o f //; , .;,. svC!'.- i „<,,,! thai porilo. ,/ ,"/ uh . ch lh , u remains J uns-l :.n : ;■■ (lUchn-^dJr,,:u a„, V, a '. iillcj banned ";""■-' ■'■:' ■'- };; ■ ' vj'n:;-n ifsc-ives to ijsulf «i,'...'-.: n.^n.. m-.i: ;«-. f .';/7.- 7 ,; & ,,.v:,, thtse terms. -^•■:/- " ' M-uy/jr-yj. i: „;:,':. r -» !,-■ c xa- .Jienl or ;':. i§ ' ;--i-';.. t W ■ ■//,;/;/,, „//V«t v i/,an.i ''b. - 1:'"- ' ■•!'•?! ii .'..,.: . ;i. ; c ill!!!-ins .1 ; ier I wnic.,-..,. „. h !,-.,,. :il . „vt u tot;,,. „.,„,.;„■„„,.» j f «'■:'.. .-if, art ? ;- •„• ,-.-U \\vi^v\x-<. in wii!c:i ■-,--.■■ ::w:fe::- i:„ i :1 . ; • a,,, \ l(y \ y > f>r Ca«:t-,-;):« a- CW,!.', \v.. .i-v-r privfl-ir,..,, lil«V .-•»!. :i-:v t:JHJ!iI .^.. .• E „, \V:is'«. J.juuls Of li;!< J J'OViIIC«;. i . .... „.,,.,.„-, (l 1() : jlaiu::- ::..„■,. -„ .:-.:- •• >.., i,..,,, s . M . d;i! j \ n'*;i-"J:i,: »';> hi lii- r. .- •;.,-, n , IA . |„j,; ;c ,],„ j •\pr:'.-..T.t'i,;.- o:'-:-!!..., „ „.:;., .. ..;.;,,,, „„ I :■:»«:•■-::•■.-:■•':■.••.. "■" •■ : ".•].: I ; ,-H iM-.'M.iijir i«:tl ••'.•:..; 0..i..'.i.=«,:; _:•.:■.::■ !:-.■! • f.-j,j. wo.m"i j '..!V".\ : i':-'V :■•.• „. .-.■•■;, (.•:• :-.i ..■;-.,; . i\.. j .''. :..:■'. I:-:. ,!:', p : -s;>-c:!;^ ::V:i •!,.• | ;:l ! ' ■"■■'■■■ l-:;''' ...\j « $■'}./;■:■.■■ ■•■:. V.y. VJ t ;

"Allotment of Pastqkal Ranges."

" Licenses conferring the right of depasturing the unsold land within the limits of the settlementjAvill be granted on the conditions contained in certain clauses of the terms of purchase. But each purchaser, being one of the first body of colonists, will be entitled to pasturage in proportion to the amount o/ Aw freehold land on the conditions offered in clause 21 of the terms of purchase. Pasturage licences will be issued for periods not exceeding twelve months. These licenses {[will however convey no right to ike soil, nor will any allowance he made to the holders of them for improvements, as the object of Tin^ Association is to avoid everything LIKELY TO DISCOURAGE SALES."

li By the adoption of these arrangements with respect to p.isttirage, the real price of land in the settlement, will be materially reduced to the Jirst purchasers, as they -will'acquire not merely the stipulated equivalent tor their purchase money in freehold land, but moreover a right to what will necessarily be for some time to come a voiy large extent, of pasturage. For example, the purchasers of the first 10.000 acres of land will have the privilege of depasturing the rest of the districty'and; will only lose that privilege by degrees as tl\: settlement shail fill up, and their freehold thereby increase in value."

Sir, I cannot conceive it possible (o retrard these pre-emptive rights in any other Ji»-lit tbnn that of personal privileges attaching solely to the first purchasers, and even to them only guaranteed while they shall continue to have "in possession' (clause 21) the land from which alone they derived those rights. I maintain then,"Sir, that these rights could not be handed from person to person.. If it be not so. then at the utmost they could only pass along with a conveyance of the land, and then only So some other first purchaser.

The next document emanating from the Association which I wish to quote, dates 7th of Sept., 1850. and was despatched by the Sir George Seymour, one of the .'bur ships conveying the first body of colonists. At page^2o, N0.7. of the Canterbury papers, runs this comment on the nature of these pre-emptive rights. From this it will be seen that, the Association intended that the LancTOmce authorities should lequire these rights to he defined without delay, and for very obvious reasons of public convenience.

'■...considering that there is attached to this right of pasturage a right of preemption, which is in the nature of an inchoate tiile to rite soil, it will be most desirable to define them zolth the utmost possible precision so as to avoid future disputes as to title." " It wil] be needless for me at pre.ent to dwell particularly upon the subject of the preemptive right over the pasturage land or miv matters connected vviti it. It will not in all "probabili:y be called into e>.ereise for some time to come. It" will however be desirable so to explain to parties its nature that: its precise efl'-ct should be understood. It is, that during (!>e period of the license but no longer, and therefore oahj so long a-; this A<saciatiou°shaU be masters uf the territory, every holder of pasturage with such preemptive rijjht attached, wilTbe at any time entitled to purchase the whole or any part, of his pasturage land at the s:nne rate and subject to the same conditions to sectional quantity, shape, lines, &c, as//i; original rural land, nor will any one be entitled to purchase over the head of such licaisue til! :<frer one month's notice at the Land Oin-e in thn Colony. You will take care that in all eases of such notices, i:mr>Hi,ir & communications are made to the parties Uteny.te.d so as to thorn an opportunity of exercising their preemptive rights. Koiia should also be friven by parties inteudina- to purchase, so far n-i eircunfiiances wiil admit, to the actual occupiers of such pasturage land."

'1 he concluding sentence enunciates as dearly as need be, that the occupier has no participation in the purchaser's; riyht-;. Indeed, small account enough is taken of him, whr*n he is only to have notice '; so far as circutnsiances may admit," —not, he it observed, from the officers of the Association as a^ matter of duly and routine, hut from the uitendaii,' purchaser, at, liis pleasure. From this document, equally with the first ones qnote.l, J i n ,, st ay-iin conchide that tii.:.sej ( n:-e;nptive righl.s attaches only to an osiginal purchaser still in possession of his original purchase ; that they last, only durm-lhe period of the licence', which is to 1>« reiuMvahlc ,'Vc>m year to year; that co;i-';qu;;:;!iy the o/ni.ssion on the expiration

a total forfeiture of (he pre-emptive right and that, after all, when the Association ceased to be masters of this territory, these rights all fell to the ground. Whatever validity it may be pretended they continue to have at Law, they have none at all in Equity.

Finally, the Canterbury settlers themselves, both by the spirit, of constitution acts, and the rules of sound sense, have a much stronger riglitjthan ever the Association could assert, (clause 32) " for the general benefit of the .settlement," to make such modified rules for the disposal of its waste lands, as -' experience" has " proved expedient," ami to see that unrounded " rights " be maintained no longer to obstruct the progress aud prosperity of th£ Province. I am. Sir, Your obedient servant, Pke-Pilgkim. ,>'- April 22nd.

To the Editor of the " Lt/tteUon Times."

Si::, —As the parent time is one of great perplexity to many of the colonists, those especially which form the agricultural portion, I take the opportunity of addri.\-sin«r both them and the vest of the colonists with whom tht-ir a/F.iirs are mostly interested. It is not to be denied that this colony was formed with a view boih to agricultural and pastoral interests; but liiat »lio propniiileuuin^ iijic, so far as regards labour employed, opening of the country, and advancing tlte interests ami prosperity ot the settlement, is most decidedly the agricultural portion; for, by the improvements attendant u;»o:: farming, it increases not only t'ue value of t.ie land .-o worked, but raises the neighbouring hiiiti iv v proporiionale ratio. Now, most of lh« settlers thai came from England have settled as farmers; and sd lar, having had hard work, and up t<> the piTse:ii time svial! returns for their work, and still greater outlay of money, they are fairly entitled to the first consideration.

The present time is a must trying one, in consequence of the fall in the price of wheat in the Australian markers. Now, here conies the turning point : are they to advance or recede ? If they make a retrograde inuvemeiii, very l\t\v (I think) hut can prognosticate the same movement will have to be made both by merchants and storekeepers, indeed by nearly ail those engaged in trade; for this reason—the fanner has no longer a ready sale for his produce, but has still, in the face of this serious obstacle, to pay in cash (come how or where it wii;) exorbitant and perfectly ruinous wages ; therefore, all his money being so engaged, and with his unsaleable produce on bis hands, he mi! ii! longer pay his different bills, until' he finds a sale for hi;; produce. If those to whom ho is indebud pi-fss and compel him to pay, he has to svll his grain at ruinous, prices to liquidate ihrir ciairns. But ] must remind all that would adopt such a eouise with the farmers at the present time, th?it, in raining honest, hardworking, persevering men, they are only bringing to completion their own ruin. Look at the position wcli, at thi> critical period, before you force for payment. A man may have the will, be may have the produce, but hot the money. Many as are the risks attendant upon farming, lite fluctuating .state of tiie Australian markets year by year is one of the most severe and trying, bec;usi; il puts all calculations at nought. Therefore, i],e fanners, though actually solvent us regards secnuiiv, are insolvent except at v ruinous solvency. If, on the other hand, they recover this temporary blow, as undoubtedly they will, if aided and not oppressed, think but for one moment on their position. Their farms were almost phantasies of the brain when urain was at a hi^li price and wa»es comparatively low ; they persevered ; the swamps were reclaimed, the water drained oil', and the now available land brought into use. But how lias all Ibis lu-i-n cllei-ted ? lias it been done for nothing? Certainly not. It has cost much bhonr, time, and expense. Indeed this last item is of no inconsiderable a portion ; for there lies the animal that has eaten the gold out of the farmer's pockets, and with no !-p;umg uioutb, for it has left little or none, but has given him in exebatige his (at this time unsaleable) produce. Let a small space of time elapse, and Ur(/n;:.\wt'h> aufi*« in U>e markets, be will be able

to meet all demands. But press them not now, else you crush the goose that lays the golden

e»g for you, and indeed upon which binges the whole prosperity of the colony. Would the stockowner ever be able to count his profits high if it 'had not been for the co-operation of the agriculturist?, who open (hem the marl for the sale of iheiv produce, render the means of transit and shipment comparatively easy, and furnish him with provisions (both of their own and of the neighbouring- colonies) at a cheap rato, on account of the consumption their work calls into play ? Therefore, in ruining: the farmers, you ruin the colony. Remember the wages they have to pay, and must, to enable them to struggle on with the hopes of a favourable turn in the wheel of fortune. Speculation may run high and wide of the mark; but I think that no one can deny that two out of three years Australia is deficient in her markets, in consequence of failures in the harvest. Therefore, ijaving this well in view, let the labourer not distrust —I may well say disgust—the farmer with his occupation, by their excessive charges for work; but when wheat is low then wanes ''. flight to be proportionate, and not, as they undoubtedly do, swallow ail the profits, leaving nothing for the farmer's time, trouble, and anxiety. Some that have risen to be farmers themselves, now declare that wages are too high for fanning at the present price and extra risk. Yours truly, Agricola.

To the Editor of the " Lyllelton Times.'" Sir, —In your publication of the 16i!> inst., there appeared statements that the Marries were allowed to exercise the greatest extortion upon .settler?, and even that they had deiied the public -Authority, and were so entirely independent of nil control that the Government did not i'jel itself in a position to vindicate the law, but t'ven had paid to them their unjust demand in preference to doing; so, because there existed no force to back the civil power. Now, it is evident that should such a state of things be allowed to continue, we shall soon hear of far greater outrages than these, endangering even the existence of the whole Colony. It has, therefore, struck me that the time has fully come when it will be necessary for each Province to raise a kind of Militia for its defence against all lawlessness, either from the Natives or any other source. I was in conversation a few days ago with a gentleman who had been on the East Coast, and who heard some of the Natives there say, that it would he a good thing to come some day with a few thousand, and give us a thrashing in the Middle Island. And this will doubtless be effected, if they perceive thai we are afraid to enforce the law against them, and utterly unprepared to resist an aggression. There are many roen in this Settlement far more competent than myself to suggest the manner of organizing an efficient force here, hut I think there might easily be found a sufficient number of able-bodied men, willing to envoi themselves, and, some who have been in the army, might undertake to drill them, say, once a week in some convenient locality, and, as most of us possess a gun of some sort, to which a kind of bayonet could be readily adjusted, the difficulty about the expense of arming might he easily overcome by a small sacrifice on the part of each individual for the public safety. I hope that these suggestions will meet with the serious consideration of my fellow colonist?, and that those who are more capable than I am to deal fully with the subject will take the matter up in right earnest. I am, Sir, Your obedient servant, C, A. M.