WELLINGTON.

Lyttelton Times, Volume X, Issue 627, 10 November 1858, Page 7

WELLINGTON.

(From our own Correspondent,) October 26

I have but little to communicate on the present occasion. The most important item of intelligence is the arrival of the new Puisne ■Judge, his Honor Mr. Justice Johnstone, in the ship Robert Small, Captain Darke. This vessel dropt anchor in our harbour on the 14th inst.i after a pleasant passage of 102 days, and has brought a full complement of passengers, the majority of whom, however, are for Nelson. They all speak in the highest terms of the : unceasing endeavors of the captain and officers for their comfort: and these sentiments they have embodied in a published address. No sickness; death, or birth occurred during the voyage/ The arrival of the judge is hailed with feelings of universal satisfaction, and I hope that no occasion will ;be given us, as heretofore, to complain respecting the irregulavityJiitfcending the administration of justice in the colony. The English: mail has not yet arrived, and great anxiety is beginning to be felt respecting its safety.- Its non-arrival is also a serious inconvenience to- our commercial community, making every one the more desirous of seeing the establishment of inter-colonial steam service, «s likely to be of great benefit in bringing us into regular and repeated communication with the mother country ; and this is essentially necessary to the contentment and presperity of the colonists at large;

The Rosebud sailed on the 16th instant for Sydney^ but getting dismasted at the Heads she has been obliged to return to port for the necessary repairs. The fate of the Oliver Eang is still undecided ; she has been towed on shore by the Wonga Wonga, and the necessary surveys have been held, but no report has as yet been sent in. If condemned, there is a supposition that she will be fitted as a large coal hulk, if practicable, for the accommodation of sfcaamers. "" .

-The Comet, which made its appearance here on the night of the 15th inst., is the same, I believe, that was seen in 1264, and its presence this year, I have been informed, was predicted with great accuracy. lam not, however, sufficiently versed in the science of astronomy to gossip with you concerning this heavenly visitor, but must refer you to an interesting article in our local journals, which, emanating as it does from the peri of one well qualified m in this •" respect, is worthy of the best consideration of those curious in such matters. .

It is with deep regret that I have to announce that we are about to lose the valuable ministrations of Mr. Hutfconj who for the last eleven years has been incumbent of the Churches in the Hutt—a regret that is the more keenly and universally felt, sas it is known that -Mr. Hutton's removal to the North is necessitated ■on acoount of ill health. Last week his parishoners and others presented him with an address and a testimonial consisting of a purse containing the sura of one hundred and thirty sovereigns, i The address must have been.peculiarly gratifying to the reverend gentleman, for it embraced the names of men of different religious opinions and diverse creeds in politics. "This offoring" (as was well remarked by the ' Independent') "must have been as welcome to Mr. Hutton as was the offering of the affectionate Phillipians to the great Missionary apostle, not that he desired a gift; but that fruit might abound to their account." Death has removed another old settler from amongst us, Mr. George Ashdown, one of the oldest settlors in this, and well known in Canterbury, and the adjacent provinces. He died-on the 16th inst., much regretted and- respected. I have no freshl political intelligence to communicate. Affairs are in staluquo; both the belligerent phrttos awaiting the return of Dr. I'oiitherston from Melbourne before they commence hostilities. 'What course events may tuko, it is quito impossible to prognosticate ;

it is, however, believed that matters must shortly come to a crisis between them. The Ahuriri " separation petition " is at present the subject of much comment. And as I learn frnm_ private but authentic sources that the petition has received more than the necessary number of signatures, I suppose it may be considered un fait accompli. Whether the settlers in that district have sufficiently counted the cost of their enterprise remains to be seen ; time alone can prove the wisdom of their present proceedings; but I think they will eventually regret their hastiness in separating from and throwing off parental allegiance. Be this, however, as it may, the eager and instant avidity with which they availed themselves of the permission of the act was significant that it was intended by the framers specially for them to act upon. The measure itself I cannot help regarding as emanating from that peculiar jealous feeling with which Wellington has ever been regarded by the north. Wellington has never been, as I suppose you well know, a Benjamin in the Stafford^ Ministry. It is not impossible that this actm£*y not be allowed by the Home authorities. An answer has been received to the memorial forwarded to the Bishop of New Zealand on behalf of the Rev. A Baker. In his reply his lordship states - that " he does not consider it necessary to pass any ecclesiastical censure on that gentleman." In alluding once more to this painful subject, I find that an opinion I"advanced in your journal, has (unintentionally on my part) given offence in some quarters. I wrote, " No jury I think would convict upon the evidence;" and I hasten to assure the aggrieved parties, that in venturing such opinion, I did not fora moment wish to call in question the ability or conscientiousness of those who presided on that occasion; for as Mr. St. Hill well remarked in a published letter (I quote from memory), "The same sacredness of an oath that is binding on a jury, and the same common sense that would guide them in coming to a decision, is equally the obligation and would also be the rule of conduct for a bench of Magistrates;" but I was actuated in "the opinion I advanced by a knowledge of the fact that the inferior Court is a Court of Equity, while the superior is (especially in criminal matters) bound by legal technicalities, so that what might convict in the one would fail in so doing in the other. I think it right to offer this explanation. The White Swan and Lord Worsley have just arrived from the southward; the former vessel bringing us dates from your port to the 20th inst.'; and the long-looked for appearance of the latter its also a subject of much gratification amongst us. The Indiana from England, the Jeanie Dove (with the mail) from Melbourne, and/ other are now due. - The :White;Swa;n/'sails*.for 'Nelson arid Manulcaa, 'and will be followed in the early part of the week by the Lord Worsley. .With the exception of the Harkaway and Oliver Lang there is little or no tonnage in the harbour. I have exhausted my budget for the; present, but trust to be -shortly in possession of something worthy the attention of your readers.

October 28, 1858.

The Mercator arrived last night from Melbourne, but has brought us no intelligence of interest colonial or otherwise. The brigantine Union from Sydney has just cast anchor, and she bears the welcome news that the long and anxiously expected July English mail, and the one for August were in Melbourne, and may be daily looked for "here in the Jeanie Dove, now hourly due. This vessel is under charter to the Provincial Government for. this purpose, and as the Canterbury is detained to await her arrival for the purpose of forwarding as quickly as possible your portion of the European mail, I sieze the opportunity of her detention to send you an addition to my letter of the 26th instant. From private sources I learn that one of the most important items of home news is the accomplishment of the sub-marine electric telegraph between England and America. If this" has been -realized (for I am only at present in possession of rumour), it is one of those striking events that seem pregnant with interest to the world at large, and of which it is impossible to anticipate the-results. . : S

To turn to matters, however, more immediately affecting ourselves, and more in accordance with my duties as 'your correspondent,'—the gossip of the past week comprises nothing muck worthy of remembrance.; ;The little steamers (the adjective has come into use since we have, the px'oraise of such vessels as the liord Worsley and others as visitors) Wonga Wonga and Tasmanian Maid arrived almost simultaneously from Nelson on: the-26th instant. They left the Sound with an interval of twenty-five minutes between them. The Tasmanian passed the Wonga as the latter was getting under weigh, and arrived at Wellington eighteen minutes before her, certainly evincing no great difference; but what little advantage there was belonging to the Wellington steamer, as she gained to the extent of seven minutes in the run across. There is not much disparity between them: they are both fine steamers of their class, commanded by able and gentlemanly men, and are a great boon to the respective communities to which they belong. Yesterday the Nelson boat left on her return trip; and to-day the Wonga sails for the Ahuriri. The Lord Worsley tomorrow will take her departure for that port en route for Auckland.

The repairs of the Hutt bridge are progressing with rapidity, and the contractor (Mr. Taylor) promises that in case of no unforseon accident it will bo re-opened for traffic early next January. The contract was taken nt £600.

Mr. Wallace sold a largo quantity of land yesterday by public auction; theve was a good attendance of buyers, and fair prices realised. The sale amounted to upwards of £4000. On Wednesday evening Mr. Fox lectured at tho Assembly Booms, taking as his theme "America." The lecture was an eloquent, able, and highly interesting one.

The Philharmonic Society gave their third | concert this season; and notwithstanding the loss that body has sustained in the departure of the military (by depriving it of the assistance of some merrrbers of the Regimental Band) it passed off" to the great delight of those assembled; and with more than usual eclat; the Hanoverian Band for all purposes supplying the deficiency alluded to. * His Honor Mr. Justice Johnstone left in the White Swan for Auckland for the purpose of being sworn in, previous to commencing his judicial duties. His circuit will comprise Wellington and Nelson; Mr. Gresson's Canterbury and Otago. Against a decision lately pronounced by the last named Judge in our Supreme Court here, (viz., Tame v. Fox) the defendant hag protested in a long letter published in this day's ' Independent' and addressed to Mr. Fitzherbert, as deputy Superintendent.

The erection of an inner harbour light is contemplated as rendered necessary by the frequent arrival and departure of steamers; it is to be red in colour; the site chosen is Plirnmer's wharf. Mr. Coleman, the managing partner of the new Steam Company, is shortly expected to visit here and Canterbury, to complete the preliminary arrangements necessary for the establishment of the requisite branch offices and agencies. The Oliver Lang is not as yet condemned, though .there is little doubt that such must be her doom. There is no difference to notice in the markets. Trade is dull, and no reaction for the better can be expected until we are placed in receipt of later English and Colonial advices. The weather has been«exceedingly boisterous of late, blowing continuously and heavily from the IST. W.

taise v. fox.

The following is the letter referred to by our correspondent, addressed by Mr. Fox to the Deputy Superintendent, and published in the "Independent."

Chief Land Commissioner's Office, Wellington, 22nd October, 1858

Sir, —I have the honour to call your attention to the enclosed judgment of the Acting Judge of the Supreme Court, Mr. Gresson, in which he assigns reasons for granting an injunction restraining me, as Chief Land Commissioner, from granting a license to Mr. Pharazyn, of a sheep run which I had declared to have been forfeited by the tenant, Mr. Tame, and which I had, in accordance with such regulations, let by auction to Mr. Pharazyn, with a condition that he was to be put in possession as soon as a party illegally occupying could be ejected.

The grounds of his Honor's decision appear to me so peculiar, that I feel bound to offer a few remarks upon it.

I.—His Honor decides that I never was "Crown Land 3 Commissioner." This'he puts on two grounds. Ist—that Mr. Bell, my predecessor in office, had never been removed from his office, and therefore I could not be appointed to it; and 2ndly—that supposing Mr. Bell to have been removed from the office of " Crown Lands Commissioner," I was. appointed - ""Gbrief-Com-missionerof Waste Lands," and r that' the tw.o offices were not identical.

As to the Ist point, that Mr. Bell had not vacated his office.

The Court must have known that Mr. Bell in September, 1856, was appointed by the General Government to the office of Special Commissioner, under the Land Claims Act of that year, which caused his removal from the Province of Wellington, and the duties of which required his residence at Auckland from that date to the present. Now it is a well settled ruleof law that the appointment of a public officer to an office inconsistent with that held by him, ipso facto vacates the first. Thus, if a coroner be appointed sheriff*, he ceases to be coroner—if a parson of a parish is appointed bishop, he ceases to be parson—if a judge of the Court of 'Common Pleas be appointed judge of the Court of Queen's Bench, he ceases to be judge of the former court; cases (and I might advance more), solemnly decided and.reported in the law books. See Bacon's Abridgement, Offices, K. And Lord Coke remarks generally, that "offices are inconsistent and incompatible with each other, when from the multiplicity of business, they cannot be executed with care and impartiality." Surely the fact of Mr. Bell's appointment to the Auckland Commissionership (of which the court could ! not but be aware, as I am informed it was specially brought under its notice by Mr. Brandon), was sufficient proof that he had vacated, either by removal or resignation, actual or constructive, the office he previously held at "Wellington. • His Honor, T observe, says that he repeatedly asked for evidence of Mr. Bell's 'removal.' Of this • I was certainly not aware. Mr. Brandon applied to me for evidence of my. Appointment, and this evidence I furnished in the Provincial Government Gazette, and the supplementary warrant of a later date. Had I been aware that the Acting Judge not only required evidence of my appointment, but also of Mr. Bell's removal before I was appointed (though the latter was a fact which I think might have very fairly been inferred from the former, more particularly as it was not denied on the other side, but the doubtwas raised by the court itself), I could easily have furnished direct proof of the fact. I could have laid before his Honor a letter from the General Government to Mr. Bell, dated 16th August, 1856, informing him that his office, and those of all the other offices of the land and survey department would cease on the arrival of Mr. Ligar, which occurred in the following month. I could also have produced correspondence between the Superintendent, and Mr. Bell, in which the latter recognises the cessation of his tenure of office, and the existence of his ' successor,' and also correspondence between the General and Provincial Governments to the same effect. - '■ ■

His Honor however further contends that even if Mr. Bell's removal " were proved I was not Crown Lands Commissioner," my Appointment having designated me as " Chief Commissioner of Waste Lands." This I confess seems to me a more play upon words, and inconsistent with that maxim of law which declares that the interpretation of words ought to bo such "ut .mui/is valfttt quum pereat respublica —so that the autho • pity of the state should rather be upheld tlmn weakened." What are the facts of the case?

To say nothing of common parlance, the various acts and ordinances of the colonial legislature use indifferently the expression Waste Lands and Crown Lands to designate what technically should be called "Demesne lands of the Crown," that is, the waste lands of the colony in which the native title has been extinguished by pnrchase by the Crown. Tims the first ordinance passed by the Legislative Council of the colony on the subject 1849 is styled the "Crown Lands Ordinance." The next is called the "Crown Lands Extension Ordinance." The Act of the General Assembly 1854 is entitled "Waste Lands Act 1854." Another act of the same session is "Provincial Waste Lands Act 1854." The Public Reserves Act of the same year, uses the more correct expression -'Demesne of the Crown." The next is styled " The Waste Lands Act 1856." The Scrip Act of 1856 speaks indifferently of Waste Lands of the Colony, Waste Lands of the Crown, and Waste Lands of the Province. The Act of the present year is styled " The Waste Lands Act 1858." It seems clear from these references that the | terms—Waste lands, Crown lands, Waste lands of the Crown, Waste lands of the colony, Waste lands of a province, and Demesne Lands, have been considered by the legislature of the colony as convertible, and to signify, as in fact they do, precisely the same thing. And in regard to their application to the particular office held by me, there is distinct proof that the General Government in 1856 when I j received that appointment, regarded the terms \ Waste Lands Commissioner and Crown Lands Commissioner as identical. In the letter of the Acting Colonial Secretary, Mr. Richmond, to his Honor the Superintendent of this province dated the 15th August, 1856, the latter is invited to appoint an officer to exercise the functions of " Commissioner of Crown Lands." His Honor appointed and gazetted me as " Chief Commissioner of Waste Lands," and reported to the General Government that, he had done so. Mr. Richmond replies acknowledging his Honor's letter as informing him that he had appointed me "Commissioner of Crown Lands." Mr. Richmond was a lawyer and acting Colonial Secretary, and can hardly be supposed to have misapprehended his Honor's expression or to have used one himself which he did not intend. Yet he distinctly acknowledges his Honor's appointment of me as "Chief Waste Lands Commissioner," as being an appointment of me to the office of " Commissioner of Crown Lands." I also find on reference to the General Government Gazette of the 17th September, 1556, a distinct official . recognition by the Acting Colonial Secretary of my appointment by his Honor the Superintendent, as " Commissioner of Crown Lands" in the Province of Wellington. I also find it notified in the Auckland Provincial Government Gazette of November 2t, 1856, that C J. Taylor, Esq., had tendered his resignation of the office of Chief Commissioner of the Waste Lands Boards, and *• Commissioner of Waste Land?;" and also that C. P. O'Rafferty, "Esq., Provincial Land Surveyor, is appointed by the Superintendent to act as " Waste Lands Commissioner for the Province of Auckland." I find further that at Canterbury, on the same occasion, (the transfer of the Waste Lands to the province), William Guise Brittan. Esq., is appointed "Chief Commissioner of the Waste Lands Board," but I find no appointment of him or any body else as " Commissioner of Crown Lands." Mr. Gresson was himself, at the date of this appointment, Provincial Law Adviser of Canterbury. At Otago also I perceive that Mi • Cutten signs his name with the addition, " Chief Waste Lands Commissioner." It is always to be regretted when a court of law feels itself compelled for mere technical reasons or on grounds of mere verbal distinction to decide a point contrary to the general belief and common understanding of the community. In this case the General Governm3nt has since September, 1556, acted in the belief that Mr. Bell had vacated the office of Crown Lands Commissioner for this pi'ovince; the Provincial Government has acted in the same belief; and so have Mr. Bell and myself. So also, since that date the General Government, the Provincial Government, the Provincial Council, the population of this province, Mr. Bell and myself, have believed that I had been appointed Mr. Bell's successor. In that capacity I have sold many thousand acres of Crown lands, have received and accounted for many thousand pounds* of money. And at the end of two years it is decided that because there is supposed to be some proof wanting of Mr. Bell's "remo\"al" from office, and because I was designated "Chief Commissioner of Waste Lands "and not " Commissioner of Crown Lands," the General Government, the Provincial Government, the Provincial .-Council, : the community at large, Mr. Bell and myself, are all mistaken. I never have been ■ Commissioner at all, and I suppose Mr. Bell is Commissioner of Crown Lands for this province at this moment! 11. His Honor having thus summarily disposed of my right to adjudicate at all, next proceeds to consider the correctness of my adjudication, j And here again I have the misfortune to differ from his Honor. The principal ground on which His Honor objects to my decision is that I rested my interpretation of the regulation, under which I declared Mr. Taine's run to be forfeited, on thg j intention of the Government when that regula- j tion was framed, to discourage what is well- j known in the Australian colonies as "trafficking, or jobbing, in runs." His Honor lays it down i (rather dogmatically I must submit), that the j " object of the regulations was hot as the defend- I ant supposes to insure that the stock shall be j bona fide the property of the licensee, but that i the runs should be stocked as soon as there may j be stock in the province available for the purpose. This is the great object which the le^is- j lature had in view, and not to prevent the I trafficking in runs the transfer of which is expressly sanctioned by the regulations." Notwithstanding His Honor's somewhat confident assursince as to what the object of the Legislature was, I am inclined to think that a i land commissioner who was a member b>th of the Executive Council which framed tli3 regulations in question, and also of the legislature which adopted them, was quite ns likely to interpvet thorn convctly fts ;v Judge of the Si»- j t ■ ! S »

preme Court, who has had no opportunity of knowing the intention of the framers; and I do not hesitate to say that a very prominent object of the framers of that regulation (myself, being one of them) was to discourage "trafficking and jobbing in runs." To infer, as his Honor does, from the fact that the transfer of licenses is permitted by the regulations, that therefore it was not intended to discourage such " trafficking" \a simply begging the question. Such transfer is not permitted," except after the fulfilment of certain conditions; one of which was the stocking of the rnn by the licensee; ;. a fact from which I think the inference is inevitable, .that transfer before this fulfilment of the conditions was legarded as trafficking. If handing over the run for a pecuniary consideration to another person before stocking it, to be stocked Hy such transferee and not by the licensee, is not " trafficking i in runs," then there is no such thing as trafficking or jobbing in runs. But if there he such a thing, and if it consists in selling the good-will of a run before fulfilling the conditions, which the law makes essential to the validity of a transfer, then I certainly think that the" commissioner is the judge as to whether "trafficking" exists or not, that is whether the preliminary conditions were fulfilled or not. Very large powers are rested by law in the commissioner; certainly large enough to cover the exercise of discretion. I doubt whether the framers !of the:regulations we re at all anxious to insure the speedy stocking of runs, for there was never any difficulty in this province in that respect. But supposing that they had- that object in view, they would certainly have discouraged " trafficking in runs;" the tendency of such trafficking being to retard rather than expedite stocking, which would be better and more speedily done without the intervention of such " middle men" between the government and the bondfide sheep -farmer. _ 111. As to the power of appeal from the decision of a Land Commissioner to the Supreme Court, supposing such Commissioner to have acted within his jurisdiction, I think it more I than questionable whether it exists. His J Honor objects that the decision of a Land Com- | missioner maybe "arbitrary;" but so may that I of a Judge, sitting alone in the Supreme Court without the check of a Jury. As a general rule it is clear that when a tribunal such as that of a Crown Land Commissioner's Court is created by the Legislature, and no appeal to any other Court is given by the Act, no such appeal exists. If the Judge of such tribunal exceed his jurisdiction, clearly a superior Court can interfere to restrain him; but the cases are few and exceptional, indeed, in •which a superior | Court will, or can legally interfere with the i decision of another tribunal on a matter, when Ino appeal i 3 expressly given. The only case \ cited by his Honor as an authority, relates to j the law of nuisance, a branch of law very exeepj tinnal, affecting public rights, and in noway ■ affording a precedent for a case where private (interests only are at. stake. — And even that I case itself repudiates all claim on the part of the ■ Court-of Chancery to exercise an authority in { the nature of an appeal from the decision of . another Court. It is simply an authority for 1 the interference of the Court of Chancery to I prevent a sort of corporate body from com- | mitting a public nuisance. Where is the I analogy between that case and this? j I beg to call 3'our attention particnlarly;to I this part of the case; because if after the very large powers bestowed upon the Commissioners of Crown Lands, by the various acts and ordinances of the colonial legislature, the decisions of Commissioners on matters clearly within their jurisdiction-are to be open to revision by the Supreme Court—if their interpretation of the land regulations, which it is their daily duty I to administer, is liable to be reversed by: that j Court, whether in the way of direct appeal or I by the side wind exercise of its equitable jurisI diction, the office is one which no man can 1 execute with safety to himself, of .without being ; a perpetual target for the shafts of disappointed ; or litigious persons. I As I perceive that his Honor's decision in I this case has been reported in the newspapers i and reprinted in other provinces, I trust you [ will concur in tha propriety of my publishing ■ these remarks upon it. j I have the honor to be, sirj : Your obedient servant, j William Fox, ; Chief Land Commissioner, i Wellington. i To W. Fitzherbert, Esq.. : ■■: :-.~i.<. I Deputy Superintendent, . "• i Wellington. ■ ■ ■•<•: : '.ru ! ■ ■ - - ' •"•••*•■ ' '/ ■■'''< •"''"> i . ■ ■ ■ - nelson. /■;;'•' ;.■ .;.■".,£ THE GOLD FIELDS. ■'■ .1 ; S-f I (From a correspondent of .the '"NeTs'dn.*'^ j / Oct;*23.);. ! ( v!^^ I As> I am aware that anything, like^.a*description: of our neighbouring gold-fields will be of interest to many of my fellow colonists,-it* you will allow me space, I will giv3 you a shb.t narrative of a week's exploration thmvs some few days since Sta ting in the steamer Tusir.anian Maid, I arrived at Collingwood, or, as it is more generally termed, the Port, after a jilaasant passage of ten hours (which by the bye, with a little judicious management at Mor'aieka, might be shortened one hour). On landing, one is immediately reminded that he is in a gold producing country, by the appearance of pvrry one . with the-distiriguishing badges of a g< Id fig ;er, namely, unshorn faces, cabbnge-tree hats, and blue shirts, as well as by every biiildiiir, whether store, public.house, or even thn Magistrate's office, having a set of gold scales very prominently displayed. The hotels here are large and commodious, and in comfort far exceed one's expectations; there is also an absence ofdrunkenness and all the rowdyism so prevalent about the towns in the vi.inity of gold-fk'lrls.in the Australian colonies. And in making this statement I may mention (as it will give more weight to what follows) that I have visited many of the Australian tfold-fiolds, liuvinj,' once made the overland journey from .Sydney to Melbourne, and nm therefore enabled torinjw n comparison Jrcm f;u"» that came under my mvu

notice. One telling fact which. I may as well state here, is that, whereas the largest proporf tion of the claims oil the Australian diggings turn out blanksyevery claim here turns out a prize, the only difference being some are. richer than others.

There Is a very large tract of available.flat country In the neighbourhood of- Colliugwbod, wAich,'with a, little draining, would be fit for all agricultural purposes: some Americans or Canadians have taken the initiative in the matter, and having pitched their, tent in a beautiful «pot on the edge of a bush, are now busily employed in breaking np their land, and, unless I am mnch deceived, they will find potato digging tiext year as profitable as seeking for the previous metaL Remaining oue night in Collingwood, I started on Monday morning to walk up to the Slate River, and crossing . Doctor's Creek, about twothirds of the way, where, there are but- few diggers, arrived there at one o'clock: After partaking of some refreshment, I visited the remains of the.Manrope party and their leaders; and to -show you' how erroneous' are diggers' ideas aboat a place being worked 6ut, some three or -four who are now at work there (the . Temaiksbf that party.).are earning from 255. to 28s. per diem each. Proceeding along the -western ridge that bounds the Slate River, we arrived at what is called Brandy Point, well known as where the Island party secured so much gold last year: this, as well as the diggings we had just left, are, comparatively speaking,.deserted for the new rashes; but the few men (about twenty) who are at work are now making good wages, and expect to do some'- _ thing better in the summer. After remaining there one night in a digger's hut, I commenced the. really difficult part of the journey on to Rocky River: the most of the way being knee- . deep in. mud; at the same time I consider the road l»ere could be roost easily made, as, owing to its being on the summit of a ridge nearly the whole way, it affords good facilities for drainage, whilst the scrub with which it is covered is so . light it might be cut with a billhook. After a very, dreary and uncomfortable walk of three hours and a-half, I arrived at the stores which supply the Rocky River diggings: these are situated on the top of the ridge* immediately above the river, and the scene of the diggers' labours. Descending the hill, which in some places is so steep that it is necessary to use the scrub and roots as a protection against falling, I came upon this river, which is not inaptly termed Rocky, from the -enormous masses of stone that lie about in the most odd and fanciful manner, with the water ever pouring under, between, and in some cases over them, like Niagara Falls in -miniature. The first party I met were not inclined to give much information ..as to what they were doing; but, although they tried very ingeniously to muddy the water during the time 1 stood there, I could plainly see the gold as It passed down the sluice boxes." Proceeeding about a mile further up the river, and passing by a few parties -who were all doing well, I came upon theriehest diggings it has yet been my lot to meet with any where. A party of five men, with very rude and imperfect tools and ■appliances, were washing out goliatan average of four, penny weights to the bucket, and twenty buckets in the: hour, being at 4he rate of four ounces of gold per hour. In stating this, lam «ure I am not over calculating it, but the other way-, and to bear outrmy assertion I may mention, that continuing on :my exploration, I came upon a party of Maories^ot many yards distant' from the others, who-were laziiy'hanging about the^banks of the river, Jand upon me asking one of them to show roe a prospect, or in other words to wash out a panful of earth, he took up about a shovelful in a tin dish, and in five minutes he had about ten grains of gold at the bottom of Tiis pan, of the vatne of about Is. 6d.; and this -was not taken from the bed of the' river where they usually work, and where no doubt is the most gold, .but-from the nearest heap of dirt And so with every party there: they appear to nave no fear whatever of not finding gold,' their •only apprehension being of the floods which frexiuently come down and carry everything before them—tools, dams, washing stuff, and every thing else. HoweveT, in the ensuing summer season, when there is but little wet weather, they are looking forward to a brisk campaign. One nugget has lately been taken out here, weighing three^ ounces and seventeen pennyweights; and the character of the gold all through tiie river is nuggetty. The prices of provisions at thestdres here are: flour. 55s.,per cwt.; potatoes, 255. per«wt; tea, 4s. 6d. per lb. ; sugar, is. per.lb.; and everything else in proportion, one half of which "Charged for the carriage. The oarriape from the Slate River to all the other diggings is done X? pac£ flocks, and a*ard life the poor beasts nave of it, the remains of several are to be seen «n the road side, and one was hanging in slings to ( tne trees, with but a poor chance of recovery. This wonM of course be all avoided if anything like a road was made, which could be done at !!•! fh C?St;- Say one "nndred pounds per mile, ': ma&The^a^ G-erh»ent.road ♦/rw"* tllo,Roeky River ' T retraced my steps . So.?o? Sf T° d\ an> after a n5 Sht'« started along the beach for the Parapara diggin-s Sbont^ crtT lleSfi; n- m thePO^ There afenow wSthere V*"? men aml te" Maories afc work there, all. of whom are doing welL some . getting shillings and others as much as . twenty-five shillings per day, bu t theTr appii! , ances are .altogether so rude and primitive that I believe a large quantity of the polj i" 10~, ?n •,.-some owes as much as half; and thh'idea 5 -confirmee by the. fact, that in these SwfnV, •asvin others I. visited during my tr p sSme partie^re.niaking good wages in turning over the stuff fcliatothers have washed out and th-nwn on. one.stdeyis Useless, These dig-ings, which . are a large flat, intersected with. several creeks .arecapaTMepf-iidrdmg a large population; and I . liave seeniiiiAastralia a 8 many as 2000 men at work withißlthe.sßme compass. I saw more white; quarts here-than on any other part of the diggings. ;; > Returjifng\ vthat night to Oollingwoor], I fitartedthe next, morninff for Appoo's Flat, a spot thatJi»s;hadTOore, diggers on it at one time ithJwjM^iS^er; which :i9 plainly seen by the *hat hm %eea turned "over

and now lying about in all directions; but why it should be deserted, as it almost is at present, is quite unexplainable, as what has already been turned over is only a tithe of what is there, and the few who are at work (about thirty).are* all doing well. A storekeeper who resides there was amusing himself after dinner in washing out some stuff in a tin dish, and, upon one of the party that accompanied me calling .him in order to procure some refreshments, he brought with him the result of washing ou£ three dishes, which upon weighing, proved to be seventeen grains, of the value of 2s. 9d.; and this was done while sitting down after dinner enjoying his pipe; so I must leave you and your readers to form some idea of the value of this locality. Leaving this, I crossed the Aorere Flat, in order to see the new road which the Government are now making, to come out some day at the Quartz Ranges. They are spending a great deal of. money and labour, but unfortunately without doing the slightest good, as it is in

quite a different, direction to where the diggers

are now at work; but without going further into this matter, I will- briefly state what are my views as to making serviceable roads for the • use of the digging population. Firstly, a good road fit for a bullock dray should be made as far as Washbourne's Flat, which is a sort of half-way house to all the diggings, and from there tracks Ht for easy walking and for a packbullock should be cut to the various diggings as they are found out; this could be cheaply done, as all that is wanted is the manuka and bush cutting down, both of which are very light, and in most cases that I saw could be done with a reaping-hook. The power for cutting these tracks should, I think, be given to the Governr ment road-maker resident there, without having to go through all the detail of the Circumlocution Office-in Barrack-square; and so lam ■are thought his Honor the Superintendent the other day, while walking up to his knees in mud |to the Koeky River, for he gave orders to Mr, j Higgins to begin making a track there at once. There are nothing like facts after all, and so would his Honor's Executive have said had they been at his side the other day, walking through a sort of Slough of Despond. In conclusion, I have no hesitation in saying that this is by far the richest Gold-field I have ever visited, and should many be inclined to doubt this statement, and say, "If it is so rich, why do we not get more gold?" lean only answer that it is something like the little boy who , sat down and cried after the moon: unless you . have population to dig for the gold, you arenot likely to get much, and the only way to get population is to make serviceable roads.

Before closing this letter an expression of my thanks is due to every one, whether digger or storekeeper, that I came in contact with during my journey, for the very kind and hospitable manner in which I was treated at all times.