VALLEY OF THE WAIMEA.

Nelson Examiner and New Zealand Chronicle, Volume I, Issue 6, 16 April 1842, Page 23

VALLEY OF THE WAIMEA.

To the Editor of thk Nelson Examiner. Sir — As so many of your readers feel a lively interest in all that regards the agricultural prospects of this settlement, the following account of one of the districts now being surveyed as suburban land, may not be considered as intrusive. The whole valley of the "Waimea may be equally valuable and interesting ; but, as my acquaintance with it is but limited, I must confine my description to that portion lying between the bottom of Blind Bay and a river j which runs into the Waimea, about six miles south. The range of hills on the east, and (the Waimea on the west, form the other boundaries of the district. ' The whole of this extent is level, unless a series of low t hills which jut out from the foot of the grand range about a mile or two into the plain be included within it. The part next the sea is chiefly occupied by an immense bed of flax, which runs about a mile and half b the direction of the length of the valley. This by a kind of natural meadow land bf considerable extent. The grass is very fine, and, together with sow-thistle which springs |jp among it, forms quite a thick carpet. Here k probably abundant pasturage for cattle. Next ■bmmences a thick bush, which extends to the river both on the south and west. The bush is accompanied by flax, fern, &c. ; and the whole may readiliy be cleared off by fire. A large space, especially adjoining the hills, is

covered with fern, some of which is of enormous growth. The soil, judging from the general abundance and freshness of vegetation, is very good. Its depth (from three or four trials) may be stated at about one foot on the hills, and in the plain itself about two. One or more of the different varieties of grass is almost everywhere to be met with. Sow thistle is extremely abundant j wild parsnips are also common. By far the greater part of the plain is free from marsh, and bears no marks of being ever flooded. The large flax bed mentioned above is marshy : the rest is generally dry. The district is well watered. Besides the large rivers, which form two of its boundaries, several small streamlets issue from the lofty range of hills on the eastern side, and intersect the plain. Water may also probably be any where found, with but little trouble, by sinking. A well, the digging of which occupied one man about two hours, has for three weeks past afforded a plentiful supply. This fertile plain presents no obstructions to being brought into immediate cultivation, with the exception of the marsh, which would require previous draining; unless, indeed, its natural produce (flax) should prove valuable. This marsh, which is only partially wet at present, adjoins the sea — is in one compact mass, and otherwise presents facilities for being drained. It might in a great measure be freed from water, by merely affording channels to one or two small streamlets, which, having no present 'outlet, expand themselves into the marsh in question. But the wet ground is very inconsiderable in extent, compared to the more availadle ground producing fern and grass. The former is at present apparently ready for the plough, particularly where it has been burnt ; and the latter, even if left unimproved, must be valuable for pasturage. One drawback to the value of this district may be considered the "scarcity of timber. I little or none of any size grows within its limits. However, an inexhaustible supply may be obtained on the other side of the Waimea. The small valleys also on the eastern side are wooded, and fine timber may be procured in them. Its facilities for communication are remarkable. The sea skirts its northern end. The River Waimea is navigable at least along a considerable portion of its western side; and the river at the south end, where I have seen it, is sufficiently wide and deep ; but I cannot say how far it may be available for purposes of transport. Besides these means of water communication a good road may be obtained by following up to its head the principal valley in which Nelson is situated. A moderate slope separates this from another valley, which opens into a plain adjoining that of the Waimea. When once on the plain itself, the formation of roads is comparatively easy, and good materials are almost everywhere at hand. The little branch valleys abound with pigeons, parrots, pheasants, and many other birds. The rivers are frequented in great numbers by ducks and other water-fowl. From the above statement, it would appear that the landowners of Nelson may congratulate themselves on the prospect of speedily obtaining land — extensive, well watered, apparently very fertile, with great facilities for communicating with the surrounding districts ; and, it may be added, within seven miles of the town of Nelson. The other tracts adjoining this and elsewhere — equally, or possibly more desirable — I leave to others to describe. I am, sir, Your most obedient servant, W. Barnicoat.

To the MAGISTRATES of NELSON. " I wi'h them, earnestly and calmly, not to fall off from their first principles, nor to affect rigour and superiority over men not under them ; not to compel unforcible things — uot to dart auainst the actions of their brethren, for want of other argument, the wrested laws which, though they hurt not otherwise, yet taken up to the condemnation of their own doings, give scandal to all men, and discover in themselves either extreme paarion or apostacy. Let them not oppose their best friends and associates, who molest them not at all, ♦ * * but are still seeking .to lire at peace with them, and brotherly accord. • * * Let them fear, therefore, if they be wise, rather what they have done already than what remains to do. and be warned in time, lest they be added to the examples of those that miserably tasted thee'tnt." — John Milton. Gentlemen — Called by a large number of my' fellow cit^ens to preside at a meeting which was lately held for the purpose of inquiring into the justice of your judgment in the case of William Murray, I hold it to be my duty both to you and to myself, to give you knowledge of our proceedings, and of the motives which led us to adopt them. Your judgment is thought to be unjust for these three reasons : — First — Because it was clearly given either to make a severe example of a venial offence, or to punish the defendant for an offence not charged in the information. Secondly — Because the law was strained, for the purpose of bringing within its grasp a man who had made himself obnoxious to the authorities. Thirdly — Because the temper of the bench was so manifestly moved as to give no chance of an impartial verdict. These were our reasons for challenging your judgment. Either Willatn Murray was fined for keeping open a tavern without a license, or he was not. If he were fined for keeping open a tavern without c. license, the penalty, to say the least, was too severe. It was proved that William Murray had done all he could to obtain a license. It was proved that he could not obtain a license. Do the magistrates of Nelson desire that a man shall do more than he can do ? or do they, from a particular antipathy to grog shops, mean to punish a man for doing all he can ? If he were not fined for keeping open a tavern without a license, he waa fined for an offence not

charged against him in the information. In either case the decision appears to all men of sense unjust. Gentlemen, the next reason why your sentence is, in the judgment of your fellow-citizens, unjust, is this : It is notorious that William Murray had made himself — very unwisely, beyond doubt — obnoxious to your bench by having more than once had the misfortune of admitting into his house certain disorderly and riotous persons, whom he, being unsupported by your constables, was unable to restrain from somewhat riotous proceedings. It was dwelt on with peculiar unction by one of your worships, that the public peace was in particular disturbed by those persons on a Sunday : " the last Lord's day " was the phrase employed. It was very well known that, as William Murray had been prevented by the forms of law from getting a license, the forms of law would not admit of openly punishing William Murray for keeping a disorderly house; but then William Murray must be punished for having been unable to restrain a" tipsy mob. What Was to be done ? Luckily, the forms of law, which prevented William Murray from getting a license, which prevented him from being openly punished for keeping a disorderly house, neither prevented William Murray from being fined for the folly of other people, nor restrained the magistrates from wresting those forms out of the ordinary course, in order to allow of their punishing William Murray for an offence of which his customers had been guilty. How, then, gentlemen ? Do you hold him guilty for being over-careful of his worldly interest, or for being unable to control his customers ? True, he is a Scotchman, and keeps a grog shop ; but there are other Scotchmen who keep grog shops. William Murray is not damned because many publicans are sinners, any more than a magistrate is saved because there are Pharisees in Heaven. These considerations had evidently determined the bench, and it is regarded by everybody as a settled point, that the bench had resolved to impose a fine on William Murray for keeping a disorderly house, and* for having been unable, without the aid of the police, to prevent some drunken persons from making a disturbance. In other words, it is universally believed that William Murray was charged with one offence and convicted of another. And therefore, gentlemen, your sentence is regarded as a manifest wresting of the law, with intent to bring William Murray within its grasp. I was present during great part of the inquiry. I take it upon myself to affirm that the bench had evidently determined from the very first on fining the defendant. If not, why, when the defendant had admitted that he had kept open his house without a license — why continue the investigation at all ? Why dwell pertinaciously upon the circumstance of the uproar which had taken place at Murray's on Sunday night ? Why the excited deportment of the bench throughout the inquiry whenever the evidence inclined in favour of the defendant ? It must have been apparent to all present that William Murray had. raised a hornet's nest about him, and that the more he struggled the more sharp he would be stung. Urged by these considerations, we resolved to take the sense of the public upon these proceedings. We shrink from no responsibility. We passed resolutions, which have been laid before the public. We spoke out upon a matter touching the public good, according to the custom of our countrymen, in an assembly of the people. We n^, freely to question the verdict of our magistrates, freely to tell them how we thought thereon, and to protest, if need might be, against their proceedings. Our enemies will seek to misrepresent our motives. You will be told that we are men discontented and factious — stirrers of sedition — rebels against established authority. Believe us, gentlemen, we act from no such motive. It is easy to prove that we are lovers of peace, supporters of just authority — that we respect the magistrates — that we obey the laws — that we are content with the political power which we well know we have, and that we are warm friends of harmony throughout the settlement. How, then, do we encourage faction ? They who refuse to join us in a common effort for the common good — they who secede from their fellowcitizens employed in securing the general welfare, are the real disturbers of harmony — the real enemies of liberty and law. For yourselves, gentlemen, I take leave to assure you that I have no feeling but that of respect. That you have acted conscientiously, I as little question as that you have acted unjustly. You have erred in judgment. Believe me, if it had been meant to cast aspersions upon your honour and high character, my place would never have been among those who have acted with me here. I have stated publicly, and I now repeat, that I hold it the duty of good citizens to submit to the law, while it remains law, unless all means towards its amendment, short of resistance, have been tried in vain. We do not threaten you. But, to use all lawful measures to abolish that which is oppressive — to meet in assemblies of the people, to petition, to protest, to challenge the verdict of the magistrate — to make those who administer the law answerable to those for whose benefit it is administered — and, more than all, - " Having to advise the public, to speak free,—" This is a right prescriptive among Englishmen, and one which we never will forego. I have the honour to be, Gentlemen, Your obedient servant, WILMAM CURLING YoUNO. Manuka Street, April 14.