THE NELSON EXAMINER. Nelson, August 5, 1843.

Nelson Examiner and New Zealand Chronicle, Volume II, Issue 74, 5 August 1843, Page 294

THE NELSON EXAMINER. Nelson, August 5, 1843.

•■ Lea journaux -deviennent plus ndceasoires 6 mesure que lea hommes sont plus fegaux, et 1' individualisme plus & •raindre. Cc serait diminuer leur importance que de croire qu' Us ne servant qu' • garantir la liberty : ils maintiennent la ciTilisation. D» TocauiYiLLC. . De la Democratic en Amerique, tome i, p. 280. Journals become more necessary aa men become more ; equal, and individualism more to be feared. It would be to underrate their importance to suppose that they serve only to secure liberty : they maintain civilization. -. ■ - D» TocarttvilLS. Of Democracy in America, vol . 4, p. 203.

A letter from Mr. Tuckett, on the subject of the late tragedy at the Wairoo, will be found in another column. As this letter is but the type of others which have been or are being concocted, and as a good deal of misconception appears to prevail, both here and elsewhere, respecting not only the legality but the equity of the New Zealand Company's claim to the possession of that district, our readers will forgive us if, in this instance, instead. of referring the matter to a subsequent ' publication and uncertain correspondence, we embrace' the opportunity to offer Borne remarks, both with reference to the letter itself and in explanation of the views we entertain on the general questions arising out »of the catastrophe which has occasioned it.

We do not wish to waste words and time in mere verbal criticism ; nor .would we remark upon the animus or taste which Mr. Tuckett has exhibited in this letter, further than to' express our surprise that they should carry the sanction of the New Zealand Company, in the name of their acting agent for this settlement : a circumstance the more to be remarked, considering how gratuitous the letter appears in itself— we mean, how little of legitimate connexion it ' shows with . the Declaration which is alleged to have called

it forth,.^ Leaving, however, personalities to the reader, our present business is to look at the facts of the case, and see whether Mr. Tuckett' s-defence of the Maories rests on anything like tenable grounds. We hope we do not yield to Mr. Tuckett, on this or any other subject, in devotion to the truth, beyond all considerations of interest or policy ; but we beg to remind him and others who may set up as the knights-errant of conscience and devotees of duty, that on this, as on all other questions between men, the first inquiry is that put of old by Pilate, viz., What is truth ? — an inquiry which we are sorry to think such persons, though professing to make Truth their abstract divinity, are sometimes not over scrupulous practically to institute. Now, what are the facts of the Wairoo affair — we do not mean of the calamity which has happened there, for about those, unfortunately, we are all too well agreed — but what are the prior facts, relative to the New Zealand Company's alleged ownership of that district ? Is it land which they have acquired by fair and honourable purchase from the actual or presumptive owners ? or is it land to which they can show neither legal nor equitable title, and the possession of which they can only defend by a reso^to " the good old rule, the simple plan, That they should take who have the power, \ And they should keep who can ?"

We take it for granted that almost every one knows the general circumstances connected with Colonel Wakefield's negotiations for the purchase of land with Rauparaha, Hiko, Ranghiaita, and other chiefs of the Kafia, Ngatiawa, and certain minor tribes, immediately after his arrival in these islands in 1839, and the result of those negotiations in his formal purchase, in November of that year, at Kapiti, on behalf of the New Zealand Company, from those chiefs, of a large extent of territory, comprising, we believe, the whole of the land possessed by them at that time.* The deed of conveyance, executed after infinite pains taken to render the transaction intelligible and satisfactory to the natives, is in possession of the Company, and specifically includes the Wairoo amongst the districts ceded and described within boundaries by the Chiefs themselves. The Company's title to the Wairoo, th^efore, so far as the equity of the transaction with reference to the natives is concerned^ stands precisely on the same footing with their title to the rest of the territory similarly acquired for them. a valid title, however, it is subject to this defect (a circumstance of course not discovered by Colonel Wakefield until after the completion of his purchase), that the district had been previously (in 1834 or 1835) purchased from the natives, including Rauparaha, Ranghiaita, and Nohoroa (brother, we believe, to Rauparaha), by Captain Blenkinsop, of the ship Caroline, for a six-pounder gun. The deeds are in regular form, and there is no doubt that the alienation of the district was as legitimately effected as that of any other land sold at that period. The value of the consideration does not affect the question, and was quite as great as that given for an equal quantity of land in other parts of the islands. The rights thus alienated were acquired by Colonel Wakefield in 1839, for the New Zealand Company, from the widow of Captain Blenkinsop, thus completing the Company's title to the district, both in the technical and equitable sense. There is, however, another fact which should be mentioned, and which is capable of proof, that within a week of Rauparaha' s making over his land voluntarily, nay, eagerly, to Colonel Wakefield, he was persuaded by white people of Cloudy Bay to deny the sale of the Wairoo, in which those white people, wis/hed. to ?have an interest, and for which they were in treaty with Puaha and Charley at the time they Were forestalled by Colonel Wiakefield's vigorous negotiations with the Chiefs at Kapiti. This denial Rauparaha has i hitherto consistently persisted in,, as . the same influence has existed by means of native, women in cohabitation with white men, and which influence, united with positive instigations, has been instrumental, to no small degree, in leading to the murder committed by the natives, if not on Mr. Wilton - and servant,-)- certainly on the unfortunate party from Nelson. However, the fact of the sale, in spite of all Maori or Pakeha asseveration to the contrary,is r clear and* unimpeachable-} nor does there exist ' even a pretext for the native fraud and cupidity in this matter, the district, as already mentioned, having been included in the deed not by inference merely, but distinctly designated by it ; in feet, as much bought as any district within the

* Those who may still be in ignorance of the proceedings in question, we beg to refer to "Ward's Supplementary Information relative to New Zealand " (Colonel Wakefield's 3d despatch), copies of which are common in the settlement. f Mr. Wilton was sent by Mr. Unwin, of Sydney, to occupy the Wairoo, in virtue of a claim acquired from Captain Blenkinsop, which would have been set up in opposition to the Company's purchase from his widow.

limits of the cession — as much as any part of Port Nicholson, Nelson, or Taranaki which has never been disputed. Doubtless, the Company have not yet received a confirmation of their title from the Local Government, but neither have they as regards any other part of their undoubted claims. All we wish to show is the equity of the transaction as between the Company and the aboriginal claimants ; the question as before the Land Commissioners being more one of form than anything else ; at any rate, it has no immediate connexion with the present question of justifiable occupation or equitable right, which is the poinfVubstantially at issue between Mr. Tueke'tt Vid ourselves, though we admit he has not^m h so many words, committed himself to the charge of injustice and robbery by which the opposition on the part of the natives has been abetted. It would have been strange if he had.

Now, bearing in mind the above facts, in connexion with the Government's sanction to the establishment of the Nelson settlement in this locality — its refusal, in fact, to permit us another choice — let our readers put it to themselves how it could .well happen, in the circumstances of this settlement, and if its interests were not to be entirely sacrificed, that the Wairoo — a district which rag had ourselves discovered, or at least reWcovfired, explored, and made known — should not be appropriated as a part if the Nelson territory ? The settlers themselves know full well that, had the Agents of the Company hesitated so to include it, they would have compelled them to the step-as the ojsly neighbouring tangible disf^to within, the Company's possessions that offered to obviate the difficulty experienced

ti obtaining the requisite quantity of land, r afforded the remotest prospect of the purchaser receiving an equivalent for his purchase-money. Besides, was there a single reasonable claim that the natives themselves could prefer why the district should remain unappropriated? Had they occupied it 'I Were they likely to do so ? Would they be less likely upon its settlement by Europeans ? In that event, would they not, if desiring it, have had a large proportion of their own reserves selected for them in the district ? The case, we think, is as

Rear as noon-day, if colonization is anything else but a farce and pastime with those engaged in it.

With reference to the assertion advanced by Mr. Tuckett, in further apology for the resistance of the natives, that they are ifc amenable to British law, since they havd never acknowledged its authority, we hope there are but few of our readers who require to be informed that it is altogether groundless :—: —

" I cannot blame the natives for resisting tfe forcible execution of a warrant under a poweß whose authority they have never acknowledged^ and which, as yet, has never been imposed on them." Indeed ! Has Mr. Tuckett never heard or read of the Treaty of Waitangi, to which Capt. Hobson, as Lieut. -Governor of New Zealand, and nearly all the chiefs of afev consequence in the country were parties^ and by which the latter ceded all their rights and powers of sovereignty to the British Crown ? Is he not aware of the mission of Major Bunbury to this and the South Island, for the purpose of procuring furtnelL signatures to that treaty, and proclaiming the British sovereignty in virtue of it ; and that 'amongst the names so obtained by him were those of Rauparaha and Ranghiaita ? Let us refer to the Blue Book : —

"June the 19th we arrived off the island of Kapiti. Several canoes -were leaving the island, and on my preparing to go on shore, fortunately the first canoe we met had on board the chief Rauparaha I was so anxious to see'; he returned on board with me in the ship's boat, his own canoe, one of the most splendid I have yet seen, following. He told me that the Rev. Mr. Williams had been there, and had obtained his signature to the treaty j and, on inquiring for the chiefs Ranghiaita and Iko, I was informed that we should meet them both probably at the island of Mana; and as this lay in our route to Port Nicholson, thither we proceeded, the chief Rauparaha remaining on board the Herald, his canoes following. On our arrival, the Herald having anchored, I went on shore accompanied by Mr. Williams and Rauparaha. We learnt that Iko, son of the late chief Pahi, had gone on an expedition to the main. The other chief, Ranghiaita, after some time returned with us on board, accompanied by Rauparaha, when both signed the treaty." — Major Bunbury's Despatch to Oovernor H6bson. Blue Book, May 1841, p. 109. But what if they . had not signed, and were still the independent sovereigns Mr. Tuckett asserts them to be ? Is their nonrecognition of the aujjtority under which the arrest was attempte^Pb be allowed as a Valid defence for their resistance ? If so, the defence is equally applicable to the subsequent murders, and to every other enormity which may still be committed by the

native, at least whilst such non-recognition! can be pleaded. Thus it necessarily- follows that, in the late massacre, we have. nothing to complain of, whatever we may have to deplore ; and that our demand for justice on the criminals is a silly clamour, which Justice herself repudiates.*

With regard to Mr. Spain's alleged breach of engagement with the Maories, which Mr. Tuckett has, upon their authority, rather pompously advanced in extenuation of their guilt, we would simply remark that we have beard the fact strongly denied upon good authority. But, be that as it may, the cir- . cumstance does not warrant the censure which Mr. Tuckett seems to imply. It is . [but common charity to suppose that Mr. Spain could not, as well as that he did not, observe his appointment. To us, the graver charge against the Commissioner would ap-« pear to beliis [alleged] encouragement of the natives in their pretensions to the Wairoo, and his prejudging the claims of the Company. But, of course, the statements, though made " on information derived from the natives themselves," are not the less exparle and supicious for such a derivation* Certainly, we think, they are not likely, to A strengthen Mr. Tuckett' s case after what > has been said above, any more than the. similitudes he has called to his aid, of poachers and game preserves, are calculated to insure credit for his taste or respect for his understanding. | * Since his letter mi put into type, Mr. Tuckett has added a postscript, acknowledging the error into which he had fallen on this point. Our remarks on it, therefore, an superseded.

By the Government brig, we have received Auckland papers to the 13th of July, and Wellington papers to the 26th. We have also received files of Van Diemen's Land, South Australia, Sydney, and Bombay papers. The Auckland papers are full of the Wairoo affair, but we have no space this week for quotation or remark. The Government Gazette of the 12th July contains the following ' New Appointments. — Matthew Richmond, Esq., Major 96th Regiment, to be Chief/ 1 Police Magistrate for the Southern District of New Ulster and Cook's Straits ; George White, Esq., J.P., of Wellington, to act as Police Magistrate at Nelson until further orders; Mr. John Campbell to be Protector of Aborigines for the district of Mokau and Taranaki; and Arthur Edward M'Donogh, Esq., to be Assistant Police Magistrate and Treasurer for the southern district of New Ulster.

A boat from Massacre Bay has brought intelligence of the loss of a canoe, on its way irom Takaka to the Hauriri, with fifteen Mao> jpes. Ten of the bodies have been found. An inquest was held on Thursday on the body of Mr. Timmings, tailor, of Nelson, who met his death under the following circumstances. The deceased, in company with Mr. Triggi, left the Waimea for Nelson on Tuesday evening, about five o'clock, and, the night being dark and apt, they missed their way, and got involved in Vnaz swamp. After undergoing considerable fatigue, the deceased expressed a desire to rest himself, and accordingly sat down, and, it is supposed, fell asleep. His companion in a little time attempted to arouse him, but found that his head had fallen between his knees, and that he was dead. The jury gave a verdict of " Died Jpm suffocation," believing that his head had fallen into the water in which he was at the time sitting. A man named Wallace, who has been for some months in prison awaiting his trial, made his escape for the third time on Tuesday mornjjpg> by slipping away while outside the goal for The benefit of air. On Thursday evening, while the Coroner was holding an inquest in the Court House, a noise was heard, apparently in the adjoining room, and, on examination, the lost prisoner was found in a sort of attic above. During the night of Tuesday last the residence of Mrs. Thompson was broken into, and every drawer and chest opened. Mrs. Thompson being at the Waimea, it is not known whether anything was stolen. We learn that fifty- two soldiers, being a detachment of the 96th, have been sent down to Wellington from Auckland. A request haa been sent to Sydney for more troops, and, when they arrive, we may expect a few stationed here. It is feared that Gardener's boat is lost. She left Nelson for the Wairoo nearly a month since, with three men in her, Grant, Mackenzie, and another. We understand she was seen by Mr. Ironside in Cloudy Bay,. and that since then part of a wreck has been foundnvhich resembles her; two oars have also been picked up, similarly branded to those she took with her. •• - ■ Since the calamity of the Wairoo, all the Maories resident in Cloudy Bay have left, and gone over to the neighbourhood of Otaki, where Rauparaha and his party are staying. A considerable number have also left Queen Charlotte Sound for the same place. Mr. Ironside, the Wesleyan missionary at Cloudy Bay, in a second visit to the Wairoo, discovered the body of Burton, which he interred. The bodies of Stokes and Mating are still missing. We are sorry that the opportunity should have been allowed to escape of Mr. Ironside's visit to Nelson in the Government brig, to show him that we are sensible of the praiseworthy mannerin which, at great personal risk, he strove to assist oar unfortunate countrymen. It would be a public disgrace to let such conduct pasß unacknowledged.

<No. S.)— REPLY of the NELSON MAGISTRATES to MR. WHITE'S LETTER o* JULY 24, Nelson, July 28, 1843. Sir — We have the honour to acknowledge the receipt of your letter of the 24th instant. In reply, we beg to state that we have seen 1 nothing to alter the opinion expressed to you in our communication of the 17th instant; we therefore beg to refer you to it as our final determination on the subject treated of in your letters of the 15th and 24th instant, until the receipt of further information from the seat of (government. We have the honour to be, sir, . Your most obedient servants, (Signed) A. Me Donald, J.P. i C. A. Dillon, J.P. James S. Tytler, J.P. Geo. Duppa, J.P.