The New=Zealander. SATURDAY, JUNE 12, 1847.

New Zealander, Volume 3, Issue 108, 12 June 1847, Page 2

The New=Zealander.

SATURDAY, JUNE 12, 1847.

Be just and fear not: Let all the ends thou ahns't at, be thy Country's, Thy Goo's, and Truth's.

"fieri non- debuit, factum valere debet." On Wednesday, in the Queen v. Symonds, Judgmeut was given for defendant. Another false start has been called, and New Zealand, in spite of her many attempts to get away in the great race of colonization, has been again reined up, and brought back to the post, fretted, and half beaten before the course be run. It would be hard to name another colony, which, from the beginning, has beeu met by so many checks to its advance. Some of these have been unavoidable ; others, the consequence of blunders, local or parliamentary ; and of both there has been made no spare Yet after each, with extraordinary vitality, New Zealand has again and again herself, still preserving existence, though disabled from m.iking that progress which her natural advantages had given a right to expect. And this, the last check of all, has not been one of the leasl serere. This settlement, whLh, towards the latter part of Captain Fitzßdy's administration, had begun to shew signs of returning health and strength, and had continued steadily improving up to the present time, has now been once more thrown back, and its prosperity indefinitely suspended by the late trial, the judgment in which has invalidated the titles to the greater portion of the land held by Europeans, The Queen's representative thought fit, three years ago, for a reason presently to be given, to alter by proclamation the law that regulated the acquirement of land. Of this alteration, opening a uew field for enterprise, the colonists eagerly availed themselves. They again engaged in agricultural pursuits, the early failure in which was partially attributable to the enormous price ot the laud disposed of at government sales, draining from the buyers the capiial required for the efficient cultivation of their purchase •, they expended their money, their time, and their labour, in lively faith'that the Governor would presently have power to confirm definitively the right to what he had thus encouraged them to acquire. Every thing was going on, I with respect to this at least, contentedly and prosperously ; property had already accommodated itself, in arrangement and disposition, to the change in the local law ; we were fruitful, and increasing abundantly, when "there arose a new king over Egypt, which knew not Joseph." A new light breaks in upon him ; he suddenly discovers, that their content and, prosperity is illegal ; not unjust, or immoral, but contrary to certain technicalities of law. The lean kine came up at his bidding out of the river. The settlers find .their exertions palsied — themselves thrown back in the world— their affairs at a dead lock : follows loss of credit, stagnation of industry, confidence lost ! among men harassed by perpetual change in matters over which they had no control. We I do not wish to blench the question, by passing unnoticed the warning clause in the proclamation, that such titles were not finally secure, till confirmed by the Crown ; but we have b right to ask in return, that it should not be blenched on the other side, any more than on this. There can be no doubt that the proclamation, clause and all, was a direct encouragement to buy ; there can be as little doubt that the home government, in honor and honesty, if not in law, is bound either to ratify the act of its own choien agent, or to make good the loss brought upon us by the mistakes of an officer wiio can guarantee us no surety, but whom we are forced to obey. If it knew all, it would never risk the reproach of a breach of faith for the sake of a few acres of land ; I non est tanti — it is not worth their while. i Let us not be misunderstood ; we are not so much complaining of what has been done, or undone, as of the small present chance that the wrongs already done will be justly atoned for* We do not find fault with either government ; if both have made mistakes, both, so far, have I acted for the best. But, in rectifying these mistakes, let them not content themselves with rectifying such mere technicalities, but amend likewise the mischiefs these mistakes have caused. The power exists, in either government ; therefore let them not, with the rigid obstinacy of old practitioners, stick to the law for the mere sake of the law, losing sight of the object for which it was framed. As to the original enactment which forbids direct pui chase from the natives, it cannot, iv fairness, be condemned. Had it not beea made, their inheritance, while they were as yet comparatively ignorant of its value, must have long since pussed away from them, iuto the hands ot speculators ; not even New Zea1 nd speculators, but monied men from the aojaceut colonies, who would have been now hofding nearly every acre of available land iv the country, and able, by combination, to mulct our settlers at pleasure. To the natives themselves, the consequences would have been frightluL Possessed of a certain sum of ready money, but' with' nothing to tail back upon that should have-been spent ; or of some worth less barter, wasted as soon as received, numbers of the less prudent would have become

permanent hangers on about our towns, a crowd of turbulent, demoralised beggirs, with a double set of vices, — their own, and ours to boot. Moreover, we should have lost the great hold we now have over them, — their strong sense of self-interest, — their distinct perception of the advantage accruing to themselves from our continuance in the country. They are shrewd enough to be perfectly aware, that the present high value to them of their lands is not intrinsic, but contingent upon our sojourning among them ; that, if we were driven to morrow into the sea, their wealth would be engulphed in the same waters that swallowed up ourselves. Iv fact, the enactment has been a double protection : to them, and to us alike. Neither is fault to be found with Captain Grey for having adopted the quickest mode of \ ascertaining the law on a doubtful point. He could not but see, that the titles to at least two thirds of the land in the settlement were rotten ; that although much wis held in equitable possession, little was held in legal right. He could not but see, that all conveyancing was falling fast into a state of chaoiic contusion ; that the only chance of reestablishing certainty and order, was to cut down into the core of the evil at once, thoroughly to separate and clear it away. We cannot complain of his seeing the ill ; 4*ut we do complain of the spirit in which he applies the remedy. He has gone to work with an eye, not to reparation, but to confiscation. The sufferers have not his good will. This he has made too clear by his prejudgment of the question, after it had been put on trial, unable, in his impatience, to await the decision of the Supreme Court ; by his sending for persons over whom he might be supposed to have some control, and pouiingout the vials of his wrath upon them for having made purchases under the proclamation of his own predecessor, before himself could know that such purchases were against law ; by "his display of temper and personal feeling, amounting to something very like animosity towards those concerned. Temper, we say, for we will not allow ourselves to suppose that he copies in miniature the Napoleonistic artifice of feigning anger for the nonce, to discompose the nerves of those addressed,— -to overbear and throw them off their guard. When Captain Grey first formed his plan for re-annexing to the Crown the lands of which we speak, he saw, with his usual keenness of perception, that his main obstacle would be, not the law. — for of that he had been before pretty well advised, — but the real hardship to the purchaser s; and immediately, with long-headed foresight, settles himself to provide for the future difficulty. He finds, on examination, the whole bUme still resting with' his predecessor. That is awkward to begin with — a stumbling bock in the very threshold — but a little ingenuity may still get round it. The natural policy, — colonially natural, we mean—is of course, to transfer if possible, that blame to the claimants themselves, who might then be deemed incapable to take advantage of their own wrong. .In a happy hour, he chances upon a complaint made by Captain Fitzroy that a conspiracy had been organised to drive him to the measure of which we speak. Now, as the true source of this complaint, although pretty well known here, may be not equally so elsewhere, it is proper to set it out ; and here it is, a plain tale in few words. Two persons of this town, named Henderson and Me Fat lane, sold to the natives a vessel called Lucidan. The consideration was land, with timber on it. Not b*ing able to obtain a crown grant, they told the natives that the land was useless to them, and that the vessel must be given back again, l Kawau, the chief, went forthwith to complain to Capt. Fitzroy, who sent for Mr* Henderson, i and spoke to him very angrily, telling him he had made a bargain, and must abide by it. Mr. Henderson was firm, and left the room, persisting still in his original determination, ; The following morning, the whole of Kawau's tribe, each man with a musket in his hand, landed from canoes in Mechanic's bay, and there danced the war dance, (in celebration said Mr. Clarke, the chief protector, of their meeting a tribe they had not seen for a long time). The protector's explanation certainty seemed rather suspicious ; but, be that as it may, a few days afterwards, the penny an acre proclamation was issued. There was not much in the story to work upon after all ; not so much as could nave been wished ; but still enough. The hint is .seized with avidity, and his Excellency falls siraitway into a fit of virtuous indignation, which bids fair, in spite of all the Hippocratic lore of Auckland, to endure for the whole period of his residence amongst us. The cruelty of heaping difficulties on the back of Captain Filzroy, in times of extreme peril and emergency,— »the disaffection of the colonists, their recklessness of everything save their own immediate profit and interest, — nothing is forgotten; not even the excuse fur in compliance with the recommendation of Ijorii Stanley, that the present claims should be respected, but that no more such purchases should be permitted in future. His Excellency did succeed in turning the tables, but. he never believed in the conspiracy ; he is far too sharp-sighted & man,

We cannot accuse him of credulity; he is troubled with no such amiabte weaknesses He knew, no man belter, that this proclamation was issued by Captain Fitzroy,not through fear, but in compliance with the wishes of the Maoris, for whom, as is well known, he had so strong a predilection. We are not brilliant at the antipodes; perhaps only half educated; but this time Caj>tain Grey lias even under-rated our small intelligence, and shewn some want of tact in trying to make us believe that he was so deceived. " But all this is unprofitable talk," say the claimants, — " tell us rather what is to be done?— ls there nothing better than to sit down, and be spoiled ?" We will tell you what is to be done. Throw yourselves at once on the justice and good feeling of those in power at home. Be assured that they will respond to the call, if you can but make them see the justice of your claims, for there is no personal feeling there. Lay the case, and the hardships of' the case before them ; lay it without exaggeration, for that will be detected ; the simple truth should abundantly suffice; and if the truth cannot, believe that nothing will. Make them to see that they them selves were the ultimate cause of your losses, when they set over you a Governor, who, with many excellent and sterling qualities, was unable to conduct in perfect order the affairs of a disturbed country— to conduct them, as was required, without men or money, with nothing but the resources ot his own brain to overcome the difficulties that environed him. Clamour here is folly; public meetings, loose, violent declamation, worse than useless : it is silly to damage your own cau«e for the sake of indulging temper. But, above all things, abstain from the wild and reckless course of practising on the susceptibilities of the Nativest Among the .many claimants, some few illjudging persons are to be found, who, waspstung and impatient, smarting under the loss of their property, would rejoice to see disturbances arise ; or any thing which might throw difficulties in the way of what is now the prime and anxious object of our Governor, the pacification of the country. Recollect, that as far as his overt acts are concerned, he is not to blame ; that he has done nothing but what is strictly legal ; that, even if he be pi eju diced against you,— as, indeed, is only too manif st,--that he may be still unaware of that prejudice himself. It is justice, not revenge, that you have to seek ; use therefore your best endeavours to watch and restrain those few amotigit you that would willingly indulge in the last. Fur such are to be found ; every young colony holds within itself some that in the days of David would have been tenants of Adullam i and with you it rests to secure yourselves against suffering for their misdeeds*