The New-Zealander. SATURDAY, JULY 17, 1847.

New Zealander, Volume 3, Issue 118, 17 July 1847, Page 2

The New-Zealander. SATURDAY, JULY 17, 18 47.

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

Our readers are all aware that a large quantity of valuable land in and about Auckland has for three years been lying idle, in consequence of having been purchased, or pretended to be purchased, from Government by the New Zea land Company. We will not go so far as to say, with some, that the bargain was never intended to be made complete : that it was a craftily concerted device to retard the progress of a rival settlement, by acquiring the power to bar out improvtment for a certain space of time, by contriving that a large portion ot'land in the very heart of it should lie sterile and unimproved; although we have heard such intention freely laid to their charge. But, what-

ever their original object may have been, they soon discovered to what account the arrangement might be turned, and accordingly have held on by it ever since, without the slightest real intention of ultimately making good their own engagement. If, on the other haud, we <*ive them credit for having acted in perfect q o 1 faith, we are driven to remark upon the inconceivable fatality which has hitherto attended all thtir operations. Nothing has prospered with them ; nothing even that has been connected with them ; ill success has betn too invariably consequent upon their enterprises to be justly called ill luck. However, as the time allowed lor the completion of the purchase expiied in January list, it is right that the attention of the Colonisis should be called to the circumstance ; for it may be assumed that Government wils not fail to take measures without delay to re cover possession of what will not only replenish the coffers of its own exchequer, but afford opportunity for the investment of much money, now lying idly hoarded in the place. The outcry of the Company, will of course be gieat ; they will of course succeed in making up a very plausible case for themselves, with many complaints of hard usage and injustice; but it would be difficult to find reason for conceding to them any further term of such barren occupation, while there are so many here able and willing to turn these lands at once to pi ofi table account. As the affair is of ancient date, it may be as well to refresh the memory of our readers with a short account of it, that they may form thenown judgment of the merits of the question. The first idea— -rather an unlucky one, we conceive — of giving the Company a footing in the North ;of combining, or rather entangling, their interests with ours, seems to have occurred to Captain Hobson himself. Agreeing with the Company in opinion that the xestric* tion confining them to Cook's Straits, would have the effect of directing emigration to spots distant from the seat of Government, so that the Governor and his officers would be at one place, and the people to be governed at another; with a view of avoiding that feeling of hostility which was so likely to grow up between the rival districts, lie devised a plan for rendering one of the Company's settlements and the seat of government identical ; ans suggested to Lord Stanley that it might be conducive to the interests of all alike, if the New Zealand Company were allowed to select land in the vicinity of Auckland. It appeared not to be distinctly understood whether the proposal contemplated the mere completion of the settlement, on the formation of an entirely new one ; but the Directors at first refused to entertain it in either form ; on the double ground that it was inconsistent with their own interests, and that even if it were not so, any advantages accruing from it would be purchased by a sacrifice of honour and good faith. About five months afterwards, they appear to have been of a different opinion; and proposed, in a letter to Lord Stanley,, to purchase by Public Auction £50,000 worth of land in Auckland and its v.cinity; £10,000 worth in the town; £25,000 worth in the country, and the remainder, under certain restrictions, at discretion. The town lots were to be put up at the upset ptice of £ 1 00 an acre, the suburban, provided thai 100 acres or more were applied for at the same time, at £h ; and the Country lots to follow the rule established in the Land Sales Act. But the important clause in the proposal was this ; <l That credit be given to the Company, by the Land and immigration Commissioners, for the sum of £50000, in consideration of their abandoning their claim to 50009 acres of land out of the whole quantity of which they are already entitled." These terms were accepted by Lord Stanley, who forwarded to Mr. Shortland, then administering the Government, copies of the correspondence, desiring immediate effect to be given to the pioposed arrangement. It must be likewise mentioned, that the company, wishing not to be obliged to dispose immediately of the lands they should so acquire, or to make a forced sale ; to gain time for their operations, entered into an additional agreement with Lord Stanley, with respect to the promotion of colonisation in this district. Theybou.id themselves, as a guarantee against their holding these lands a long time without using them, to the injury of the settlement, to do as much for wlmi they bought at Auckland as they had already bound themselv< s to do at Nelson ; agreeing that if, at the expiration of three years from the agreement, they should not have found the means of expending, or in. curring absolute liabilities to expend, at least on ohjects of pubiic utility at Auckland, one-half at least to be applied ts emigra tion, and the remainder to public works on their own lands— then the Government should be at liberty to resume the excess of land be yond the quantity of which the value should have been so expended ; they recovering of course, an equivalent amount of the rights which they had given up in exchange. But meanwhile, there was moie going on than the Company knew of. Captain Fitzroy, then about to proceed as Governor to New Zealand, uot feeling sure that he perfectly understood the instructions which had already been sent out to Mr, SJiortlana, addressed a

letter to Lord Stanley, in which, among other questions, he desired to be informed whether he was right in assuming that the validity of the Company's title to the lands given by them in exchange was to be proved as a preliminary matter. To this he was answered, in a communication marked *• Confidential," that the Company was to be allowed a prima facie title to such lands, under the condition that the validity of their purchases should not be successfully impugned by other parties — Hine illae hcrymae. The Company, after a certain lapse of time, got scent of the correspondence, which had been laid before the Committee of Inquiry; solicited, and obtained a copy of it. But, in that copy, the word "confidential" appeared to have been erased. This was the signal for a most violent attack upon Lord Stauley in the house, where he was accused of a breach of faith in having produced one set of instructions to°tho Company, and of having given another, an inconsistent, a different, and a secret set of instructions to the Governor of the Colony. Moreover of having tried to deceive the Company by the erasure of that important \>ord. We need hardly remind our renders of the triumphant refutation made to both charges ; more especially to the latter, and graver, which was simply this ; that if the instructions had been communicated with the word >( confidential" upon them, the Company might Jiave fell precluded from shewing them to the public ; and that, therefore, the word had been erased. This debate, however, ultimately proved to be beside the question of purchase. The Company, immediately on receiving a copy of Lord S:an ley's despatch to Mr. Shortland, instructed Colonel Wakefield to purchase and take possession of the land, who deputed Mr. Dillon Bell to carry their orders into effect. It must be remembered that there were two condi: ions expressed with respect to the purchase of these Auckland lands. The first related to the exchange, and the title of what was given in exchange ; the second to the expenditure of 2040,000 within three years, on emigration'and public works. It is with this second condition that the company have neglected to comply, through which non compliance the lands have again reverted to the Crown. What took place after the expiration of the three years has not yet been mode public in Auckland ; but Col. Wakefield seems to have made no secret of it at the South., We learn from our correspondent that the Governor communicated with him on the subject, bat found Colonel Wakefield not at all willing to abandon the claim. On the contrary, we believe that in his answer he took very high ground, daring his Excellency to put the lands up to auction without previous communication with the Home Government. And so the matter rests, for the present ; but, with due deference to Colonel Wakt field's judgment and perception of character, we apprehend that in adopting that tone with Captain Grey, he will find that he has made a mistake. If any thing could hurry the measure to which he objects, it would be precisely what he has done to stop it.

The legislative Council— the old school — is to meet once again, for the last time, before the proclamation of the Charter; the neenia of the dying swan. The titles of the bills to j be introduced are good ; but how they will be handled remains yet to be s. j tn. We suppose it will all be arranged in the old fashion — the Governor having it all his own \va\, ncmiae contradicentc ; neither are we much opposed to that manner of carrying on the business of the Colony, except insomuch as it relieve^ himself from reponsibility. Power, coupled with responsibility, in the present times, is more a bugbear than a real danger; but, to the stalking horse 'system, firing from behind cover, we have always distinctly objected.

We call the attention of our readers to a letter inserted to-day, respecting the great advantages that would result from the establishment of regular communication by steam, from the Manukau to New South Wales. Every one is aware that the voyage would be much shortened, and the most uncertain portion of the passage, viz — from the North Cape would be avoided. We have more than once brought the subject under the notice of our readers, and we now leave it in the hands of our correspondent, after making one observation. Supposing one steamer only employed, as a regular packet, we wonld suggest that lights be placed for her guidance, a tew days before she might be expected, and continued nightly until her arrival. The expenses wou'd then be trifling •, and for that paiticular packet be all that would be required. The entrance to the harbour should in any case be buoyed off; and no man in the colony would be better adapted for the execution of that most important service, than our indefatigable haibour-master, Captain Hough.

By the Cheerful, which arrived late yesterday, we have English news, via India, to the 25th Match. Notwithstanding the great efforts so humanely made by the Government to alleviate the sufferings of Ireland and Sqothnd, yet, in the former couniry, destitution was increasing — there being no less, it is stated;

than 1400 human beings dying weekly of starvation. The Queen had ordered a solemn Public Fa s * to be kept, and special prayer to be made toAlmighty God on behalf of the distressed countries. The relief fund had been considerably augmented by large subscriptions collected in, and sent from America, and other countries; and we observe that our Sydney friends are also exerting themselves to assist their fellow-countrymen.