The New-Zealander. WEDNESDAY AUGUST 11, 1847.

New Zealander, Volume 3, Issue 125, 11 August 1847, Page 2

The New-Zealander. WEDNESDAY AUGUST 11, 1847.

lie just and fear not: Let all tlie'emls ilion aimh't at, be Ihy Country's, 'lliy Goo's, aud Tiuth's.

The great question of the Northern Province is brought to an end at last. The Governor lias received a despatch, containing directions for the settlement of the land claims ; and having submitted it, not without reason, to the Attorney Geneial for interpretation, has now offered to the claimants the teims contained therein. The decision lo which Lord Grey has come, is this ;-- -that, «' To whatever extent the faith of the Crown is thus pledged to the purchasers, it must be maintained inviolate, be the consequent inconvenience what it may. But except to the extent to which any such pledge has been git en, Her Majesty remains perfectly free to take such measures as the welfare of Her subjects in New Zealand requires/ That although the Queen has disallowed and annulled Capt. Fitzßoy's proclamations of )he 20th March, 1844, of the 10th October, 184-4, «md of the notice of the 7th December, 1844, " Her Majesty is nevertheless pleased to declare, that this order of disallowance shall not prejudice any acts which may have been done in strict pursuance of them, antecedently to the receipt by the Governor of New Zealand, of Lord Stauley's despatch of the 27th June, 1845." Lord Grey then proceeds to observe " that the claimants under these proclamations have a title resting on no other ground, but that of a strict and positive legal right, and that their titles have no support from justice, equity or public policy." That it is not only competent to the Governor, but his " plain duty, to withhold any grant from the Crown, and any aid in any other form, from every purchaser under these proclamations, who shall not be able to prove in the stiictest rnauner, that he has completely and literally satisfied the requisitions of the Proclamations in every particular they contain," That every claim must be referred to the Attorney General, that he may report, and give certificates of such conformity, — that the evidence required to enable him so to cci tify, must be produced at the cost of the claimant, and finally, that the Grant when issued, shall be considered as barring the title of the Crown alone. The conclusion of the despatch is remarkable, "I anticipate that the result will be that few of the purchases made ' under Governor Fitzßoy's Proclamations, very few indeed, will be sustained, / have no difficulty in avowing that it will be gratifying to me to learn that such is the result, lor the whole transaction is one which it is impossible to contemplate without a lively regret that any persons should be benefitted at the public expense, and an earnest; desire to confine that benefit strictly within \he limits which the lloyal faith as pledged by Lord Stanley's dcs patches prescribes." The principle of this despatch is as good, as the spirit of it is vindictive. To the first, to maintenance of the Royal faith, Lord G»ey stood committed by the act of his predecessor in otSce, but bhows much irritability at finding himself thus hampered and trammelled. Feeling should never be anffered to transpire through a despatch, yet that which lies before us betrays too palpably the influences that have been at work ; unseemly, undignified at the least, it is likewise, to our mm i, slight.y in bud taste. * lV»,i ntiuriie gut dedonner de mauvaise gn>c*' > ii. plus fort "t le plus uenible est de doi.oer ; que coute-il d'y ajouter un sourire V' Lmd Stanley would lu-e lefu&ed with a better grace than had Grey has consented j but —Lord Stanley is ol our old nobility.

We observe that it is directed that immediate publicity should be given to Her Majesty's decision. And yet we are presented with extracts only from the despatch. # It would be foolish to supf oso that auy thing favouiable to the rights of the claimants had been kept back; the general tenor of the paper refutes the idea : but a suspicion naturally arises that the portion so omitted contains some new mistake of his Lordship, from exposition of which Captain Grey is anxious to screen his superior. It gives rise to misconstruction, to say tlie least. With resp'Ct to the interpretation of the despatch, it must have been no easy task. Three distinct constructions might have been put upon it ; and that which was ndopted, is not the least favourable. Among other difficulties, Lord Grey's assertion that the claimants have a legal, but no equitable right, is not to be undei stood. It is exactly the contrary, ns is proved by the concession made, merely to save the credit of the Crown. But upon these instiuctions, Captain Grey has declined solely to act, but offers to all the claimants the choice of three modes of proceeding ; lstly. Either to avail themselves of the provisions already mentioned; 2ndly To avail themselves of the piovisions of the Local Ordinance, which authorizes compensation in Colonial Debentures ; or 3i'dly, to leceive Crown Grants for blocks of land not exceeding five hundred acres, on their paying five shillings an acre within a month, from the award of Jhe Commissioner, provided such lands be situate within the distance of twenty miles from Auckland, Tin's last proposal, as being by far the most favourable, is, we suppose, what will be generally closed with. It is hard measure, certainly ; and we think that Lord Grey, in restricting all satisfaction of demands to those cases which could be clearly brought within the meaning of Captain JFilzßoy's proclamations, without noticing other acts of the late Governor, (as waiver of pre-emption over more than a few hundred acres), which were equally binding upon the honour of the Crown ,■ we think that he has not preserved inviolate that which he professed himself so anxious to maintain. Let us, however, be fair enough to cast the blame on the right shoulders. This time, at least, we can have no fault to find with the Governor. Ou the contrary, he has stepped out of his way to assist the claimants; he has stood between them and Loid Grey, and may yet have to answer that at home. How- ' ever he may have been the original cause of their misfortunes, he has come forward at last, and therefore ought to be met half way. As he has declared himself sincerely desirous [ of making this adjustment in the most liberal spirit, let him be met wtth corresponding willingness on our pan to facilitate the working of the measure proposed. It is unequal in its application, certainly ; some will be much injured ; others hardly at a'l ; but it is impossible to legislate for individuals; and upon the whole, if not as much as ought to be given, it is perhaps as much as was expected to be got. And we recommend that all shew of rancour should be suppressed, not only as a matter of good feeling-, but as a matter of policy. It must be recollected that Captain CJrey has still retained almost unlimited power in his own hands, and that few i laims could withstand the searching investigation which has been enjoined from home. Let it be borne in mind, that by the terms of the proclamation, the waiver should have obtained before the land was bought, and that Captain Grey, if he be so inclined, can still apply the " screw." We trust that our advice, even should it not be taken, will be received at least without distrust. The claimants know how earnestly we have laboured for them ; how we have opposed the Queen's government, contrary to our own natural feelings and inclinations, without regard of pains, or respect of persons ; and that, too, without the smallest personal interest in. the matter. The return we ask, if any has been deserved, is, that the claimants should adopt the course most consonant to their own interests— that they should not undo what little has been done, by a mistimed ; and useless outcry, or open shew of irritation for the losses they have made. It is better to save what can be saved out of the fire. And we here take leave of the question, for good. We have taken the popular side in it, not because it was the popular side, but because we believed it to be the right side ; and for the same reason — let U 9 here be distinctly understood — would have as little hesitation to rank on the unpopular side in any future question that might arise. And if such unfortunately Bhould prove to be the case, let none then turn round upon us with a foolish charge of inconsistency, under pain of being shewn in answer th< ir misconception ct the true meaning of the word.

Thekk. is one class of claimants to whom the Governor's attention should be drawn, as being apparently excluded from the benefits of his late proposal ; those who were really unable from various causes— absence from the country amongst others, to comply with the regulations published in the Gazette of June, 1816, We reprint a portion of a letter,

published in the iV<ju> Zealandcr about that lime, which will sufficiently shew that real difficulties stood in the way of such compliance. Captain Grey will perhaps recollect having received a memorial upon the subject, to which he replied, that he had not lime to give the matter a moment's consideration, as he was then about to embark for Port Nicholson, but that it should have his earliest attention on his return. Owing, however, to his lengthened stay in the South, he w<js unable to reply until the time to which the claimants were limited had actually elapsed. " The Governor before his departure to the South, look a very important step as legards the purchases of land made under the proclamation of Governor Filzlloy, A limited time was given for the production of all documents, &c, relating to such purchases, in order to I heir examination before Commissioners, and transmission to England, there to be apArcived or dis approved by the Home Government' The time allowed will very soon expire ; and yet one-fifth of the land so claimed has not yet been sui ve)cd — and will consequently, in accordance Vith the conditions of the Proclamation, become fOi feited. Now, the Claimants of land could plainly see the impossibility of complying with the Governoi'e command, in having their land surveyed within the time specified,— inasmuch as, if no other obstacle appeared, there were not so many surveyors in thq colony as would have ensured the accomplishment of the work within double the lime. This circumstance with others, induced the claimants to memorialize the Governor just as he mas about to embark for the Coinpan) *s settlements, and he promised to give the matter his earliest consideration upon his return, which was said would be in about ten or twelve da^s, However, the momoiial is still unanswered — and I am of opinion it will remain so, until after the time appointed for the production of all necessary deeds and documents has expired,"