The New-Zealander.

New Zealander, Volume 4, Issue 218, 1 July 1848, Page 2

The New-Zealander.

lie jiibt and feu nut: Let all the ends thou ahns't at, be tby Country's, Thy God's, and Tiuth's.

With a reluctance, little short of antipathy to Law and its dry technicalities, we sat down to peiusal of the Judgment in the case of the Queen against George Ciarke ; but as we advanced in lection of the clear and comprehensive elucidation of the subject, as expounded! by the Chief Justice, the language employed was so perspicuous, and the phiaseology so free from the pedantry of legal jargon, that we became positively absorbed m the interest of the details. Apart from the great and manifold interests imohed, viewing the case meiely as one demanding the honest protection of unbiassed justice, we have raiely had to comment upon a matter which comes moie home to the hearts of every Colonial Land holder, not of NewZealand alone, but of every province of the Austialasian group. What are the intrinsic merits of this particular question ? Why, simply, that an Englishman, who chose to cast his lot amongst the

SATURDAY, JTJLYI, 1848.

ri.ilne tubes — ore they had coded thcil ten itoiy to England's soAeioignty — doomed it adusable to purchase a tmct of land from iho free and independent people amongst whom he dwelt. British snpiemacy ha\ing, some time nftcnvaids been acknowledged by that people, amongst other Colonial ouhnanccs foi the guidance of British subjects, a leliospccth c one w ith lcfcrence to their land Uansactions with those natives became a law. To cnfoice that law two ' Commissioneis for the investigation of land claims weic appointed. Bcfoie these commisMonoisMr. ClarM' appealed and accouhng to i a pioscnbed and arbitiaiy scale of \aluation, satisfied them that he had given a bona fide, valuable consideration, entitling him, in their ojrii'ion, to 2560 of the 5500 acies he claimed. At a subsequent date, under a new commissioner and a different rulei — the award made by the first commissioners having been tendered not final, in consequence of the disallowance by Her Majesty of the Oidinance under ! which it was declaicd— Mr. Ciarkk's claims were ouleied to be reconsideied by Mr. Commissioner FnzGr.RAi.n, who made a lepoit re- > commending the allowance of his claim in full. That recommendation Governor FitzUoy ratified by a giant from the Ciown of 4000 acres. To that grant, as well as to othcis of a like nature, the present Chief Authority demurred •• — whereupon the Attorney General was commanded to institute the recent trial, which, although conducted with the learned gentleman's usual ability, could only be sustained by starting a \ ariety of objections, not one of which, we regret to add, was it possible to frame in a frank or libeial spirit. On the contrary, every technical flaw, every legal quibble were of sheer necessity pressed into support of this cause. Exception was taken to any lohearing of Mr. Clarkes claim except by the " said Commissioners," who might, perchance be sleeping with their fathers, and justice theieby put to bed with a spade. Exception, and a legal one, was taken to Mr. FitzGerald's lecommeudation which icquired to have been primarily sanctioned, by the Executive Council, in each individual case, but according to a letter from Mr. FitzGkrald (inserted in another column) it appears theiecommemlation preceded the authonty— nc\ erIhcless both the Governor and the Executive approved of Mr. FitzGerald's lepoit and upon its recommeudation a giant issued. Exception, again, was taken, to the Govertior's power, to giant a larger tiact of land than 2500 acres. This is the only point to which Mr. Justice Ciiuwmn directs his attention and he deals with it quite as conclusively as His Honor the Chief Justice. .Strip the case of the ioterml, (or, to speak by the card, impkriols) pretensions with which the Crown's Legal Adviser found himself compelled to invest it, and a moie vexatious suit, we conceive, rarely occupied the attention of a court, or distracted the minds of a community. We aie far from being the advocates of Missionary Land Claims ; indeed, upon principle, to such we have invariably manifested a conscientious opposition. It is, therefoie, upon the pure and immutable principle of justice that -ive lejoicc in the present honest decision. It would be a fearful tampering with public lijrlit — a perilous invasion of the honour and dignity of the Crown, wcie a grant made in good faith to a subject by one Viceioy, liable 1o bo cavilled at and cancelled, but upon the most undeniable giounds,by his successor. There has been by fai too much of law, and infinitely too little of equity, in all these colonies, in the honest inteipictation of Crown titles. We hail, theiefore, this decision as a triumph of principle — nay more, we hail it as a virtual settlement of the distracting questions which have kept in abeyance numberless and beneficial improvements which would othenvisc, no doubt, have converted these " waste" and semi-confiscated lands into \alid and valuable cultivations. Whilst thus congratulating our fellow colonists upon the happy adjudication of a matter 1,0 momentous to their well being, we cannot icfrain fiom offering equal congratulation to his Excellency at the settlement of a gieat public question — one which must have tended laigely to his own individual perplexity. At the same time we venture to express a hope, and that a confident one, that Mr. Clarkes grant having been pronounced strictly legal, His Excellency will deem it but even-handed justice to lestore the titles to those Missionaries •who, under an enfoiced impression of the illegality, and anxious to avoid even the semblance of itxetious opposition, weie talked into quiet Minender of their deeds.

The intelligence brought by Uie Cheerkll is of a common-place natuie. Theie had l)een but one armal fioin England, the Ann Bytes, on the Ist instant, iiom the Duwns on the 23id of January. The letum of Mr. Archibald Boyd, by the ■ Honduras, had elicited the most coidial welcome, in consequence of his indefatigable exertions, whilst in England, m the colonial cause. The Herald of the 2nd devotes the larger portion of a supplement to publication of a letter from that gentleman to his relative, Mr. Benjamin Boyd. The letter is a treatise on those absoi bmg consideiations, " ElectiveFranchi.se — Steam Navigation — and Jimigratioii," The

inspect ivo topics arc ably handled, houou-t strongly they may savom of the Boyd idiosyncrasy of view. The pproiation, foi example, | is worthy of the "Veni, Vidi, Via,'" of the immortal Julius. The following extract will be lead with interest in this place :—: — The Mulish Government feels a warm interest I in the establishment of a bleam communication | between hei colonies in lhel J acih'e and in India. Independently of the anxiety, of the Executive I (o tbrwaiil the inteics>ts of New South Wales, j they have it isuudetstood, a btrong desiie to atlaeh New Zealand. Thu political horizon is at present cloudy. If war do not break out before the death of Louis Philippe, it is under- | stood that a geneial convulsion is likely to take place at his decease. In such an event lew things would be moie easy and few enterpiiscs likely to be mote profitable, than lor a hostile force to edtct a landing in New Zealand. The mountainous and jungly character ot the country, and the warlike disposition of the inhabitants, ill-disposed to ouiselves, would make them, independant of oppobilion upon our pait, while the cent i dl character of tbeso islands, and their supeiabundance in the supplies of timber, food, and water, would at once give easy support lo un enemy's fleet, and abuudeut aiuu>)anee to our commerce. Wise in time, the Ministry ate anxious to establish a steam »oute between these islands and Sydney and India, so as to secuie in case of necessity a ready mode of conveying tioops and nnlilaiy stores. Accordingly I they did notatteinpt to conceal their geneial interest in the question. 1 had many conversations with Mr. Hawes on the subject, and spent the greater pait of two long interviews in troing over with him the greater part of the large map of the world, which was hanging in his room in Downing-stteet : discussing the compaiative advantages of the different routes, and harbours, and the facilities foi finding coal ami coaling places. The routes spoken of in the city were five in number — No. 1. Ftotn London by Panama, the Marquesas, Tallin, andS)dey. No. 2. Fiom London via the Cape, Adelaide, Poit Phillip, and Sydney. No. 3. From London via the Red Sea Mauritius, Adelaide, and Sydney. No. 4, From London via the Red Sea, Ceylon, Adelaide, and Sydney. No. o. From London via the Red Sea, Singapoie, Torres Si i aits, and Sydney. Mr. Boyd objects to all these routes, save the last, and, disadvantageous as its adoption would, comparatively, prove to New Zealand, ■we must candidly confess his objections are not without much weight and point. The crisis had knocked down many projects, but the mere thieat of a new steam company in the East had so astonished the Peninsular and Oriental that they Have become alarmed for the future, and to do away with the necessity for competition are disposed themselves to put vessels on the line from Sydney to bingapoie. l'hey have at piesent scvejal new steamships on the stocks and I have it fiom a gentleman uho was an oiheei in their sei vice, that it is generally understood that four of these are to be devoted to complete the loiite liom Singapoie lo Sydney We have even icabon to believe then that this steam communication vullsuon be in existence. To oui selves it is difficult toexaggciate its unpoi lance. The first Elective Council of New South Wales, would, it w r as thought, have held its final sitting on the 12th. A reference, how - evei, having been made to the legal members, it Avas declared to possess vitality until the 21st, on which day its fi\e years' labours would be brought to a close through eftluxion of time. The Ciiminal Court was in session with a heavy calendar, there being not less than nine mvi - der cases. Mr. John Terry Hughes, of Australian notoiiety, was befoie the couit on the Ist, a new trial having been granted him on a charge of fraudulent insolvency. The second jury re\eised the decision of the foimer one, and acquitted the prisoner. Probably it were but e\ en-handed justice to impanel a third jury to determine which was the conect verdict — the fiist or the last ! A double trial, arising out of one case — abduction — had excited considerable attention. The paities weic Mi. James Butler Kiuchela, a son of the late Judge Kinchela, and Mr. Martin Gill, a hotel keepei. Kinchela having canicd off Gill's daughter (a ghl of fifteen), her father gave chace, came np with, fired at, but missed, Kinchela. Gill was acquitted, but Kinchela convicted. Sentence deferred, and bail refused. Dr. Leichhardt was prosecuting his noithwestern exploration with his wonted ardour, and, so far, with success. A letter had been received from him, dated Mount Abundance, Fitzioy Downs, 4th April, where he and his paity were in excellent spirits. The first number of the Sydney Guardian, a religious periodical, issued under the auspices of the clergy of the Church of England, appealed on the Ist instant. It is intended to be published monthly, The coal mines at Tasman's Peninsula, Van Dicmen's Land^have been lot to a Mr. Alexander Claikc, at a rent of £1200 a year. The coal is an inferior anthiacite, with a laige amount of refuse. The pits, howevei , are con\eniently situated, and within a few houis sail of Hobait Town. The Fanny, from Newcastle the 12th, airived on the 28th, with a loss of neaily two thirds of her stock, having encountered a severe gale the night subsequent to her sailing. The long-pending Bank case, Australasia versus Au&Uulia, was decided by the JMvy

Council ia iVivoui of the loimcr.no copy ol tlio judgment. hoAH'VOi. had i cached the (olony HisGiace the Aichbi.shop of Cuiletbmy i<. no more. lie died on the 1 1th Febmaiy, at the jrood old a^o of riojity-tlnrc. The Bishop oi Choslci nay to succeed to the vacant f-rc. The bill foi suspending flic New Zealand Constitution, and giving to Governor Giey the pouer of appointing a nominal council, was canied, aftci some opposition.