The New-Zealander.

New Zealander, Volume 5, Issue 331, 21 July 1849, Page 2

The New-Zealander.

He just and fear not : Let all the ends iliou ahns't at, be thy Country's, Tliy God's, and Truth's.

SATURDAY, JULY 21, 1849.

The Judgment of the Supreme Court in the case of the Land Claim of the Kawau Mining Company, as published in exienso in the " New Zealander" of Thursday, has, no doubt, been already generally read, and read -with an attention proportioned to its powerful bearing on the interests of the Colony. The cogency and conclusiveness with which the legal questions involved in the Grants made by Governor FilzRoy are argued and determined who hay* proved most satisfactory, not only to the pav-^ ties concerned in the decision, but also to our Northern settlers in general, must have anxiously desired the adjustment of disputes which were harrassing in themselves, and materially obstructive of enterprise, because inf compatible with that sense of security which is essential to animated and hopeful exertion. We had intended to make some more lengthened remarks on this subject in its various aspects, wher\ our purpose was altered by the perusal of the " Government Gazette" of last evening. The residents and friends of New Zealand will share in the agreeable surprise with which we read the draft of a " Crown Titles Bill" which the Governor has declared his intention to lay before the General Legislative Council, which, it will be seen, is appointed to assemble on Wednesday | week, the first of August. Without entering now into a minute examination of its details (which the lateness of the hour at which it has come into our hands renders impracticable), we cannot hesitate to characterise it as, on the whole, one of the most im * portant and satisfactory measures in the annals of New Zealand legislation. As the entire Bill will be found in our other columns, it v, ill be enough to state here that it proposes to declare in the most comprehensive and explicit terms the absolute validity of every grant of land within the province of New Ulster, made on behalf of the Crown before the passing of the Ordinance, by any Governor, LieutenantGovernor, or other officer administering the Government for the time being. It is intended, therefore, that the titles to all the Crown grants made by Governor Fitz Hoy shall thus, by one sweeping enactment, be effectually quieted; and that this desirable consummation shall be attained without infringing upon any real rights of the original native owners ; for it is proposed that any native claimant (not being a party to the sale of the land) who can, within a period to be limited, satisfy a Judge of the Supreme Court that his title has not been fnlly extinguished, shall receive equitable compensation, such payment to be charged upon the .General Revenue of the Province. We may, we trust, anticipate as one of the results of the introduction of this measure,, the establishment of more confidence and concord between the Government and the Land Claimants than has hitherto always existed. We need not say that, whether deservedly or not, Sir George Grey has been severely censured in certain quarters for his procedure in relation to these claims. We can have no knowledge of his motives, which of course, for aught any man can prove to the contrary, may have been as bad as some have alleged, But we can at least imagine another interpretation of his conduct. Svppose that the " doubts " respecting the validity of the Grants to which the Preamble of the Bill refers, were entertained not only in Auckland, but also in Downing-street ; suppose that the Governor's instructions, as well as his own views of rectitude in administration, compelled him to act upon those doubts, until they were set at rest by authoritative adjudication : suppose that the steps which have been so strongly condemned, were taken by him with singleness of purpose to secure, at whatever temporary sacrifice of personal popularity, the ultimate end 3 of justice; and sup* pose, that now when the decision of the highest legal functionaries in the Colony has been pronounced in cases which, taken together, substantially included all the principal points at issue, he is himself one of those who hail the settlement with most gratification j and, finally, suppose that it is with such feelings he hastens to propose the measure now before us :— Sujppose this, and then say whether the portrait of his Excellency, which has frequently been exhibited to public gaze, is not a distorted caricature rather than a true likeness. It may be said that our's is an imaginary and untruthful representation. Perhaps so ; we only put the case hypothetically. But we have as much right to suppose all this, as others can have to assert that his motives have been " nefarious ;" and when the conduct of a man in any station admits of two constructions, we think that both charity and justice require that we should prefer the better of the two. Be this as it may, the Bill, so far as our rapid survey of it enables us to judge, promises to confer a benefit on New Ulster which, under the present circumstances of the Proj vince, it would not be easy to exaggerate.

By the schooner " Frederick," Sydney papers to the 7th instant inclusive, have reached us.

We are indebted to them-, particularly to the Morning Jierald, for much of the interesting intelligence which we this day publish. First in importance is the cheering news that the Sikh war has terminated in the decisive triumph of the British arms. The battle of Goojerat on the 21st of February (of which an account appeared in our number of the 10th inst ) had broken the strength and dispirited the leaders of the Sikh forces to such an extent as to determine the issue of the campaign. The British operations subsequent to this victory were conducted with great vigour and entire success. Major-Geneial Sir Walter Gilbert, with the division of the army under his command, crossed the Jhelum in pursuit of the enemy, who fled from place to place before him, deserting positions which they had prepared to defend ; and, on the 14th of March, the disarmament of the Sikhs, which had commenced at Manikyalla, was completed by the surrender of Suttur Singh, Shere Singh, and the principal Sirdars and Chiefs, who delivered up their swords to Sir Walter Gilbert. At the same time forty-one pieces of artillery were given up, making a total of one hundred and 'fifty-eight pieces of ordnance which have fallen into the hands of the British during the campaign ; and the remains of the Sikh army,, numbering about sixteen thousand men, laid down their arms in the presence of the British troops. It is gratifying to know that this final and full submission was obtained without a single shot being fired. It did not follow from this brilliant success, however, that general tranquillity was restored. The overthrow of Dost Mahomed Khan and the Affghan army remained to be achieved. But the troops under Sir Walter Gilbert immediately marched towards Attock and'Peshawur ; and there is every reason to anticipate that we shall ?>y the next arrivals of news learn that victory has continued to wait upon their banner. The intelligence from China is far less satisfactory, exciting rather apprehensions of a recommencement of hostilities than hopes of a continuance of tranquillity. The subject of dispute is this : — in an agreement entered into, two years ago, between Sir John Davis, as representing our Queen, and Keying, the Imperial Commissioner appointed by the Emperor of China to negotiate with foreign powers, it was stipulated that on the 6th of April, 1849, the city of Canton should be open to British sub • jects. The Emperor now refuses to fulfil this engagement, assigning as his reason that " the people are of due fixed opinion in being averse to the entrance of foreigners into the city," and that, as " what the hearts of the people incline to is the will of heaven," they must not be " constrained to an oppos'te course." Under these circumstances the British Plenipotentiary (acting, it is said, under stringent orders from home not to force a right of entry) issued on the 4th of April a notification prohibiting British subjects from attempting to enter the city for the present. The result will be looked for with considerable anxiety. It is stated that the English residents generally,— although many of them condemn the steps by which Sir John Davis obtained this agreement In 1847, — yet were of opinion that the dignity of the British Crown, and the future interests of commerce demanded that the Chinese should, at whatever cost, be coerced into compliance with the treaty. . The intelligence from England comes down to the 19th of March. The interest of the Parliamentary proceed' ings so far as they are before us, (which is only through the rapid summary given in the "Sydney Morning Herald"), is almost entirely confined to the debates in the House of Commons ; as it would appear that, after all that has been spoken and written on the subject, the House of Lords is doing little more in the origination of measures than in former years ;— -the consequence of which is that the most important bills can come before them only at so advanced a period of the session that they must either be postponed for another year, or hurried through without receiving the deliberate consideration which might be desired and looked for in one — and that the "Upper" — branch of the Legislature. The Government bill for the abolition of the Navigation Laws had been encountered with strenuous opposition. The second reading had been catried by 266 to 210 ; — a majority more than sufficient, of course, for the immediate object of forwarding the measure through that step, but, hy no means, decisive of its ultimate fate ; the minority being powerful enough to tmbarrass Ministers in passing it through committee, and to strengthen the Protectionist Peers in the efforts for its defeat, which— should it reach their House— they will undoubtedly make. The vexed question of Church Rates was again discussed, and a motion, by Mr. Trelawney, for the immediate abolition of the impost was rejected by 119 to 84. On the Navy Estimates, a proposition by Mr. Hume, to postpone the consideration of any portion of the expenditure until a general financial statement was laid before the House, ■was negatived by 97 to 48. A vote for 40,000 men was agreed to, (against an amendment to reduce the number to 35,000,) by a majority of 144 to 59. On the 18th of March the affairs of Van Diemen's Land were brought forward hy Mr. Chisholm Anstey, who moved an address respecting certain ordinances of the

Legislative Council. But that lion, and learned gentleman has so wearied and worried the House by his pragmatical meddling and pertinacious obstinacy, that, as it is impossible to still his voice, members now usually adopt the only alternative open to them by withdrawing themselves from the hearing of it. The motion on this occasion was lost, as Mr, Anstey's motions usually are, by a " counting out" of the House. A Landlord and Tenant Bill, and a Bill to relieve clergymen of the Church of England dissenting therefrom from all penalties connected with their becoming declared Dissenteis, were respectively read a second time. A motion by Mr. D'lsraeli to relieve land from the burthen of certain local taxes was, after a prolonged discussion, negatived by a majority of 280 over 1 89. Commercial and monetary affairs on the whole looked well. The prices of raw material continued firm ; but some of the manufacturers in Yorkshire complained that they could not get prices to enable them to replace goods at the present advanced cost of wool ; the advance, however, is regarded as fully established, and at the Bristol Wool Fair, an increase of from 20 to 25 per cent, in prices over the last September Fair was realized in some kinds. The iron trade was steadily improving. Although yarn was high, there was a demand for all that was spun, either for home consumers or the delaine makers. Railway shares were firm, without any material alteration in prices ; but only a limited business in them was done. Turning to Foreign European News, we find that France seemed settling down into rest after the fierce convulsions through which it has passed. The president of the Republic was winning "go'den opinions," and the mingled firmness and moderation of the Government in its struggles with the Assembly had done much towards a restoration of public confidence. The progressive rise in the rente strengthened the impression that the ultra-democrats had lost their power to disturb the country. The Red Republicans, indeed, continued to commit outrages, but they were of a comparatively trifling nature. A steam fleet was in active preparation at Toulon, to go speedily to sea with troops, for the purpose, it was believed, of aiding the Pope against his refractory Roman " children." The accounts from Turin were of a warlike character. A strong military force had been despatched to the frontiers of Lombardy. Spain, it was stated, had definitively resolved upon an armed intervention in the political affairs of Rome. Five thousand men were getting ready for this enterprise. There is important intelligence from Austria. The young Emperor had abolished the Diet, and promulgated a Constitution which has for its object to give unity to " the free, independent, indissoluble, constitutional Austrian hereditary monarchy." It secures perfect religious equality, personal freedom, the liberty of the press, and the extension of popular education in the languages of the minority. The Imperial Diet is to consist of two Assemblies, both elective ; the Upper One being selected from the provincial Diets, with a high qualification, the Lower chosen from the population at large, in the proportion of one member to 100,000 souls, and the qualification for a Vote being the payment of direct taxes varying from one pound to two pounds sterling. The Times thus concludes an elaborate article on this Declaration of Rights — " On the part of England we cordially applaud this just undertaking, firmly adhering to the great principle of British policy, that the independence and prosperity of Austria are of the utmost continental interest to ourselves, and that we are more than ever called upon to stand by the Court of Vienna when it has abandoned the Camp of Absolutism, and adopted principles of government as libeial and as moderate as those of our own monarchy." The truce between the Sardinians and the Austrians would expire on the 21st of March, and, notwithstanding the mediation of England and France, it was expected that hostilities would be resumed. All was excitement and activity at Constantinople, owing to the entrance of the Russians into Transylvania, and rumours of their intention to proceed against Constantinople itself. The King of Holland died on the 17th of March, of inflammation of the lungs. From Sydney itself there is little of general interest. We copy the following, however, from the (London) " Mark Lane Express" of March 12:— The contract for the conveyance of Her Majesty's roaili between the United Kingdom and Sydney by packets will terminxte on the 29th instant. The con* renience of fixed period* of departure bat been recog nised by all who are connected with our Australian possession*! although it must be admitted that the speed of the vesseli has not always afloided later information than that obtained by private merchsntm n. A. service performed by sailing vessels under any contract must be subject to such occasional drawback*, against which itcam communication can alone secure us, and tbii, it ii sincerely hoped, may ere long be in operation. More than one plan hai been before the public for the accomplishment of this important end ; and, possibly, Government, anticipating the development of one or other ot them, has wisely decided not to bind ittelf by a fudher agreement tor a term of years. However this may be, it is certain that, for the present, correspondence for New South Wales and New Zealand mil be forwarded by private ships, as

frequently os occasion offen, the usual rate of Bd. on letters and Id. on npwspapers, being the charge. In reply to a letter from Mr J. A. Jackson, the Agent for Van Die men's Land, with reference to an article in the " Daily News" respecting the New Constitution for the Australian Colonies, Mr. B. Mawcs (under date February 15) wrote— It is true that a Bill for the extension of Representative Government in the Australian colonies is under the consideration of Her Majesty's Government, and will probably be submitted to Parliament at no distant period, and also that it will contain fome of Ilia provisions which aio mentioned in the Daily New?. But on various important points that unauthoiised statement is entirely erroneous ; nor is the Bill yet in Buch nitate of preparation as to admit of being brought in im neriia ely. The papers from which we have compiled this summaay contain numerous itcmsof minor news, from which we shall select, for our next any that may seem likely to interest our readers,

shall be deemed and taken to be a good, valid, and effectual conveyance of the land purported to be conveyed by such Grant and of the estate or interest jwrported to be conveyed thereby as against Her Majesty, Her Heirs and Successors, and against all other persons whatsoever, and as if the same had been a valid Grant of the Demesneland by the Crown — any Law, Ordinance, Custom, Usage, or Instruction fc to the contrary notwithstanding. 2. Compensation to be made in case Native Title not fu'ly extinguished. 2. Provided always, and it is hereby further enacted that if at any time before the Ist day of January, 185 it shall be proved to the satisfaction of a Judge of the Supreme Court that the Native Title to the land comprised in any such Grant hath not been fully extinguished, it shall be lawful for any such Judge to awaid to the Native Claimant or Claimants proving title to the same (not being a party or parties to the original sale of such land) such sum or sums of money in satisfaction of the claim so to be substantiated as aforesaid, as shall appear to such Judge to stand with equity and goo J conscience. 3. Such Compensation to be payable out of Geneiui Revenue of Province. 3. All sums of money so to be awaided as aforesaid, shall be paid by the Colonial Trea surer, on demand, to the person or persons in whose favor such award shall be made, and shall be payable out of, and be charged, and chargeable upon the General Revenue of the Province of New Ulster. 4. The operation of certain Grants to confer a right of Selection. 4. And be it further enacted, that until it shall be amended, as hereinafter provided, every such Grant as aforesaid which shall recite that the Grantee is entitled to receive a Grant of a specified quantity of Land, but which shall not set forth and describe the particular piece or parcel of land intended to be thereby conveyed, shall be deemed and taken to vest in and confer upon the said Grantee, his Heirs, and Assigns, the right of selecting out of the whole of the land included within the boundaries named in the Grant, the quantity of land to which he may be so recited to be entitled : Provided always that such right of selection shall be exercised before the Ist day of January, 185 , and that the particular portion of land so to be selected shall be m one block, 5, Right of Selection, how to be exercised. 5. Such right of selection, as aforesaid, shall be deemed to have been exercised by every such Grantee, his Heirs and Assigns, so soon as he or they shall have furnished to the Sur-veyor-General a description in writing, particulaily setting forth the boundaries of the land to be selected under the authority hereof, together with a map or plan of the same, which shall have been executed by a Surveyor, licensed by the Surveyor General, and maj be approved by that officer. 6. Map or Description of Boundaries to be indorsed on Grant. 6. It shall be the duty of the SurveyorGeneral, and he is hereby required to ascertain that the land so chosen forms part of the land reported by the Land Claims Commissioners to have been purchased from the natives, and if he shall be satisfied of the sufficiency of such map or plan and description, to cause a copy of the same to be indorsed upon the Deed of Grant relating thereto, and to certify such description by subscribing his name to' the same. 7. Grant to be valid when endorsement shall have been signed by Governor. 7. It shall be lawful for the Governor, or. other the Officer administering the Government of the province, for the time being, to countersign such description. And every Deed of Grant so countersigned as aforesaid, shall be deemed and taken to be a good, valid, and effectual Conveyance of the land so described thereupon to the Grantee named therein as against her Majesty, her Heirs and Successors, and all other persons whatsoever. 8. In certain cases land may be granted in exchange, 8. Provided always, and it is hereby further enacted that in case the person or persons entitled to such right of selection shall meet with any serious obstruction in the exercise of the same from any Native Claimant, it shall be lawful for the Governor, or other the Officer administering the Government of the Province for the time being, on being satisfied that peaceable possession of such land cannot be taken to Grant to the persons entitled to such right of selection other land, within the Province of equal value (not being town land,) which may have been offered for sale by Public Auction and which may have been selected by such person as aforesaid. 9. Value how ascertained. 9. In every snch case as aforesaid the value of the land so given up by snch person shall be determined by two Appraisers, one to be appointed by such Governor or other Officer, and the other by the person entitled to such right of selection, and the value of the Land hereby authorised to be given in Exchange, shall be ascertained and determined by the upset price at which it may last have been offered for sale by public auction as aforesaid. lv. Ordinance not to come into operation until it receive Royal assent 10. This Ordinance shall not come into operation until it shall have received the Roy?l Confirmation, and until such confirmation shall have been duly notified in the New Zealand Government Gazette.