The New Zealander.

New Zealander, Volume 5, Issue 348, 30 August 1849, Page 2

The New Zealander.

Kb just and fear not: Let all the endb llioii aimb't at, be thy Country's, Thy God's, and Truth's.

THURSDAY, AUGUST 30, 1849.

Legislative Assemblies are, like other public Bodies, amenable to the bar of public opinion, and their members, so far as their official sayings and doings are concerned, are liable to as much and as searching scrutiny as it may be thought proper to institute before that — generally and in the long run — just, tribunal. They are also open to trial, as individuals are, for what theologians define as sins of commission and sins of omission. In other words, they are responsible not only for what they do, but for what they leave undone. Judged by these principles, the faults of the Council which has just closed its Session, are principally those of omission. And with regard to these,the extenuating fact should be remembered that, though technically a General Council, it was avowedly a Special General Council, not convened so much for deliberation on the affairs of the colony at large, as for the consideration and enactment of on§ particular and very important measure, — other acts of legislation being introduced rather collaterally, and with a view to turning the occasion to the best practicable purpose, than as essentially connected with the main object of the Session. Bearing this limitation in mind, it is not too much to say that the Council has effectively accomplished the principal end of its coming together, and that, taking everything into account, it leaves the affairs of the country in a better condition than it found them. It found the title to Crown Grants in a most unsatisfactory position ; for although the adjudication of the Supreme Court in the cases of Mr. Clarke and the Kawau Mining Company had apparently decided many of the points at issue, still the Government might at its discretion or caprice subject any of the other Grantees to the risk of the uncertain results, and, in the mean time, to the certain expense and anxiety of protracted litigation. Thus the question, though in one aspect it might be thought settled by the judgments of the Supreme Court, was in another most unsettled, and invested with "doubts" of a perplexing and paralysing nature. But now these doubts are set at rest, and the titles are quieted by an Ordinance which, (although it has been so altered in its passage through Committee, as, in the estimation of its framers, to render it less efficacious than it would have been had it been enacted as it originally stood), is generally admitted to be equitable in its spirit, comprehensive in its scope, and calcu-

lated to work extended and permanent good to the whole Proviice. It is simple justice to award the meed of praise to the members of the Council, both official and non-official, for the spiut and manner in which the consideration of the Bill was conducted. It must have been a jaundiced eye indeed that did not see in their patient and painstaking investigation of the subject m all Us details and bearings, and theii willingness mutually to adopt suggestions and make concessions, the evidences of a disinterested and patriotic desire to render the measure as universally beneficial as possible ; — a desire which raised them above the littlenesses of party-strife and personal predilection or prejudice. The Crown Lands Ordinance, though subordinate in importance, is far from being without value. It gives stability to regulations already in operation, and holds out the prospect of additional advantages by — so far as it goes — facilitating squatting on the tracts of land which, as we are told, will probably, at an early date, be in the hands of Government. The Appropriation Ordinance was almost necessarily, in its main features, a matter 1 of course. The alterations in the Estimates (with perhaps one or two exceptions) were not repugnant to the wishes of even the most economical colonists ; and the strictures and suggestions made m discussing some of the stereotyped items of expenditure may, though resultless at present, lead to improvements at a future day. We hope we may, at all events, look for something better in the management of road-making. Although the non-official members who referred to this may not have turned the facts within their reach to the best account, yet they did good service, so far as they carried their case, in pointing attention to great abuses in management, the existence of which is matter of general notoriety, and must therefore be acknowledged even by those who most fully appreciate the liberality of Great Britain, and the desire at head-quarters to benefit the county. The Pension Ordinance ""needs no comment. A grant from the public revenue towards the support of men who had neaily or wholly lost their ability to support themselves, through services which they volunteered for the defence of the Colony, was less the performance of an act of liberality than the simple payment of a just debt. The Marriage Ordinance question occupies a sort of middle ground between what was actually done and what was left undone. The objectionable provisions of the law retain their place on the Statute Book ; but, so far as they make invidious religious distinctions, they are doomed. The speeches of lion, members during the discussion on the snbject may fairly be regaided as tantamount to a formal Resolution, binding them to give their full support to the principle of a really liberal and comprehensive Marriage Bill, such as the Governor has explicitly undertaken to lay before the Council at its next meeting. We may place on a footing somewhat similar to this, various matters incidentally taken up, though not then actually legislated on, such as the propriety of admitting certain materials for building ships free of duty, as raised by the very proper and reasonable application of Mr. W. S. Grahame to the Colonial Secretary. Here also we would class the reception and (with, we believe, only one exception) the printing, under the authority of Council of numerous petitions on topics of more or less public interest. We do not regard these representations as having altogether fallen to the ground, even though no specific motions were founded upon them. However true it may be that some of them contained assertions the soundnessof which was very equivocal — yet they unquestionably started topics and included facts, arguments, and suggestions, which furnish valuable materials for subsequent investigation and thought, and which members of Council (supposing them to be conscientiously alive to their duties and responsibilities) will examine into and meditate upon during the recess. So far, so good. But, on the other hand, the omissions of the Session cannot be denied, and should not be blinked. The most extensively felt of these is with regard to the loud and general— but still unsatisfied— demand for the opening up of the country for the purposes of European settlers, by permitting the lands of the Natives to be brought into the market. No one doubts that legislation on this subject would be attended with difficulties, some of which may be of a knotty and embarrassing character ; but there are few who believe that it would not be possible to deal with it by a measure which —although it may not spring into existence complete and faultless in all points — would materially lessen the pressure of the present grievance, and largely promote the interests not only of the stockholders but of the aboriginal inhabitants also. Still, it cannot be said that nothing has been accomplished in the matter. The preparation and official publication of such a comprehensive digest of the arguments and facts in favour of throwing open the country as has been condensed in the Report of Colonel Hulme's Sub-Commit-tee, will give increased force and consistency to future movements, and can scarcely fail to hasten the event of something more practically useful than the Governor's Reply, which, how-

ever able and ingenious as a diplomatic document, confessedly leaves the case very much in statv quo.

The letter of the Rev. G. A. Panton, which will be found in another column, is so offeni sive both in matter and manner, that we should have deemed it more respectful towards our readeis to have passed it by without notice, had not the gravity of the accusations pieferred in it against ourselves, — both editorially and personally, — forced us to adopt a different course. When an individual occupying the station of a Christian Minister charges us with stating not only what is false in itself but what we knew to be false when we staled it j when he gives to this charge the authentication of his name ; when he iterates and reiterates it, not from the impulse of any momentary excitement produced by his first reading of the article on which it professes to be based, but after ho has slept over the subject, and preached over it (a Sabbath having intervened), and obtained the " suggestions " of his advisers in relation to it, and when, in his eagerness to give it circulation, he advertises it in another journal ; it is manifest we cannot treat the matter with entire disregard. If the accusation be well founded, we deserve all the condemnation he has pronounced — (although even in that case, we might have expected that it would be pronounced in the spirit of meekness which befits a Christian pastor, and in the tone of courtesy which should characterise a Christian gentleman):—but if on the other hand, it be destitute of foundation, we owe it to ourselves to appeal for protection from it — we will not say to the generosity of public feeling-— but to the justice of public opinion. The question we naturally asked ourselves — (and the reader of the letter will see that it is one not easily answered,) — was— What is it that this angry gentleman means to deny ? Is it that he acquiesced in what he calls " the Governor's Deputy Registrar expedient 1 ?" This is the most practically important point in the case. But it cannot be that he denies that. Did he not on his Excellency's first mention of the arrangement, break out into the ejaculation of approval,—" That'll do !'"? Did he during any subsequent part of the interview object to the proposition, or, rather did he not enter into it with as little apparent repugnance as any pel son present % Could not the Governor himself (were it possible to make him a witness in the case), bear testimony to this ? Did he not next day, express to other mini&tets in the most unequivocal terms his willingness to adopt the expedient 1 ? If concurrence m the Deputy Registrar arrangement, be " unqualified Erastianism," Mr. Fanton is assuredly an " unqualified Erastian." Then, what does he mean to deny ? Is it our charitable supposition on his behalf that he does not " adopt the opinions and sympathise in the views advanced in the Southern Cross 1 ?" This can scarcely he his meaning. He says he " openly stated" his opinions before the Governor. But he certainly did not charge his Excellency in his own presence with " shallow artifices," and " transparent manouvies," and "duplicity ;" he did not call him a " skilful fencer," or " a renowned adept," or a " trifier with our liberties," or a " stirrer up of our deepest feelings, prejudices and animosities ;" he did not taunt him with having when he " saw the coming storm, sent for a few of the leaders of the memorial movement, for the purpose, it would seem, of sounding, and if found too deep, of cajoling them," or tell him that " his promises were not very sterling," and that it would be prudent always to "deal with him upon short credit." Nor yet did he " openly state " to the Governor, that the Deputy Registrar expedient was "at best but & shirking of the question ;" that it was doubtful whether the proposition was " made in earnest," but that, even if it was, it was "obviouslyridiculous," and should be " altogether repudiated" by " ministers of religion who regarded their own dignity." These and such like are ¥ the *' opinions and views advanced in the Southern Cross," with reference to which we observed, "//the third gentleman" — (alluding,, we readily admit, to Mr. Panton, though we did not name him) — "now adopts them, we can only say, he has changed his mind since the day of the interview." He carefully -avoids stating in his letter, whether he does or does not coincide in them ; but if he does, does he — or can he — deny that, on some points at any rate, he has materially changed the views which he unmistakeably expressed both on and after the day of the interview ? Then, we once more ask in the name of common sense and intelligible speaking, what does our Reverend castigator mean to deny ? Is it that he has adopted from the " Southern Cross " opinions and views which he did not previously entertain ? On a reperusal of hi» letter we think this is at least part of his meaning. If so, our simple reply is, toe never said he had ; and he has thus far been only making a man of straw — a paste-board giant — to show how cleverly he can knock it down. The sentence in our article which has called forth so much of Mr. Panton 's wrath was not designed to throw any doubt on the originality of his conceptions ; and we submit that, even if it had been, the offence would scarcely have warranted the imputations which he has enj deavoured to cast upon our veracity. Having already given more space to this

matter than many will think it worth, we shall dismiss the latter part of the letter very briefly indeed. The reluctance which we expressed to mate any personal references in our comments on this matter was unaffected and strong. But let us remind Mr. Panton that a necessity to make some such reference was imposed upon us by the writer in the " Southern Cross." We saw that the article in that journal, pin polling to be an account of the interview with the Governor, was calculated to produce a very etroneous impression on the public mind, and we felt it due to all concerned to declare our belief that the gentlemen who took part in the conversation at Grovern • ment House did not sympathise in its spirit and tendency. Our contemporary met this statement with an unqualified and " positive " contradiction. Thin thiovvn upon our defence, we stated, as a matter within our own knowledge, that two out of the three fully concurred in the disclaimer we had expressed on their part ; while, of the third we spoke hypothetically and guardedly, because we had not just then equally certain acquaintance with his views. This is the plain history of the facts which have induced Mr. Panton to write a letter which, we are persuaded, he will, on cool reflection, wish he had not written. For ourselves we can desire no fuller vindication than any impartial reader may infer from the several articles on the subject which have appeared in out columns and in those of our contemporary.

We devote the last page of our present number to Tabular Returns of the Shipping, Revenue, Expenditure, &c, of the Northern Division of New Zealand, from the commencement of the colony to the end of the year 1845, and from the Ist January 1846, to the 3 1 st of December 1848. These Tables have been compiled for us by a mercantile gentleman, with much caie, and we believe we may vouch for their accuracy. The statistical summaries which they present will we trust be acceptable to many of our readers, and peihaps will be found useful for purposes of reference by those who file our paper regularly.