The New-Zealander.

New Zealander, Volume 8, Issue 672, 22 September 1852, Page 2

The New-Zealander.

Be just nnd fcnr not : Let all tjie ends tliou iinn'st at, be thy Country's, Thy God's, and Tiuth's.

AUCKLAND, WEDNESDAY, SEPT. 22, 1862.

We trust we should be amongst the last to advocate an evasion of the payment of a just debt on the ground of a technical irregularity, or by means of auylegal subterfuge. Such things arc sometimes done : where the moral obligation to liquidate a claim is unquestionable, it is now and again evaded through some informalily or oversight on the part of the claimant: but the man who escapes from his equitable liabilities by taking ait unfair advantage of this kind, forfeits all pretensions to the character of truth and integrity. The case is widely different, however, when a claim which has no foundation whatever in justice is set up, and sought to be enforced by the provisions of a legislative act. The honest man on whom the wrong is likely to be inllicted, may, we conceive, without any sacrifice of upright principle, mod his oppressor upon hisown' ground, and, if possible, defeai him with weapons taken from the armoury he has himself chosen. Now we regard Ihe claim advanced by the New Zealand Company, so far as the Prounce of New Ulster is'concerned, as precisely of this class. If we were really indebted to the Company, we would not be prevented by the enormous and crushing magnitude of their demand, from admitting the debt, and endeavouring to the best of our ability to discharge it. But in all the records of unrighteous claims, there could scarcely be found one more entirely destitute of support from ils merits. We, in New Ulster, owe the Company nothing: their operations have been conducted, and their expenditure incurred, exclusively for the Southern Settlements: if they are entitled to any compensation for their losses, they should look for it from the field of their colonizing speculations, riot from a Province which it has been their constant policy to decry and asperse. They have done New Ulster evil and not good ever since the day of their organization; and if it should turn out that the Acts into which they have beguiled the Imperial Government and Legislature do not, after all, place us in their power as they intended and supposed, uolonly might we with a safe conscience re-

pudiate the pretended debt, but our escape from their fangs might be looked upon will) an appro>ing pleasure similar to that with which we may imagine (he honest men in Venice to ha\e regarded the escape of Antonio from the penally of the bond which Shyloek — (that New Zealand Company individualized by aulicipalion)— would relentlessly ha\e exacted to the utmost. On an examination of the various documents, it has appeared to others as well as to ourselves, that, notwithstanding the apparently inevitable invohcmenl of New Ulster in the enactments gh ing the Company a lien on the Land of the colony, there yet may be found, on a comparison of (he di Heron t Royal and Parliamentary documents on the subject, sufficient grounds on which to establish a legal rejection of their demand as affecting this Province. We do not pretend to present the case with such formal accuracy as that acute gentlemen "learned in the law" may not possibly delect some flaw in our mode of staling it; but we may indicate the I leading points with sufficient distinctness to 1 make what we mean intelligible to the general reader. The legal hold which the New Zealand Company is supposed to have upon the proceeds of the Land Sales, is derived from the "New Zealand Act" of 1847, which undoubtedly does enact that they shall have a claim for the sum of A 208,370 15s. Od. with interest. This, it is provided, is to be paid "out of the proceeds of all future sales of the Demesne Lands of the Crown in New Zealand," — but, let the limitation which immediately follows be well marked, — "after deducting the outlay for surveys, and the proportion of such ■proceeds which is appropriated to the purposes of Emit/ration." Here the right gi\en to the Company is restricted by the conditions of previous appropriations, especially of that for Emigration ; and on reference to the thirteenth chapter of the Jtoyul Instructions of December 1840, (which accompanied the Charter) we find that the whole net balance, after defraying the necessary charges connected with the Land Sales, is to be appropriated to Emigration, — or to such other Public Services as subsequent Royal Instructions may prescribe. The words arc, "Thirty-first. A separate account shall be kept by the Treasurer of each of the said Provinces of the gross proceeds of the said Lands Sales, llents and Royalties, and of all the costs, charges, and expenses of and incident in any way to the salo, survey, administvstion, and management of the said Dcmcnsc of Us, in right of our Crown, and after deducting from such gross proceeds all such costs, charges, and expenses, the net balance shall be by Us held in trust for defraying the cost of introducing into the said respective Provinces Emigrants from tne United Kingdom, or in trust for defraying the costs of such other Public Services therein as by Us shall from time to tjme be prescribed by Instructions to be issued in pursuance o£ the said Act of Parliament, under our Signet and Sign Manual, with the advice of our Privy Council :" Now as this appropriation of the entire net balance had actually been made when the Act of 1847 was passed, the strictly correct interpretation of the law seems to be that the claim which this Act establishes can at most exist only with regard to the Province of New Munsfer, in reference to which special and distinct provisions are made, as follows: —The Royal Instructions of December 1840 are recited and suspended as to New Mnnster, and the Demesne Lands of the Crown in that Province are absolutely vested in the New Zealand Company, on certain terms. The object of this arrangement is staled in the Act to be " to restore the prosperity of the existing Settlements, and promote the establishment of new Settlements in the Colony." These expressions plainly have reference to the operations of the New Zealand Company in its existing or intended settlements, and the fair inference is that — as the Act did not in any part refer to New Ulster, — as, indeed, the Royal Instructions of 1840 continued to apply to New Ulster just as fidly as if this Act had never been passed — the clause fixing the charge on the Land Fund was never designed by Parliament to apply to this Province, although by some mistake, or more probably by some management on the part of the Company, the words " New Zealand" were introduced instead of "New Minister" in thai important part of the measure. At all events, the charge was to be made only after certain services mentioned in the Royal Instructions, had been provided for, — and, as we have just pointed out, those services would engross the whole, so as to leave nothing a\ailablo for the Company. This view of the case is greatly strengthened by the fact that, in August 1850,— three years after the passing of the Act under which the Company's claim has been urged — I for Majesty issued Additional Instructions sanctioning the appropriation of one-third of the Land Sales Revenue to be expended by the Wardens of Hundreds. As this point has special interest just now, owing to the newly imposed stoppage of this supply for public works, we cite the portion of the Instructions of 1850 in which— after reciting and repealing so much of the Instructions of 4840 as was necessary for this particular purpose— the sanction of the Crown was given to the appropriation to the Wardens: — And whereas by virtue of certain Proclamations issued or to bo issued within the colony of Now Zealand, certain parts of the said colony have been or may hereafter be divided into Hundreds : And whereas it may be expedient that part of the proceeds arising from the sale of Crown Lands within the said Hundreds, should be applied in such manner as may be specified by the Wardens or other proper authorities thereof. We do hereby further declare that it shall be competent for the Governor or Officer administering the Government of the &aid Colony, to authorize the application of any proportion not exceeding one-third of the gross proceeds of the sales of Crown Lands effected within the limits of any such Hundred, towards such purposes as shall be signified to him by the Wardens of such Ilun- ' dnd, or by such other authorities thereof as shall be designated for that purpose by any Ordinance to be passed by tho Legislature of the said Colony, subject nevertheless to such restrictions and regulations as shall be imposed by such Ordinance, Now, these Additional Instructions were sent out by Lord Grey together with the Despatch in which he notified, Her Majesty's

confirmation of the Colonial "Ordinance to regulate the Occupation of Waste Lands of (he Crown in the Province of Now Ulster," and his Lordship's Despatch is made up mainly of comments on that Ordinance. Is it at all likely that, if the Act ot dBi7 were then understood as establishing the New Zealand Company's claim on the Land Fund of this Province, Her Majesty's would ha\e been advised thus to authorize Ihe appropriation of one-third of that Fund to the Wardens'/ More might be said in enforcement of those points, but our present object is simply to indicate reasons .for trusting that, at the worst, there may be found legal grounds on which to insist the imposition on New Ulster of a charge as monstrous in its injustice as it would be ruinous in its effects. We trust, however, that when once the true slate of ihe case has been fully brought before the Imperial Authorities, it will not be left for ourselves to study minutely the means by which the infliction may be avoided, but that the honourable principle and feeling of the British Government and Legislature will lead to (ho immediate adoption of any steps that may be necessary to relieve us from all future apprehension of the burden. Already, appeals have been forwarded to England on this subject, which we cannot but believe would have effect, — if not in arresting the renewed sanction of Ihe Company's charge embodied in the Constitution Bill, which we fear may have passed before they could arrive, — yet in preparing the way for future and speedy action on our behalf. Meanwhile >ye should be vigilant in our own cause, and prepared to embrace the first and every opportunity to forward our representations and protests to England. The matter is 100 vital to the best interests of the Province to be suffered to rest until it is equitably and finally adjusted.