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New Zealander, Volume 9, Issue 703, 8 January 1853, Page 2

As, wo apprehend, it admits of no question that a representation to Parliament from the elected members of the Provincial Council of New Ulster, earnestly selling forth the demonstrable injustice of charging on this Province any portion of the New Zealand Company’s pretended debt, would be likely to exert a powerfully beneficial influence, we learned with regret that the opportunity afforded by the sailing of the Moa was not taken advantage of for that purpose.. Wc did not indeed suppose that those gentlemen were apathetic on a subject of such vast importance to their constituents. On the contrary, we were aware that, as respects some of them at least, the motive fordclay was a desire to get up a more detailed and complete statement of the entire case than they thought could be prepared on the spur of the moment. Such a statement we are now gratified to say has been prepared, with a view to its adoption and signature by the members of the Provincial Council of this Province—-at least of those not interested in the Company’s Settlements,— and we have much pleasure in availing ourselves of the permission to publish the draft of it in our columns this morning. It bears in all its parts evidence of the full knowledge of the subject, and the painstaking care with which it has been written ; and it will, we have no doubt, command attention from its own intrinsic force, as will as from the position occupied by the Petitioners as chosen reprosen Inlives of the people. However we may wish that some brief, pithy, and forcible remonstrance, such as men conversant with the question could have produced almost current e ealamo , had been forwarded by the earliest opportunity, wc still anticipate much benefit from this even at the advanced period of the Session at which the Fancy is likely to arrive; particularly as the subject will have been brought before Parliament at its first meeting by the Petitions and letters forwarded from the Great Public Meeting of February last. Rad as the case was, however, when that movement took place, it is unquestionably worse now. The legislation of the last year has placed the Company in a more favourable position,—and, by consequence, placed the colonists in worse circumstances—-than they were before our much vaunted Constitution Act was passed. This is a point which the public should bo fully apprised of, as furnishing an additional incitement, if •any were necessary, to the employment of every lawful effort to shake off the burden. Let us glance for a moment at the alteration which itas been made in the Company’s lien on the lands of tiie country. On a former occasion (see New-Zealander Sept. 22) we entered at some length into an examination of the law under which wc were then placed, comparing the provisions of the “ New Zealand Act” of 1847, (which first enacted that the Company should have a claim on the lands of New Zealand for 208,570/. Jos.,) and the Royal Instructions of December 1840 and August 1830, with a view of showing that,—notwithstanding the unscrupulous subtlety with which the Company had striven to ensnare New Ulster in their meshes,—there really were means by which this Province might legally escape from the liability to pay any portion of their iniquitous claim. It will suffice for our present purpose to recall one of the points which we then urged. The Act of 1847 (10 and 11 Vic. c. 112, clause 20) declared that, on the winding up of the Company’s affairs and the reversion of their Lands to the Crown, there should be “charged upon and paid to the New Zealand Company out of all proceeds of the future sales of the Demesne Lands of the Crow v ii in New Zealand, after deducting the outlay for surveys and the proportion of such proceeds as is appropriated to the purposes of emigration , the sum of 208,570/. 155.” Now, the fact was that by the Royal Instructions, the whole of the net balance in this Province, after defraying the outlay for surveys, &c., was “appropriated to the purposes of emigration,” and the fund could have been so administered as to leave no residue for the Company. In Mr. Gladstone’s speech on the second reading of the Rill of last session, (which has come into our hands since the article referred to was published,) we find the opinion of the Law Officers of the Crown in England quoted as setting at rest any question as to the legality of this appropriation. The words of that opinion were,—

“In obedience to your Lordship's commands, wc have considered the case submitted to us,and have (he honour to report that we are or opinion that (regard being had to the Acts of Parliament, Agreement, and Land Instructions above referred to) no definite proportion of the proceeds of future sales of the demesne lands of (he Crown in New Zealand is to he regarded as appropriated to (lie purposes of emigration, and that the Crown has the power from time to time to fix and alter that proportion by instructions previously to the extinguishment of the debt of the Company .” So the matter stood until the Constitution Act of 1832 was passed. But, by this measure, the door of escape from the impost which was then open to ns, has been absolutely closed, and it is enacted that “in respect of all sales or other alienations of any waste Lands of the Crown in New Zealand,” (with some exceptions as to lands leased for pastoral purposes or reserved for public or charitable uses) “ one fourth part of the sum paid by the purchaser in respect of every such sale or alienation shall be paid to the New Zealanffimtalpany so long as the sum of 208,370/*®., with oh per cent, interest, or any part thereof, shall remain unpaid.” It is plain therefore that the Company has gained a great boon by the alteration. Before, there were three mortgages; the first was for surveys; the second for emigration,—and this was* as Mr. Gladstone expressed it, “elastic beyond description;” being “as much as the Crown might think fit to appropriate ;” —the third alone was for the Company, and it might have proved, as respects this Province, of little or no consideration. But now the Company hold the first mortgage, and—without reference to surveys, emigration, or any other claim, — are entitled to demand one fourth of the total amount realised by the Land Sales. Well might Sir James Graham say that the clause which enacted this, was “ a departure from the existing arrangement, and varied to a great degree from that arrangement in favour of the New Zealand Company I” The aggravation of the wrong which has thus been effected through the machinations of the Company and the influence of its Parliamentary friends, will have its effect in rendering still more energetic the determination of the people of lids Province to resist point by point, on the whole and in all its parts, an infliction which so signally combines indignity with injustice. When the case once gels to be rightly slated and understood at home, we believe we may safely reckon on a large amount of sympathy and assistance there. As one token of this, we find in a late number of the Australian and New Zealand Gaxettee some comments on the general question closed with the significant hint, lature of New Zealand recognises one penny of the claim, then self-government will have been conferred on the colonists before they knew how to use it.”