New Zealand Colonist. TUESDAY, DECEMBER 20, 1842.

New Zealand Colonist and Port Nicholson Advertiser, Volume I, Issue 41, 20 December 1842, Page 2

New Zealand Colonist. TUESDAY, DECEMBER 20, 1842.

Mr. Swainson has published what, for this Colony, may he termed a tolerably voluminous correspondence, on the subject of a portion of a section occupied by him having been taken possession of by the natives. Upon that correspondence some remarks have been made by the Gazette, and we propose to comment briefly upon the remarks and correspondence.

We do not now stop to ask those questions of Mr. Swainson which we might ask, such as, Where is the farm-liouse which it is alleged the natives have threatened to burn ? What were, the crops which they put in jeopardy by setting fire to the bush, &e. &c. ? Nor do we even inquire how it happens that, while generally, we may say uniformly, the existence of Maori clearings in a section is considered a great advantage, this Gentleman should be so peculiarly indignant at being spared the trouble and expense of clearing 90 acres : —because we are aware that every one may have his peculiar views upon this matter. We may, however, say, that we have heard more than one settler upon the Hutt express a wish that the Natives had selected his land, instead of that occupied by Mr. Swainson, and had cleared it in the .same manner. But the real questions in which the public are concerned, are, Whether the Police Magistrate has failed in his duty, by refusing to interfere in this matter ? and, Whether this refusal

warrants the inference,. as to the general insecurity of person and property, which Mr. Swainson directly, and the Gazette by implication, would draw from it. Upon both of these points we shall say a few words.

With regard to the former question, it is clear, from the statement of Mr. Swainson himself, that he has put the matter out of the jurisdiction of the Police Magistrate, by entering into an agreement with the Natives, under which they became tenants of the land in question, or parts of it, for a year. We do not pretend to judge between Mr. Swainson and

Mr. Murphy, us to the accounts which they respectively give of the manner in which this agreement was made ; hut that it was made, is admitted. If, then, there has been a breach of the agreement, the proper, and, in fact, the only appropriate tribunal to decide this question, and to give Mr. Swainson the protection and redress which he seeks, is the Supreme Court of the Colony. It may be a great hardship that there should not be one law for the Natives, and another law for the Settlers; so that conduct which, in the case of the latter, could only he made the subject of civil proceedings, might, in the case of the former, be treated criminally. But as the magistrates have to administer, not to frame the laws, they can hardly be blamed for confining themselves within the pale of their authority. Least of all can Mr. Swainson, who has voluntarily placed himself in this position, complain of its inevitable consequences.

We might, however, go farther than this, and state, that the Magistrates have not, at present, any authority to interfere to prevent the Natives from clearing any unoccupied land. Certainly any interference for this purpose could only be justified by some peculiarities in the individual case, and even then would be of doubtful validity. No doubt, if it had pleased the Home Government to confiscate all the lands in New Zealand, for the benefit of the Settlers ; to destroy all native rights ; and to declare that, under no circumstances, could the Maories be entitled to retain or to acquire land; the case might have been different. But here, again, the Natives and the Settlers are placed upon the same footing. No proceedings can be taken against the one, to which the other would not he equally liable, and both are alike entitled to the protection of the law. If a trespass is committed, the law has provided a remedy; and if this remedy be tardy or inadequate, the Magistrates are not in fault. The inconvenience which we thus experience, is very small practically, and it will probably be removed by the acting Governor when he visits this place. As to the second question—the alleged general insecurity of person and property —nothinghut the extreme of stupidity or dishonesty could have induced any one to draw the inference which has been drawn. The Magistrates decline to interfere to settle a disputed question of title, and to turn out those who are actually in possession:—therefore, says Mr. Swainson, every man’s garden or house “ may be seized by the Natives with perfect impunity.” Literally, however absurd it may appear when thus stated, such is the argument of that Gentleman. Avery short reflection, however, will, we are disposed to believe, shew him that the two cases rest upon altogether different grounds, and that the Magistrate might be bound to protect any one in the possession of his house or garden against any violence, even though he might not be authorised to aid the same person in attempts to dispossess others of land in their occupation, which they had cleared, and were prepared to cultivate.

There is one statement in the letter of Mr. Swainson of the truth of which we confess ourselves somewhat incredulous—we allude to the secret association among the Whites for the purpose of committing the most dreadful reprisals upon the Natives. This is the first time that we have heard of such an association, and we cannot bring ourselves to believe in its existence. We shall say nothing as to’the morality of such an association, if it exists, but we may be permitted to express a doubt as to its expediency. The Natives can hardly be expected to submit quietly to those “most dreadful reprisals,” and the first serious collision which takes place between the Settlers and the Natives, is the precurser of the ruin of this place. From that moment we can expect no fresh accession of population or of capital; we must confine ourselves almost within the limits of the Town ; and, for a time at least, abandon the cultivation upon which not only our prosperity, but our continued existence, depends. Of all the wild projects for escaping from an inconvenience or avenging an injury, this, in the circumstances of the Colony, would be the most insane. We have, however, too much confidence in the good feeling as well as the good sense of the population to attach any credence to this assertion.

That at the present time a few of the settlers are inconvenienced by the Native claims to land, is true. Upon whom should rest the blame of this inconvenience we do not now enquire. But' upon a balance of the advantages and disadvantages arising from the existence of the Natives here, no dispassionate enquirer can doubt that the former greatly preponderate. And we may state, without fear of contradiction, that hut for the aid derived from the Natives in the early days of this settlement, it could scarcely have overcome the difficulties by which its progress was impeded. Every day too, the cultivation of the Settlers is extended without the opposition of the Natives ; nor is there any reason to doubt hut that in a very short time the whole question of the titles to land, out of which these inconveniencies arise, will he satisfactorily and finally adjusted. We had intended to have said something as to the remarks of our contemporary, but upon looking over the article we' can find nothing in it worth notice.