New Zealand Colonist. FRIDAY, FEBRUARY 10, 1843.

New Zealand Colonist and Port Nicholson Advertiser, Volume I, Issue 56, 10 February 1843, Page 2

New Zealand Colonist. FRIDAY, FEBRUARY 10, 1843.

There is at least one advantage which has resulted from the establishment of the Colonist, upon which we may venture to congratulate the Settlement; and that is, the peculiar tone of temperance which it has imparted to our contemporary of the Gazette. We have been -particularly struck with this in reference to the subject of the land claims. Everv one will remember the burst of violence with which the Commissioner of land claims, Mr.. Spain, was assailed when he commenced his investigation in this place, and the outcry against the Colonial Government for the mode in which the enquiry was carried on. At the present moment the proceedings of the court of claims

Lave been resumed in the same patient and impartial spirit in which they have been conducted from the commencement, without provoking a single word of disapprobation, or even of comment from our contemporary. For this, as well as for the unwonted forbearance of the whole of the political lucubrations of the Gazette, we really imagine that we may venture to take some credit. The examination of Mr. Barrett on Wednesday, and yesterday, was of the most important character, and from what we have heard of the general bearing of his testimony, we feel convinced that the Colony and the company have equal reason to congratulate themselves upon the friendly feeling of the Colonial Government, and its disposition to favor, by all just and reasonable methods, the claims of the Settlers to the land which has been allotted to them. And this is the strong point of the case. As between the Company and the Natives, there may be unsettled claims on the part of the latter, which 110 government, desirous of administering impartial justice to all its subjects, could venture to disregard. But as between the purchasers of land and the Natives, the former have at least equal right with the latter to the protection of the Government. They have fairly and honestly pui chased land, for the aggregate of which they have given certainly its full market value even at the present time. They purchased in the belief that a valid title to the land had been obtained by the Company, and that the Native claims were extinguished, except as to the Native reserves. And more than this, upon the faith of an agreement between the New Zealand Company and the English Government, which seemingly recognised and adopted the Company’s title, many of the Settlers have expended in the clearing and improvement of their land, in the erection of houses, and in the purchase of particular portions of land in advantageous situations, sums very far beyond the first cost of the land. The claim arising from these circumstances, is one which no government can justly, we might almost say, safely, disregard. These Settlers had no knowledge of any real or alleged imperfection in the original purchase—they have been guilty neither of error nor of negligence—they stand upon a basis of justice at least as sacred as that which the natives occupy —and their claims must now be protected. The claims of the natives may be compensated—those of the Settlers to whom we now allude, do not admit of compensation, they must be maintained. We have no doubt but that such will be the course of the Government; but, if there is any thing in the next examination which may seem to cast a doubt upon the title of the Company it will be well for the Settlers to urge their independent claims to protection and support.