New Zealand Colonist. TUESDAY, MARCH 7, 1843.

New Zealand Colonist and Port Nicholson Advertiser, Volume I, Issue 63, 7 March 1843, Page 2

New Zealand Colonist. TUESDAY, MARCH 7, 1843.

We omitted in our last number to refer to one article in the Gazette of Wednesday, on the subject of the Jury Law, and we now only revert to the subject to correct a strange error into which our contemporary has fallen.

In some observations which we made in a recent number upon this subject, we stated that some provisional measures might have been adopted, that titles might have been registered conditionally, and that thus the requisite machinery to work the new Act might have been provided. Hereupon our contemporary, imagining that he has detected a blunder on our part, which might be set off against his own sugges-. tion to give to a proclamation the force of law, waxes witty on the subject, and attempts to prove that we are not an iota wiser than he is. With submission, however, to our contemporary, there is a little difference still between our suggestions, inasmuch as we proposed that which is within the scope of the functions of 1 the governor, while that which he proposed is not. The governor.may make.freeholders, but he cannot make laws. It is his office to do the, former by grants from the croton—hut it is the office of the Council, of which he is only a" member, to do the latter: nor will the precedents quoted by our contemporary, in the smallest degree help his case, for this single reason, that the Governor is Governor, and not King. Our proposal, therefore, was only that the Governor should give conditional grants — which should be registered, and the holders of which having conditional estates of freehold would be qualified and liable to serve on Juries.

It is amusing to read our contemporary’s eulogy upon easy creeds. Doubtless he has found the same advantage in an easy political creed as in an easy glove, and for the same reason, that it can be slipped off and on at

pleasure.:' ; 7 ( "'We; belong to-. an old - fashioned school, who think that.a. person Ts more respectable, and also rather more trustworthy, when his opinions do not fit him quite so easily. We suspect that our style must be peculiarly obscure, or that our contemporary of the Gazette must be- very stupid, at any rate he falls into strange blunders as to our meaning, Vfith. regard, for instance, to the acknowledged evil of the desertion of sailors from their vessels, he appears to imagine that we wished to conceal, its.existence; while on the contrary, we suggested that the merchants of the place should bring the matter under the notice of the Government, in the shape of a forcible statement of the: extent and effects of the practice, and of a. suggestion of some law which would be adequate to its prevention. This is as far removed from, any wish or recommendation of secrecy as can well ; be conceived. ;.. . . What we* blamed was, —not that public; attention was called to the evil, but—that it was represented as something peculiar to New Zealand ; when in truth it is equally prevalent in all colonial ports, and in; some is carried to an extent infinitely beyond anything that we have experienced. Oiir maxiin—and our practice, too, always has been, to conceal nothing when exposure may lead.to cure.. But we that account, concur in a representation that there are peculiar evils belonging to this port, when we know tiie statement to be false in fact, as well as injurious in its probable operation.

We are pleased to learn that there is a probability of a speedy settlement of the native question in this place, upon terms just to the natives, and satisfactory to the settlers. The inconvenience of any protracted discussion might have made itself perceptible in more ways than one, and -though we should never have doubted of the result, others . more timid or less sanguine might' have been [checked in contemplated improvements from the apparent uncertainty of their title. The -prospect of a prompt and amicable adjustment of this, question is therefore a matter of congratulation. That in makinga-purchase from the natives of New Zealand, of an extensive tract of country, many mistakes should have been made, and many valid, and important claims be left unsatisfied; was perhaps inevitable. We do not therefore impute' any. blame to Colonel Wakefield, that in his purchase of Port Nicholson he should have failed to acquire a perfect title to a large proportion of the land, and should have acquired no title at all to part. Probably, if all the circumstances of the case were known, he is rather entitled to praise for what he accomplished, than liable to censure for what he left undone. But we cannot acquit him of two grave subsequent errors. The first is, that he should not have applied himself at once to satisfy all unsatisfied claims; and the second, that he did not take some precautions to have the native reserves so . selected as .to satisfy all the reasonable, demands of the natives for ground which they might cultivate for their subsistence. Wd know that it may be said, with regard to the fqrmer, that there would have been no security against fresh claims starting up 00 the arrival of the Commissioner. But we think, if conjoined with the latter, no danger of this sort needed to have been anticipated. In the4nstaneemf the natives of Petohi, whose pahs and cultivations have been reserved to them, no atteipjpt has been made to deny or evade the bargain,/.which they made. We may, therefore, not unfairly assume that similar conduct to the ’othel tr-ibes would have produced a like return frona ,them. •i•I.. , , ‘ ,

We see no reason to apprehend any greater difficulties in th6< settlement of .other disputed claims between the Company and the natives. Or, at least, whatever difficulties may arise, will have only one origin—the inadequacy, or inappropriateness of the reserves which have been made for the natives. At Porirua, and at Wanganui we imagine that some questions will arise out of this circumstance, but if treated, as from the example of Port Nicholson we trust will be the case, with a desire to combine justice to the natives with as close an adherence as possible from the existing arrangements, we believe, that an equally satisfactory, arrange-

ment will be - the- result. In Wanganui t-h„ pahs have, we believe/'been excluded from the surveys in all cases, so that this source of contest will be altogether avoided. And before Mr. Spain leaves this place for Auckland, we trust to see every cause of discord between the natives and the settlers, arising out of the disputes as to land, completely settled.

The inhabitants of Wellington were surprised on Saturday and Sunday evenings last, by the appearance of a splendid comet in the southwest of Port Nicholson. As it set at an early hour in the evening we had no opportunity of seeing it entire. In a few evenings, we have no doubt, it will be seen to much more advantage, when we shall be enabled to give a fuller account of the “Taifof the Comet.” - . nj

We are desired ton intimate that Mr, . Hanlon will his thifd and last lecture op the “ Principles of Colonization,” this evening,' at half-past 7, embracing, among other topics : “ The Practical Effects of the Wakefield System, so far as it has been tried—South Australia—New Zealand —inadequacy of that system by itself to provide for the Establishment of a Colony—General Remarks.”