New Zealand Colonist. TUESDAY, MARCH 21, 1843.

New Zealand Colonist and Port Nicholson Advertiser, Volume I, Issue 67, 21 March 1843, Page 2

New Zealand Colonist. TUESDAY, MARCH 21, 1843.

There is an article in th<i Nelson Examiner with regard to the present state of the native question, which was quoted in the Gazette of Saturday, and to which we now advert, because, with some sound and just views, it takes nevertheless an erroneous view of the subject. The suggestions which it contains are well worthy of attention, and coincide in a great degree with what we have already proposed. And we have no doubt, that, in the highly improbable event of an absolute incompatibility between the terms demanded by the natives, and those which the Agent of the Company could reasonably give, they would be acted upon by Government.

When, however, our contemporary argued that a denial by the natives of their having sold particular portions of land, strikes at the root of the reserves for the natives; he is not aware that the lands out of which the reserves are made, and the reserves themselves; the whole, as well as the part; would upon any rigid, but therefore impracticable assertion of their claim, revert to the natives. He writes as though he supposed the pah at Te-Aro was the only point in dispute, while in fact, if the denial of the Te-Aro natives can be supported, the whole of the Te-Aro flat and the Ohiro district,as well as the sections to the south of the town, are equally involved. To abolish the reserves for the natives, if this was given up, would be a bootless task, for the reserves consist only of a portion of this ground, the entire of which would revert to them. There is, consequently, on neither side the power of standing upon any legal position, and attempting, from that vantage ground to dictate laws to the opponent. Each must proceed by way of compromise, and in this manner it cannot be long before a just settlement is obtained.

For, it is obvious on the one hand, that to allow the natives to claim the land which has been cleared and improved by the Europeans, and the value of which has been augmented incalculably by the establishment of this Colony, would be to push a maxim of law, of doubtful j ustice at the best, to the very extreme of injustice. And, on the other hand, to make the mere occupation of land which the original proprietors never have sold, and never would sell, a plea for depriving them of all claim to compensation, would be an abuse of our power unsanctioned by law, and pregnant with wrong. Both parties, therefore, must recede from the extreme points which they might occupy, and meet upon some middle ground, where an agreement may be readily made. This, we believe, has been done in Port Nicholson; and we never have doubted, and see no reason now to doubt but that it may be accomplished with equal facility in all other parts. If, however, this should prove impracticable, then the Colonists have a right to invoke the aid of the Legislature. There can no reason be assigned why the founding of a Colony may not be just as valid a ground for claiming the protection and assistance of the Government, as the construction of a railway, or the building of a bridge. And if, without exciting any complaint of injustice, parties are compelled to part with their land without their own consent, but for a reasonable compensation, for the latter purposes, we can conceive no adequate ground why they should not be subjected to the like compulsion in the former case. Of course, land in actual occupation, or really requisite for their immediate prospective demands, must be reserved for the natives ; but this is the only exception which either policy or justice requires. And even with regard to the land they actually occupy, little difficulty will be found in persuading them to change, if another equally eligible site were pointed out. We have been told, in fact, that this is now the case with regard to the Te Aro pah, and that, in all probability, if another site, equally convenient in respect of fresh water, and with a suitable place for the purpose of hauling up their canoes, were pointed out, the Natives might very shortly be persuaded to abandon that pah.

We have just learned that a murder has been committed at Tiakiwai,* by a native of the name of Kai karoro. It appears that the murderered man, whose name was E wanga, had, about four months since, taken away the wife of Kai karoro, and had,.since that time, kept out of the way, and concealed himself so thoroughly that the husband, though constantly on the look out, had never been, able to meet with him. The long-desired meeting took place yesterday' and the injured man. after upbraiding the adulterer, went into a hut from which he returned with a loaded gun, and immediately shot him. He then took to flight, and is as yet undiscovered. It will probably raise a serious question if Kai karoro should be taken, to what extent he is liable to conviction as a murderer. The customs of the New Zealanders allow the infliction of death by the husband under such circumstances; and to punish a man for murder in respect of an act which, under the law of his race, would be nothing more than justifiable homicide, would be at least of questionable policy. We must wait, however, until we obtain more precise information,before pronouncing a positive opinion on the subject.

* For the information of our friends at home, we may mention that Tiakiwai is a. small pah on the beach at Port Nicholson. , .-o —— Mr. Alfred Hort, who has just come from Taranaki, brings word that intelligence had been received there, by a Maori from Rangatoto, of the arrival of the Phoebe at Nelson. Perhaps the Shepherdess, which may be daily expected, will bring the Mail and Papers on here. o The Elizabeth, French whaler, was off the heads at 10 o’clock on the morning of Friday last, for the purpose of landing Mr. Tegg, from Akaroa. The Le Rhine, French Man-of-war of 22 guns, two French and two American whalers, were at Akaroa when the Elizaceth left. She left Hobart Town on the 22 February, and caught one whale (110 barrels) to the southward, and not in the Straits as reported by the Gazette. She is seven months out from Havre, and has 700 barrels. We understand that the French are very active at Akaroa, and have already made considerable advances. A number of men (100) are sent on shore daily by the Captain of the Le Rhine to the Government Farm, and other public works. o Her Majesty’s Colonial Land and Emigration Commissioners have advertised for vessels of 400 tons and upwards A. 1., for the conveyance of passengers to Auckland, to sail on the 18th October, and to call at Plymouth if required. They also advertise for Agencies in the Counties of Oxon, Bucks, Berks, Bedford, Herts, Hants, Cambridge, Suffolk, and Norfolk, for the selection of emigrants for a free passage to the Australian Colonies and New Zealand.

From the Auckland Times, we find that a sale of land took place on Thursday, 23 February, to the amount of 600/. The Editor states, that “ the buyers paid much more than they ought to have done for it,” and complains of a renewal of the sale after each lot had been put up and had passed the hammer, by which proceeding five lots were knocked down to the individuals aware of the circumstance at the upset price of 21s. an acre, making a difference of 20 to 50 per cent, between that and the original sale. o The commemoration of the anniversary of a British colony took place in Auckland on Monday, the 30th January, when many of the sports peculiar to England and Englishmen were indulged in. Among the foremost may be mentioned the sailing and rowing matches, which created very great interest. The former was won easily by the Industry , a small boat belonging to the fishermen. This is the second year they have carried off the prize to the general satisfaction. The gig race between the Nautila, the property of Felton Mathew, Esq., and Psyche, Gapt. Heale, was won by the former, after well contested for. A race between the Pilot’s whale boat and Mr. William’s, pulled by Natives, was won by the latter, owing to the very skilful management of the coxswain of the boat pulled by the Maories, in rounding the Countess of Wilton. A ball concluded the sports of the day, which passed off to the gratification and enjoyment of all. o *