To the Editor of the "New Zealand Spectator and Cook's Straits Guardian."

New Zealand Spectator and Cook's Strait Guardian, Volume I, Issue 1, 12 October 1844, Page 3

To the Editor of the "New Zealand Spectator and Cook's Straits Guardian."

Barrett's Hotel, Wellington, October 8, 1844. Sir, — You will oblige me by inserting in your first number the enclosed correspondence between Mr. Fox, the New Zealand Company's Resident Agent at Nelson, and myself. In consequence of an article which appeared some time since in the Wellington Spectator, reflecting upon the manner in which I had performed my duties as Commissioner of Land Claims, and subsequently of a letter from Mr. Fox, inserted in the same paper, in which he avowed himself the author of the article in question, and reiterated the opinion of my conduct which he had before expressed in it. I was under the necessity of app^ing to the Supreme Court, at Wellington, for a criminal information against Mr. Fox, upon which the Court lately granted a rule Nvti. A friend of Mr. Fox's having called on me at Nelson and stated that gentleman's wish to make the amende honorable, I immediately consented to be satisfied with such an explanation as His Honor Mr. Justice Chapman should say I might, as a public officer and a gentleman, accept; having in the proceedings I had commenced been solely actuated by a desire to vindicate my honor in both those characters; and which I considered had been unjustly aspersed. The subjoined letters were the result of this mediation. His Honor Mr. Chapman was only induced to interfere on this occasion upon the positive assurance that no further legal proceedings should be adopted, which could by any possibility come before him as a Judge ; and His Honor has kindly allowed his name to be used as having approved of the manner in which the matter has been arranged. I am, Sir, Your obedient servant, WILLIAM SPAIN.

(Copy.) Nelson, 2nd October, 1844. My dear Sir,— -The article in the Wellington Gazette of which you have complained, was written during the strong excitement which naturally pervaded the settlements in Cook's Straits, immediately after the Wairau Massacre, and when, peihaps, political combatants were not so considerate in the use of their weapons as they might have been. In justice to myself, I am bound to state that the article in question expressed my opinions at the time : but it is with much more pleasure that I now state that the course of proceeding adopted by you in this, the Nelson district, has been so expeditious and satisfactory, as to make me believe I then wrote under an erroneous impression. With this assurance, I hope to have the pleasure of shaking hands with you before you leave Nelson. If this explanation is satisfactory to you, I shall forward a copy to my solicitor, in order that he may communicate it to your professional advisets ; and you are at liberty to make any use of this letter you please. I remain, my dear Sir, Your's very truly, (Signed) WILLIAM FOX. W. Spain, Esq., &c, &c.

(Copy.) Nelson, 3rd October, 1844. My dear Sib, — I am in possession of your favor of yesterday's date, and in reply I beg to state that I receive with pleasure your apology for the article in the Wellington Gazette, which compelled mfi*to apply for the protection of the Supreme Court; but as my only object was to vindicate my charactei and honor as a public officer and a gentleman, both of which I considered had been unjustly assailed in the article referred to ; and as you now admit that you wrote it under an erroneous impression, it is far more satisfactory to me to shake you by the hand, than to pursue the legal proceedings I had commenced : as I have never been actjua-

ted by any vindictive feeling in taking such a course. If therefore you will instruct your counsel, in shewing cau3e against the Rule, to read the apology in Court, I will direct mine to consent to tjie Rule being discharged ; and I shall be happy to meet you before I sail to day from ihis place. I remain, my dear Sir, Your's very truly, (Signed) WILLIAM SPAIN. W. Fox, Esq.