New Zealand Spectator AND COOK'S STRAITS GUARDIAN. Saturday, January 18, 1845.

New Zealand Spectator and Cook's Strait Guardian, Volume I, Issue 15, 18 January 1845, Page 2

New Zealand Spectator AND COOK'S STRAITS GUARDIAN. Saturday, January 18, 1845.

In the supplement to our last number, we published the resolutions of the Committee of the House of Commons, appointed to inquire into the state of the colony of New Zealand, and into the* proceedings of the New Zealand Company, which condemn in the strongest manner the conduct of the Government towards the Company's settlements. The report founded on these resolutions is equally clear, convincing, and decisive, and will we trust produce the most important results in our favour. "It is hardly possible to conceive " says the Morning Chronicle, •' a more thorough, clear, and ■well-reasoned condemnation both of the general policy of the Government, and of its treatment of individuals, than is here given under the sanction of Lord Howick's acknowledged integrity and complete acquaintance with colonial affairs, and of a decided majority of a Committee mainly composed of political partisans of the minis- \ ter whom they condemned." The Committee commence by laying down the general rule acted upon by Sir George Gipps, in framing his bill for the regulation of the infant Colony of New Zealand, a rule fully admitted and received as a political axiom, "that the uncivilized inhabitants of any country hava but a qualified dominion over it, or a right of occupancy only ; and that \ until they establish amongst themselves a j settled form of government and subjugate i the ground to their own uses by the cultivation of it, they cannot grant to individuals not of their own tribe any portion of it for the simple reason that they have not themselves any individual propertj in it." After stating the manner in which this principle should have been applied to the settlements of New" Zealand, and regretting that " Brit* ish dominion over these islands had not been asserted as early as 1832 or even 1825," they proceed to describe the first acts of Captain Hobson's career condemning the Treaty of Waitangi in the strongest terms, and observing that '•' it would have been much better if no formal treaty whatever had been made, since it is clear that the natives were incapable of comprehending the real force and meaning of such a transaction, and it therefore amounted to little more than a legal fiction, though it has already in practice proved a very inconvenient one, and is likely to be still more so hereafter." In speaking of the Charter granted to the New Zealand Company by the advice of Lord John Russell, and of the instructions under the royal sign manual transmitted at the came time to Captain Hobson, they state that "in this charter and instructions, actual occupation and enjoyment are . clearly pointed out as alone establishing a right of property in land in the natives, and the rule is laid down, that all other lands must be considered as vested in the crown in virtue of the sovereignty that has been assumed, and that they must be dealt with accordingly." They then observe — " This is the interpretation which, consistently with the ancient ahd acknowledged principles of colonial law as laid down by Sir George Gipps, and consistently also with the terms of the Charter of the Colony and of the Royal instructions to Abe Governor, ought to have been put upon the treaty ; had it been so, the most serious of the evils which. have since arisen would have been •voided. If native rights to the ownership of land hail only been admitted when arising from occupation, there would have been no difficulty in giving at once to the settlers secure and quiet possession of the land they required, and they would thus have been able to begin without delay and in earnest the wqrk of reclaiming and cultivating the unoccupied soil. The proceedings of the Commissioners appointed to inquire into the cjjdmsofland would also have been short and «irnp]e ;' they would have to inquire merely "'whether "lands actually occupied by natives hid. been fairly sold to the settlers by the occupants, and with respect to wild lands, whether Europeans claiming to have purceased them had done so at such a prict- , or had incurred such an expens? in respect of them, as to give to the supposed purchasers not a right to the lands (for .they could not derive a title from parties who did not them-

selves possess one), but a claim on the consideration of the Crown to have granted to them as an indulgence more or loss, according to circumstances, of the lands they had nominally purchased. With respect to the New Zealand Company, as the extent of land to which they were entitled had been already settled by a special agreement with the Government and the award of Mr. Pennington, they would at once have been put in possession of all that very large proportion of the land on which they proposed establishing settlements which was previously wild and unoccupied ; and the question to be determined by the Commissioners would have reduced itself to that of whether those inconsiderable portions of lands "actually occupied and enjoyed " by natives had been fairly sold by the occupants, — a question the decision of which, one way or the other, would have been comparatively unimportant. " To have proceeded in this manner, and to have assumed at once all unoccupied land to belong to the Crown as a rjght inherent in the sovereignty, would have been attended with no sort of injustice to the natives, and would have been conclusive to their real interests. The occupied land, previously to European settlement, was of no value to them, they were neither a pastoral people, nor one living, like the North American Indians, by the chase, and therefore requhing a great extent of country for their support ; they derived their chief subsistence irom the produce of the soil and agriculture, rude as it was, and according to the witnesses who irave been examined by your Committee, hardly a thousandth part of the available [ land was thus made us? of by them." These then are the unbiassed opinions of honorable men, after the most diligent inquiry, after the fullest investigation of the facts. This is the obvious interpretation of Lord John Russell's Agreement with the New Zealand Company, as admitted by his Lordship in his letter to Mr. Somes. How opposite the interpretation of their instructions by the Local Government, the depressed state of this settlement bears abundant testimony. They appear to have beea actuated solely by the idea that the Colonial Office was opposed to the southern settlements, and that it was their duty to injure them in every way, if possible to destroy them altogether. But it is ever the curse of those in power " To be attended By staves, that take t!n«ir humours for a warrant, And, on the winking 1 of authorif}', To understand a law; to know the meaning Of dangerous majesty, when, perchance, it frowns IVfore upon humour than advis'J respect.". But if we endured this treatment from Captain Hobson's and Mr. Shortland's Government, on the advent of Captain Fitzroy we all began to hope that a change was at hand, that the reign of injustice was not to be perpetuated, and that with a new Governor our prospects would brighten: that we should at least be permitted to occupy the waste lands we had purchased so many years previously, and on which it had been the constant care of the Local authorities to prevent us from settling. Vain chei - ished hopes I fond delusions which Capt. Fitzroy lost no time in dispelling. His language then ; — his conduct ever since has evinced a studious desire of exceeding his predecessors in their arbitrary abuse of authority, — to add gall to our bitterness, to increase the hopelessness of our despair. He appears to have adopted the language and sentiments of Rehoboam, who, when on his accession to power his oppressed subjects petitioned that he would ease somewhat the yoke his predecessors did put on them, replied — " My father made your yoke heavy, but I will add thereto, he chastised you with whips, but I will chastise you with scorpion?." The Committee decide that the New Zealand Company has a right to expect to be put in possession by the Government with the least possible delay of the number of acres awarded to it by Mr. Pennington. Hitherto though Crown grants have been issued to claimants at the north' to the extent of several hundred thousand acres, in which they have been maintained in j peaceable possession, the Company's settlers, after five years of harrassing anxiety, after having spent a million of money in establishing themselves in Port Nicholson, have not a Crown grant to a single acre of land. The Committee decide that the Company has this right as against the estate of the

Crown, without reference to the validity or otherwise of its supposed purchases form the natives. His Excellency when all other pretences for extorting money from tne Company have been tried, all other pretexts for delay have been resorted to, sets aside the Commissioner's award at Taranaki on a plea unheard of before, and while professing an especial regard for that settlement, only inferior to that which he entertains for Auckland, does all in his power to disorganise and destroy its The Committee decide that efforts should be made gradually to wean the natives from their ancient customs, and to induce them to adopt those of civilized life. His Excellency uses every effort to exalt barbarism over civilization, and to place the settler prostrate and helpless at the foot of the insatiate savage. Witness Wairau! into which affair his Excellency would not even permit an inquiry. Witness Hona Heki! — Witness Taranaki ! — and we burn with indignation while we write — witness Wanganui ! Do men gather grapes of thorns, or figs of thistles ? Can any sane person expect any other result from such an attempt ? We warn his Excellency solemnly, that he is raising a power he is unable to control ; a power that may soon plunge him and those who have the misfortune to live under his Government into sudden destruction. We warn his Excellency in his own words, thb.t a very heavy responsibility attaches to the author and adviser of such measures.

As any information relative to indigenous productions as articles of export must prove acceptable to our fellow Colonists, by permission of Messrs. J. Boulcott and Co,, we publish the following letter from the broker who was intrusted with the sale of the furniture woods »ent home by them per Glenarm :—: — "London, July 24, 1844. " Gentlemen, — We beg leave to hand you herewith, contract for the sale of the wood, per Glenarm, at our publiG auction of yesterday, the disposal of which, in the careful exercise of our discretion, we consider to have been judiciously made, at the piiccs quoted. You aie doubtless perfectly aware, that there invariably exists a prejudice against the intioduction of any new pioduce, and we know of no market where this feeling is more strongly developed than in the one for fancy woods. Our cabinet manufactuiers regard with suspicion any artiple, of the supply of which we can furnish no definite' data, and therefore there will be (until we are better prepared to answer every enquiry) some difficulty in bringing it into consumption from the distaste the consumers have to obtain its adoption, in the shape of furniture, and then to discover that it can no longer be obtained. "Of the woods imported per Glenarm, we make two classes — the totara we place by itself, the residue we amalgamate. Of the amalgamation there can be said but little- — there is not much demand for anything in our market that cannot be reduced to length, breadth, and depth> and therefore we should say that, as a whole, the importation is not entitled to that consideration which we certainly do think may very safely he given to the totara wood. Of this description we would recommend, as a beginning, the shipment of a parcel of about 50 logs, not in thin plank, as in the case per Glenarm; the length should not be less than 12 feet, and as wide and thick as possible. We think this plan will give the wood every chance, and if it should not turn out to be too strong in the grain (of which we have some fear), the figure and quality should bring it into general demand. We are, Gentlemen, Your obedient servants, Skeen and Leary, 75, Old Broad Street." Messrs. Boulcott & Co. We are also indebted to Colonel Wakefield for the following extract from a letter written by a Director of the New Zealand Company : — "The wool by the Indemnity has been most favourably received, and there can be no doubt that any quantity of the best of it would sell at the highest prices of Australian wool. "The ornamental woods brought by' the German Levin (whom we have set up as a cabinet-maker) take greatly; and an amply ■ paying price would be got for well selected quantities of the roots or knobs of Hinau (which we call marble wood) and totara, for ornamental purposes, and of the rimu for general purposes. The marble-wood is the

most popular for tables, piano fortes, &c M and hundreds of loads of it would now find a ready market. And the rirau is so much liked for general purposes, that there is no saying what quantity might be sold. The only difficulty about them all is, that we have only the small quantity brought by Levin (none of which he will sell to the trade), and a little by the Indemnity, which seems ta have been not we'l picked. Of the ornamental woods, those pieces are the most valuable from which broad planks can be cut. I think there can be no doubt that it is a safe expoot. * *' The flax i 3 still a problem, on account partly of the small quantity that arrives, which is not enough to interest the larger manufacturers, and partly on account of the indifferent condition of most of it. Good judges, however, assert that some (H. Petre's), wh'ch sold for £20 a ton", would have fetched £40 if it had been all useable. A good half of it becomes refuse upon dressing." It is to be expected that " the prejudice against the introduction of a new produce and the limited supply," should operate disadvantageously on the sale of the first specimens of wood sent to England *. as soon as the wood begins to be known and appreciated, and a constant supply is maintained, it will quickly rise in value and become a standard export. We would particularlydirect the attention of our readers who are engaged in collecting ornamental woods for exportation, to the suggestion of having the logs as wide and as thick as possible. The totara sent by the Glenarm was in twelve feet lengths, two feet wide, and four inches thick. They should also be careful not to send any infei ior specimens which are sure to prove a loss to them, and bring the woods into disrepute. The want of roads will be a great impediment to the collection of timber for exportation, and will greatly increase the cost of carriage where the timber is accessible. The district of the Upper Hutt abounds with the finest totara and other furniture woods, but if we could get rid of the natives and obtain possession of the district by " King Rauperaha's " permission, since the local authorities have referred the affair to him, we should be unable to turn these woods to account for want of roads. Capt. Fitzroy, with that original turn for le.gislation which is a distinguishing frait in his character, proposes in the next Legisla tive Session to improve on the Highland plan " had you seen these roads before they were made " and intends to repair our roads before they are made. If he would give us the power to make them first and repair them afterwards, it would be more to the purpose. While on the subject of exports, we may add that the flax which went home by the Indemnity, was not sufficiently dry before it was packed, and was not pressed tight enough. An old colonist, who was formerly engaged in the New Zealand flax trade, informs us that on its arrival in Sydney, the native dressed flax was hackled, and then made up in bales packed very tightly, and covered with a canvass wrapper, that the tow paid for the expence of hackling, and that the flax on its arrival in this state in England usually realized £40 per ton. This hint may be worth consideration. We have received no intelligence respecting the hinau and other barks.

We have received from a respectable settler at Wanganui, who has furnished^ »s wjth his name, a letter giving an account of the excesses committed in that settlement by a war party of natives from the interior. We make the following extract : On Thursday last, the long talked of war party, consisting of Waikato, Taupo, and Rotonui natives, and headed by Heu-hen, Potama or E Waka, Taunui, Herekiekie, Iwikau, &c, in numbers somewhat below two hundred, arrived in the town of Wanganui, and immediately took possession of the ground allotted for a Market place. Their object avowedly, is to fight Nga te Ruianui or Waitotara, they also threaten Mawai, but as they are deficient in point of numbers, are not likely to meddle with him ; they, however, talk very large, and threaten to remain here three months, during which time we may expect to lead any thing but an easy life. Herekiekie is the only chief among them who is really attached to the white people, he is always well behaved, and being connected wjth Putiki, the settlement of Mawai, is not likely to act against it or take any pasfcagainst the Europeans, His men number about

fifty. Among the others there are some great scoundrels, whose sole object in coming appears to be plunder. Soon after tbeir arrival, they were visited by the Rev. Mr. Taylor, who endeavoured to persuade Heu-heu to return quietly, but without producing any effect. In the argument which took place, the chief forcibly delivered the following remarks :—: — " I am come to take possession of my land. This is my land, it is mine and my brother Turoa's. I am come for payment for my people who were formerly killed here. You talk about other chiefs being here, who are they ? let me see them ! Mawai and his people are slaves, they are my slaves, and, before I go, I will eat some of them. You and all the white people are slaves. I and Turoa are kings here, and Rauperaha is king of the sea coast. You talk about your Queen, who is she ? is she strong ? she is a woman ! and what can a woman do ? What did she do to Heki when he cut down her flag ? That was the symbol of your country's greatness ! She was quiet and did nothing ! She is weak ! " Here Tauanui remarked — " and what did she do to Rauperaha when he murdered her white men at Wairau ? " " And " continued Heu-heu, " you, who come to talk to me are her slaves ! " On the first report of the arrival of the Taua, a requisition for a Public Meeting was addressed to the Police Magistrate. At the meeting it was proposed that some measures cf a defeasive nature should be adopted l>y the settlers, they having occasion to fear their property would be plundered. This was, however, not encouraged by the authorities, and every one was left to shift for himself. On the receipt of this intelligence, H.M.S. Hazard, having on board his Honor the Superintendent of the Southern District, immediately sailed for Wanganui, for the puipose of inquiring into and repressing these excesses, and of affording protection to the settlers. We refrain from giving further details, until the return of the Hazard, which may be expected shortly ; when we hope to be able to furnish our readers with a full account of the affair, and of the measures taken by the Government to prevent a repetition of similar outrages. We say nothing at present of the loss of property, the insecurity and danger of the situation of our fellow colonists, these are topics on which we could readily enlarge ; but besides our sympathy and concern for them, it is veiy humiliating and painful f or loyal subjects to find the British authority brought into such contempt by Capt. Fitzroy's proceedings. Since the affair at the Bay of Islands, these scenes are of more frequent occurrence throughout the colony. The natives appear to have lost all respect for the authority of the Government, its moral influence is gone ; they believe Capt. Fitzroy to be afraid of them, and they act accordingly. — Where is this to end 1

By the Finnetta, which arrived here on Wednesday, from New Plymouth, we learn that the Government brig had arrived at that settlement, and that the " Company's cranes " had been taken on board for the purpose of removing them to Auckland. The way in which he has suffered himself to be overreached by Capt. Fitzroy, in this affair, does not reflect much credit on Mr. Wicksteed's talent for diplomacy, but we hope that it will not be suffered to rest here, but tb,at Colonel Wakefield, as Principal Agent of the New Zealand Company will forward a strong protest against this shameful injustice to Auckland,'and" also to the Home Government. We suppose this abstraction of the Company's property is an original plan of Captain Fitzroy's "to assist the distressed settlers of Cook's Straits."

Valley of the Wairarapa. — Fourteen hundred sheep and a large herd of cattle, started on the road to this district on Monday and Tuesday.

Markets. — Extract from a letter by the Caledonia — " Oil, South Sea, is very dull here at present, the value being from £30 to £32. The importation from the United States appear to turn more upon sperm than whale. It is quoted at New York at about £59 10s. per tun. *^The variations in the value of black oil have been, during the last six months, from £29 to £32, its present rate ; but as olive oil is falling rapidfy in consequence of the accumulation of stock, black oil is likely to follow its downward course. Thus you must

not speculate on whale oil being higher than at present, but more likely to fall to £28 or £29. The quotation at New York is £24 10s. to £25, free on board. Duty £6 and 5 per cent. " Bone, South Sea, £260 per ton ; at New York, £200 per ton. Duty 20 per cent."