PUBLIC MEETING.

New Zealand Spectator and Cook's Strait Guardian, Volume II, Issue 105, 1 August 1846, Page 3

PUBLIC MEETING.

A Public Meeting of the Owners of Land Orders was held at Barrett's Hotel on Wednesday night, according to the notice given in the Spectator, which was attended by nearly every Owner of Land Orders in Wellington. It was moved by Mr. Hickson, and seconded by Mr. Stokes, that Mr. St. Hill do take the chair. The Chairman briefly explained the objects of the meeting, which was called for the purpose of considering their present position with respect to the New Zealand Company. The resolutions which would be moved and the observations of those who would address them that evening, would enable them to decide on the course which it would be necessary for them to pursue in urging their claims on the Company. Dr. Featherston, after reminding the meeting that he had at a similar meeting, held nearly two years ago, urged upon them the expediency of asserting their claims upon the New Zealand Company — that he had then submitted a plan to them, but that although a considerable discussion ensued, and most parties were favourable to it, yet the meeting had broken up without coming to any decision, partly from a feeling entertained by many that it was scarcely fair to press upon the Company when they were in difficulties, but chiefly from Captain Fitzroy's black map scheme having been brought upon the tapis, against which a strong feeling was manifested, said he had ever regretted that the Land Purchasers had not then mad?- their demands upon the Company, ss he was satisfied that had their claims been laid before the Company previous to their bringing their case before Parliament, motives of self-interest would have compelled the Company to have acceded to them. One advantage, however, had been gained by the delay — they were better able to form an opinion cf the light in which their claims were viewed by the Company, and of their intentions towards them. As a cordial co-opera-tion on the part of the Landowners (so essential to the success of the object they had iv view) could only now be expected, by all being convinced that there was no hope of redress from the Company, unless they themselves urged their claims, he (Dr. F.) should have felt it his duty to have referred to many circumstances in the history of the Com par y, all tending to prove their disregard of the interests of the Purchasers of their land, had not the recent proceedings of the Directors been of so decided a character as to have relieved him from the necessity of alluding to all previous events. When they remembered the strong protestations made by the Directors, that in bringing the affairs of the Colony before Parliament, one of their chief objects was to extricate the settlers from the embarrassing position in which through means of the Company theyhad been placed — to obtain from them quiet, and peaceable possession of their lands — to secure for them a good and constitutional government — they had a right to expect that no arrangement ever would have been made with the Government, in which their interests were not most studiously secured — and yet what did they find in that arrangement ?—? — Why, not a single stipulation in their favour — not the slightest acknowledgment of their claims upon the Company ; the Company had grasped everything for themselves, and after having by means of the settlers obtained great advantages, had thrown them completely overboard. Again, when Dr. Evans, on their behalf, applied for compensation for the losses incurred by them from the inability of the Company to fulfil their contract, the Directors not only denied their liability, but coolly referred him to the Government. The Directors had received their (the settlers') money, for goods to be delivered on their arrival in the Colony — had been paid a handsome commission of 25 per cent.— and yet, when at the end of six years, they (the Purchasers) complained that the goods had never been delivered, and claimed compensation, the Directors (who might be regarded as their brokers) denied the justice of the claim, and referred them to a third party (the Government) with whom they had never had any dealings whatever. Dr. F. then alluded lo the regulations recently issued by the Directors, for upsetting the scheme upon which Nelson was founded, and for depriving the settlers of a great portion of their land. If to the proof afforded by these proceedings, that the Company had all along been actuated by motives of self-inte-rest, they added that the Company had already bought a large and valuable block of land for settlers who at present had no exis-

tence — that they threatened to appropriate a still more valuable district (the Wairarapa), which belonged justly to this settlement, to the formation of another settlement, and that no attempts were being made to obtain possession of the districts (as Otaki, Waikanae, &c.) in which many had chasen their land, he thought the conviction in the minds of all must be irresistible, that any further forbearance on the part of the purchasers in asserting by every means in their power their just claims npon the Company, would be tantamount to abandoning them. Dr. F. proceeded to state the nature of the claims which the Purchasers in this settlement had upon the Company. While admitting the justice of their claim for compensation (a claim which the Directors, in claiming compensation for themselves from the Government, had virtually admitted to be a just one), Dr. F. said, that judging from the past conduct of the Directors, he saw so little chance of obtaining it, that he was more disposed to urge the r insisting- upon the Company fulfilling the , conditions upon which they sold the land — iustead of asking for that to which they were in equity entitled, he would advise them to insist upon that to which he conceived they had a legal claim. First, then, the Company had promised to give them the most fertile, available, and valuable land in their territories — this condition had not been fulfilled. Dr. F., after referring to the Report recently made upon the amount of available land in the Native Reserves, said it was fair to presume that the settlers had not obtained a greater proportion of available land in the land they had selected, so that one-half of the land selected might be stated to be utterly worthless — they had reason to complain also', that the land surveyed (not more than 200,000 acres) had been extremely limited — so that the holders of late orders of choice had virtually no power of selection, but were compelled to select whatever was offered, no matter how valueless, or take none — that the best districts had never been thrown open at all, but were retained, it would now appear, for the purpose of new settlements. He would therefore suggest that they should protest against the Company appropriating these districts (the Wairarapa, Manawatu, &c.) to new settlements, until they had been thrown open to selection by the settlers here. The next condition which they had a right to call upon the Company to fulfil was that in which they pledged themselves that of the monies secured for land, 25 per cent, only, should be retained by the Directors as their commission, and 75 per ceut. expended for the exclusive benefit of the Purchasers — but how stood the case? Of the first £100,000 paid by the Purchasers, the Company had taken £25,000 as their commission ; for this £25,000, they had received from Government 100,000 acres ; to this land the Company were fairly entitled — the other £75,000 had been expended in emigration. Now, if the Company had never received anything in return for the £75,000 so expended, the condition would have been fulfilled, and the purchasers would have had no reason to complain ; — but they have received for this £75,000 300,000 acres, of which only 100,000 acres have been given or professed to be given to the Purchasers, the Company retaining the other 200,000 acres — to this 200,000 acres the Company have not a shadow of a claim — it belongs justly, according to the terms of purchase, to the purchasers, for whose exclusive benefit the Company had agreed to expend the £75,000. To state the case perhaps more clearly. — The Company had for the £100,000 paid by the first Pui chasers, roceived 400,000 acres of land — of which they had given to the Purchasers 100,000, and kept 300,000 for themselves. Now he (Dr. F.) put it to this meeting; whether this was fulfilling the condition referred to — had not the Company on the contrary reversed the figures, and expended only 25 per cent, for the exclusive benefit of the purchasers, while they had reserved 75 per cent, as their commission ? This might have been a mistake on the part of the Company, but it was one which the Purchasers had a right to call upon them to rectify. Dr. F. then moved That the Purchasers of Land in the New Zealand Company's First and Principal Settlement have hitherto refrained from pressing their claims upon the Company, in the full confidence and expectation, that the Directors, as soon as they were relieved from the difficulties in which they have been placed, would have adopted immediate measures for fulfilling the engagements entered into with the Purchasers of Land, and would have compensated them for the loss they have incurred from the inability of the New Zealand Company to complete the contract made seven years ago with such Purchasers. Mr. Clifford in seconding the resolution said, it had been remarked that the settlers were never content unless they were finding fault either with the Government or the Company. He was told that this was not the time for attacking the Company, but they (the settlers) had just claims on them for compensation, and he thought that this was the proper time to urge their claims. The Governor was now. actively engaged in settling the claims of

the Company. In twelve months the Land Claims would be settled, and the Company would be put in possession of their lands, and if the settlers were not to urge their claims now, other arrangements would be made by the Company, the lands would be sold to other purchasers, they would be told they were too late, that ' they should have applied before. They had got their landorders but not their lands ; they could not get roads, without which the land would be useless. Mr. C, after alluding to the struggles of the early colonists and the difficulties they had encountered, said it was only fair that the settlers who had contributed so much to the success of the colony by their exertions should receive compensation for the losses they had sustained, and unless they urged their claim now, the Company would pass them over and leave the early settlers with only their bits of parchment to show for the money they had paid. — Carried unan. Mr. Hort in moving the second resolution said, that when he came to this colony before the first settlement was firmly established, he found that a third settlement was in agitation by the New Zealand Company. He considered (and he had written long ago fully on the subject to his relation Sir L. Goldsmid) that it was a most injudicious proceeding on the part of the Company before the first settlement was established on a firm basis to attempt to found other settlements, and that by neglecting to pour into this settlement an overwhelming population so as to outnumber the natives of the district, they had prevented the progress of the colony and placed us in our present embarrassing position. It was very necessary that the settlers should take the present opportunity of pressing their claims as if they did not act for themselves, if they did not fight their own battles, they would find that they would be passed over. That the Purchasers of Land, seeing the disregard of their interests evinced by the Directors, in the arrangement recently made with her Majesty's Government (in which there is not a single stipulation in favour of the settlers), seeing also, with equal surprise and regret, that the Directors, in their reply to Dr. Evans' application on their behalf for compensation, distinctly repudiate their liability to make any such compensation, feel that the time is arrived when it is incumbent upon them to call upon the Directors of the New Zealand Company to fulfil Ihe conditions upon which the settlers purchased their land. Seconded by Mr. E. Catchpool and carried unanimously. Mr. Wade had great pleasure in moving the third resolution, and fully concurred in all that had been said by the previous speakers. The New Zealand Company had broken their contract with the settlers. They had offered almost every part of New Zealand to their original purchasers, they had offered to them the right of selection over a very large tract of country, but from the nature of the country to which their choice had been subsequently restricted, many had never seen and never would see the land they called their own. There were the fertile districts at Wairarapa, at Waikanae, Otaki, and the right bank of the Manawatu ; why were not these districts thrown open to their choice ? Profit and not the interest of the settlers appeared to be the object of the Company, and their interests would continue to be neglected unless they took this oppoitunity of asserting them. That although one of the terms of purchase was, that the Purchasers should have power to select the most fertile and available laud in the territories of the Company, yet the quantity of land thrown open for selection has been not only extremely limited, but the most fertile and available districts in this settlement (as for example the Wairarapa, and the right bank of jthe Manawatu) have been kept back for the purpose (now openly avowed) of forming new settlements, and that the Purchasers have in consequence been compelled to select land, the greater portion of which is utterly unavailable and worthless. Seconded by Mr. Noithwood an! carried unanimously. Mr. Hickson in moving the next resolution said, that after the able and very extended statements made by Dr. Featherston and the other gentlemen who had preceeded him, little remained for him to add, and he would tl erefore ouly . detain them a few minutes while making one or two observations. It was a fact pretty generally known, that the New Zealand Company sold in London and received payment for about 100,000 acres of land before they had even heard of the arrival in New Zealand of the Tory (which had been despatched with their Agent to purchase land), and knowing as they well did that they did not possess, neither did they know that they ever would possess, one acre of land in the intended new settlement. The consequence of this was, that the deluded people who had purchased land from the Company on the faith of their obtaining possession of it immediately on their arrival out, found to their great disgust that there was no land for them. And what does the Company say in reply to the bitter complaints of the purchasers on this ' subject ? Why forsooth, that the Government have stepped in and prevented the fulfilment of their contracts, as if the .land purchasers have anything to do with a third party.

Their just claim for compensation is against the Company and the Company only, who have dishonourably endeavoured to evade their unquestionable liability. To make this matter still clearer he would treat it as a plain matter of fact business transaction. * r< Suppose a person were to buy fronV hija^bn, his (Mr. H's) representation, a quantity of goods which he should pay for at once, and that on his requiring their delivery he (Mr. H.) were to say to him " Oh a third party has prevented my fulfilling my contract and I cannot deliver you the goods you bought and paid for." Would that be any valid excuse, and should he not be bouud in honour N and equity to return the money so paid for goods which he could not deliver; and further should he not also be liable for any loss that the pnrchaser might sustain by the non-fulfilment of the contract? That this would be the case there could not be two opinions amongst honest men on the subject. These two were parallel cases. And yet, after waiting patiently for sir years, until they had got through all their difficulties with the Government, in reply to Dr. Evans' application on behalf of himself and others, the patriotic New Zealand Company insultingly repudiate the just claims upon them by the land Purchasers for compensation ! .. The entire proceedings of the Company in this matter and others relative to it he must say in plain language was dishonest and a near approach to swindling. Mr. 11. then moved the following resolution : That the Directors agreed with the Purchasers of Land to expend £75 out of every £100 for their exclusive benefit, retaining the remaining £25 for their Commission ; that the Company have been awarded" by Government for every £75 (so agreed to be expended for the exclusive ! benefit of the Purchasers) 300 acres of land, of which they have given 100 acres to the Purchasers, appropriating the other 200 acres to their own use, so that the Company have actually expended only 25 per cent, for the exclusive benefit of the Purchasers, and have reserved to themselves 75 per cent, as their Commission, Seconded by Dr. Dorset, and carried unanimously. Moved by Capt. Daniell, seconded by Major Baker, and carried unanimously : That inasmuch as the Directors have sought compensation from Government for the losses arising from the delay that has occurred in their obtaining possession of their lands, they have virtually admitted that compensation is due from themselves to those who purchased land from them. Mr. Re vans, in moving the following resolution said, there were three points connected with the present question which sho.uld never be lost sight of. Dr. Featherston had strongly alluded to two of these points, and but slightly to the third. The first was that land of tirst-rate quality should be offered to the first Purchasers for selection, and there was some understanding that 300,000 acres should be surveyed, out of which they should be at liberty to select, but no effort had been made to fulfil this condition. It was also understood that no other settlement should be attempted by the Company for three years after the formation of the First and Principal Settlement, but this agreement had not been complied with. The second point was the undoubted right which the Purchasers of land in this settlement had to' the 300,000 -acres which by Lord J. Russell's agreement had been granted to the Company in respect of the £75,000 which the Company had undertaken to expend for their benefit. The thir.il point was compensation for the losses they had sustained from the delays that had ensued in the settlement of the land claims, and the Company in claiming compensation for themselves on this ground admitted the claim to compensation by the settlers, who had suffered in a much greater degree. Mr. Revans then alluded to several other points at very considerable length, and concluded by moving the following resolution : — That a Memorial be addressed to the Directors, calling, upon them to fulfil the conditions referred to in the preceding resolutions, viz., Ist. That all the available districts in the neighbourhood of this settlement (as the Wairarapa, &c.) be purchased, surveyed, and thrown open for selection to the Purchasers of Land, who shall be at liberty to throw up the unavailable land they have been so unjustly compelled to select; and, 2ndly, That the land amounting to 253,600 acres awarded to the Company by the Government, in virtue of the money paid to, and agreed to be expended by the Company for the exclusive benefit of the purchasers, forming the First and Principal Settlement, be placed at their disposal. Seconded by Mr. Shand, and carried una--nimously. Moved by Mr. A. De Brandon, seconded by Mr. Moore, and carried unanimously — That a Committee, consisting of Mr. St. Hill, Dr. Featherston, Mr. Clifford, Capt, Daniell, and Mr. Crawford, be appointed to prepare the Memorial to the Directors— and that the same when prepared shall be submitted to the Purchasers of Land previous to its being sent. Mr. Wade then moved the thanks of the meeting to the Chairman for his able conduct in the chair ; after which three hearty cheers were given for his Excellency Captain CFrey, and three cheers for Captain Stanley and the blue jackets. The meeting then broke up.

Wellington Savings Bank. — Messrs. W. *S. Loxley, J. M'Beth, J. M'Carthy, and Colonel Wakefield, the Managers in rotation, will attend to receive deposits at Mr. Ross's office, from seven to eight o'clock on Saturday evening, the Ist August, and at the Union Bank of Australia, from twelve ts6 Q|6 o*cl6ck on Monday forenoon, the 3d AugustS t We are also requested to give notice that the monthly meeting of the Superintending Committee will take place at Barrett's Hotel, on Monday evening, the 23d instant, at 8 o'clock.