AUCKLAND. [From the New Zealander.]

New Zealand Spectator and Cook's Strait Guardian, Volume III, Issue 128, 21 October 1846, Page 2

AUCKLAND. [From the New Zealander.]

His Excellency the Governor. — We learn with sincere regret that his Excellency has been suffering from indisposition during the past week. The cares and responibilities of the Government of a colony like New Zealand, are sufficiently onerous when 1 health and vigour are enjoyed by him who sustains them ; but when coupled with sickness, they must be a burden indeed . Governor Grey has endured much in the course of his life ; his travels in South Australia were accompanied with hardships and privations sufficient to enfeeble the most robust constitution : and for his sake we could wish, that the cares of his present office were- of a lighter complexion. His Excellency is, however, recovering,' and we trust that ,tbe ensuing summer will-perfectly re-establish his health. ' - * ?"..-<»»

H. M. S. " Racehorse." —On Monday evening, 21st Sept., this vessel was suddenly got under-weigh, and proceeded to the Bay of Islands. She sailed under sealed orders, which were not to he opened until her arrival at the Bay. As might be naturally expected, there are many opinions afloat respecting the cause of this sudden movement. Rumour says, that arms and ammunition have been landed from some vessel, and that the Race' horse was ordered off on that account. Another version states, that she Has gone toWangarei to enforce the restoration of the horses, stolen by the rebels at the commencement of the late insurrection. Knowing nothing definitely, of the real cause of her departure; we cannot express any opinion on the subject. Promptitude of action is the soul of good Government, but promptitude may merge into rashness ; however, as the Racehorse will be under the orders of Captain Graham, who it as wise as valiant, we do not apprehend any undertaking will be entered upon without due precaution. , . _._* r.

Pubtic Works, —Several larae^and sub-

stantial buildings have been erected, under the superintendence of George Graham, Esq., of the Engineer Department, which by the durability and neatness of their construction, add materially to tbe appearance of the settlement. A large bomb-proof magazine, 50ft. by 15 in the clear, with a wall 4ft. thick, built of stones procured from Mount Eden, many of which are solid and run through, faced, on both sides, has been erected by civilian mechanics, iv addition to the smaller ordnance store, for daily issue, which was completed some time ago. A stone hospital of two stories, with accommodation for 49 patients, and with necessary offices, has also been erected by the men of the 58th regt., in a manner highly creditable to their industry and skill ; the estimated expense of this building is £1300. Very commodious officers' quarters are nearly completed at Point Britomart ; this building is also of stone, and cost £500. Government has .also, issued directions for the construction of six temporary wooden barracks, etch 50ft. long, 22ft. wide, and 10ft. high, to contain about 30 men each, which are now in course of erection.

Legislative Council. — The Council is convened for Monday next, tiie sth instant at 2p. m., to meet in the house lately occupied by the Belgian Consul, which has been specially fitted up for the purpose. The following measures will be. submitted to the Council: — 1. — A Bill to provide for the Establishment and maintenance of a Constabulary Force. 2. — A Bill to amend"an Ordinance for appointing a Board of Trustees for the management of Property to be set apart for the Education and advancement of the Native Race." 3. — A Bill to confirm certain Rules, Forms, and Tables of Fees, touching the Practice of the Supreme Court. 4. — A Bill for the naturalization of certain Persons in the Colony of New Zealand. 5— A Bill to amend "An Ordinance for Establishing a Supreme Court. - 6. — A Bill to regulate the appointment of the Duties of Sheriff in the Colony of New Zealand. 7. — A Bill to provide for the support of destitute Families and Illegitimate Children. In addition to those enumerated, we believe -that a Weight and Measures Bill, and a new Police Magistrates Ordinance will be brought forward. ' r Wt understand that it is the intention of his Excellency to introduce some alterations in the mode of conducting the business of the Council. Instead of every Bill being introduced by the Governor, each Member is to be entrusted with the introduction of such bills as he can advocate conformably with his principles. One advantage of the plan will be, that the Members will have a better opportunity of acquainting themselves with the feelings of the public respecting the measure they have taken into their charge, than under the old system, and the public will have every facility of access to the Membtrs in charge of bills, for the purpose of canvassing their respective merits.

W A Meeting was held on Thursday last, at Wood's Hotel, for the purpose of receiving the .Gore; nor's reply to the Memorial of the persons claiming under the Proclamation of the 10th October, 1844. . The chair was occupied by. F. Whitaker, Esq., who. commenced by reading the following memorial and reply. To his. Excellency George Grey, Esquire, Lieutenant-Governor and Commander-in-Chief in and over the colony of New Zealand - and its Dependencies. The Memorial of the undersigned Inhabitants of Auckland and its vicinity. Sheweth, That your memorialists in pursuance, and under the authority of a Proclamation, issued by the lute Governor, ■ Captain Fitzßoy, on the r lofth day of October, 1844, became purchasers of land from the Aborigines. ' That such lands are- now in possession of your Memoralists, many of whom have expended latge sums of money, and are even now carrying on improvements on the same. That your Excellency's decision relative to these purchases, published in the Government Gazette of the 16th of this month of June, has caused your Memorialists much surprise, inasmuch as they are not aware of having in any way " evaded the regulations and terms under which the certificates waiving the Crown's Right of Pre r emption were issued." _ That .your Memorialists have been still more surprised at the information that your Excellency's decision has been influenced by a belief that your Memorialists are persons referred to in Captain Fitzßoy's despatch to Lord Stanley, dated, the 14th October, 1844, and published by order of the House of Commons in June, 1845. That your Memorialists are only just now aware of the existence of that despatch, and of the view which your Excellency has taken of the same. That each of your Memorialists takes this,

the earliest opportunity, of most unequivocally declaring that he did not at the time mentioned in the despatch referred to, or indeed at any other time, excite the natives on the subject of the Crown's right of pre-emp-tion : — that he neither subscribed himself, nor was he aware that any other person ever subscribed any sum whatever " as a reward for whomsoever should do most towards stirring up and informing the natives how to act together on this subject ;" and further, each of your Memorialists declares that it was not bis intention (nor is he aware of such intention having existed on the part of any other person) to agitate in the, Northern parts of the country during the Governor's absence in the Southern, " in order that on his Excellency's return he might find the stream of popular feeling too strong to oppose effectually." Your Memorialists trust that this unequivocal denial, will at least as regards themselves, satisfy your Excellency of the groundlessness of the statements contained in the above mentioned despatch : but should your Excellency entertain a shadow of a doubt as to the accuracy of your Memorialists' declaration, they entreat the institution of such an investigation as may be sufficient to satisfy your Excellency of their truth. And your Memorialists pray that your Excellency, feeling the injusiice of dealing with their property on an assumption of the truth of that which is undeniably incorrect, will in conformity with the Secretary of State's permission, grant to your Memorialists that title to their lands, which was promised to those who purchased under the authority of the Proclamation of the 10th of October, 1844. And your Memorialists will ever pray. Daniel Lorrigan, William Goodfellow, Chas. Ring, P. Lundon, Thomas Henderson, T. Russell, Henry M'Can, William Gamble, Charles Robinson, Benjamin Smith, Wm. Harkin, Robert White, Joseph May, Henry Hayr. Adam Chisholm, Thomas Shepherd, Henry R. Cretnay, Isaac Merrick, Edward Foley, W. Cleghorn, George Buckingham, ; G. O. Ormsby, Frederick Whitaker, Frederick S. Peppercorne, C. Fulton, Theophilus Heale, James Williamson, William Williams, John Brigham, John L. Heyd'n, Thomas Somerville, Daniel Lynch, Thomas Heniy, John Oakes, William Smithson, T. McDonald, James C. Hill, Ftancis Ring, James Harris, W. Hart, Clement Partridge, J. A. Langford, George Wilson, Thomas Jackson, P. Donovan.

Reply of his Excellency to the foregoing Memorial. Government House, Auckland, September 30th, 1846. Gentlemen, — It is very gratifying to me to receive so distinct a declaration from a portion of the inhabitants of Auckland and its vicinity, that they have not, at any time, excited the natives upon the subject of the Crown's right of pre-emption ; but it is nevertheless my duty to take this opportunity of publicly reiterating the complaints of my predecessor, by stating that during the period I have administered the government of this colony, most improper attempts have been made to induce the natives to dispose of lands (to which, I believe, their title was doubtful) without any reference to the rights of the Crown, and the present and future interests of the inhabitants of this portion of her Majesty's possessions. I am fully satisfied that the great majority of the inhabitants of this portion of New Zealand will in no way connect themselves with proceedings, which, looking to the fearful calamities they must eventually entail upon her Majesty's subjects of both races, c&nnot but be viewed with horror by the whole civilized world. I request them to lend me every assistance in their power for the suppression of such attempts, and they may rely that I, upon my part, will omit no means within my reach of promoting their prosperity and happiness. The terms of the Government Notice of which the Memorialists complain, were prepared with great care, and with the advice and consent of my Executive Council. They are in strict conformity with the instructions of her Majesty's Government ; and lam aware that thut Notice afforded the most unqualified satisfaction to the vast majority of the Queen's subjects within this territory. My duty will not, therefore, permit me to depart from, or in any way to vary its terms ; and I can give you no further assurance upon this subject, than that I will spare no exertion to arrange your claims in such a manner as to render the greatest amount of substantial justice to the many and conflicting interests involved in them. (Signed) G. Grey, Governor and Commander-in-Chief. To F. Whitaker, Esq., Chairman, and the Gentlemen composing the Deputation. The Chairman said, that the Deputation had not received from the Governor a very courteous reception ; in endeavouring to obtain information or explanation from hit Ex-

cellency, h's reply was, the question was improper, and he would not answer it. The Chairman observed, that the notice in the Government Gazette of the 16th June, was so worded, that notwithstanding that the Governor's reply to the Memorial stated, that it bad been prepared with great care by himself and the Executive Council, that he, the Governor, on being asked what it meant, said he could not answer. The fact was, it meant anything but what was intended ; and he, the Chairman, defied any person of ordinary understanding to construe that notice in any other way, than that the claims to be sent home were those of such individuals as had not complied with the provisions of the Proclamation, whereas there was no doubt but that the claims of the whole of the penny-an-acre purchasers were to meet such fate. The Chairman then read some passages from Lord Stanley's despatches, and also some from the published account of an interview bad with his Lordship by a deputation from the New Zealand Company, in which Lord Stanley declared that these purchases would be respected by the Government. The Chairman said, that the claimants might rest perfectly assured that they would ultimately obtain their grants. That Captain Grey might delay them for some time, and give much trouble upon the matter, he could readily conceive ; but, he thanked God, the question of the validity of such purchases did not rest with the Governor. The Chairman concluded his remarks, of which we can only give a brief outline, by observing, that it was most desirable that a memorial should be presented to the Secretary for the Colonies, in order that the matter should be brought before him in its proper light. Mr. Hart then read the following minutes of the interview had with the Governor upon this subject : — The Chairman of the Deputation then asked his Excellency whether the latter part of the Notice in the Gazette of the 16th June, and which he then read, was meant to apply to all the claimants under the Proclamation of the 10th October, 1844, or whether it only applied to those persons who had evaded the terms of the Proclamation 1 His Excellency said, that the question was improper, and that he declined answering it ; but that if the Deputation thought it not explicit, they might write for information upon the matter. His Excellency observed, that it was not customary for deputations presenting memorials to do more than present them, and receive the reply — that he (the Governor) was always ready to receive a deputation for such a purpose, but if the object of the deputation was to enter into discussion with him, he should use his own pleasure whether he would receive a deputation or not, for such purpose. On being asked if he would receive the deputation on a future day, with such a view, the Governor replied, he would not. The Governor was again asked if his Excellency would furnish the Deputation with a list of the number of claimants who had put in their claims, and the number of acres they claimed ? to which he replied — No ; but upon its being pressed upon him as being important to embody such fact in a memorial to be sent to the E otne Government, upon the subject of these claims, his Excellency said he would publish such statement in the Gazette. One of the Deputation here stated to the Governor, that since the memorial had been signed, he had taken the pains to ascertain what amount of capital had been invested by the claimants on the land so purchased under the Penny-an-Acre Proclamation, and found that it amounted nearly to £20,000, and that the particulars of it were at the service of the Governor. To which the Governor replied, that his Commissioner would ascertain that fact much more satisfactorily. His Excellency was then finally asked whether he was satisfied that the individuals who had signed the memorial had freed themselves, in his opinion, from any charge of being the persons intended by Captain Fitzßoy, in his despatch of the 14th October, 1844 ? The Governor replied, that it was an improper question, and that he (the Governor) would not say whether he waff satisfied, or not. It was stated, that the only object of the enquiry was to offer to him further evidence upon the matter, to remove any doubt, if any still remained upon his mind. The Governor reiterated, the question was an improper one, and declined to answer it. One of the Deputation then stated, that the impression upon the minds of the claimants was, that the unfavorable decision to which he had arrived upon the claims of those claiming under the Proclamation of the 10th October, 1 844, was created in consequence of Captain Fitzßoy 's despatch; and that the claimants were informed his Excelleucy had so stated, by one of the deputation who was present at an interview he had with him. To which his Excellency replied, that that, was a matter to be settled between the claimant!

and Captain Fitzßoy. The member of the Deputation alluded to, stated, that it was at that meeting that his Excellency had expressed his decision upon the matter, and so strongly was that expressed, that it would be in the recollection of his Excellency, that the speaker had waited upon him a second time to offer to him evidence on the part of those claiming under the Penny-an-Acre Proclamation, to prove that they had not in any way conducted themselves in the manner stated by Captain Fitzßoy. His Excellency stated, that he believed that the question was on the subject of the Cattle Trespass Act, and some others ; and that he had no doubt, that the object the member of the deputation had to be heard on those matters was the motive of endeavouring to draw him (the Governor) into a discussion upon the Peany-an-Acre Proclamation; and that whatever his opinion might be, he hid never authorized any one to say that bis decision had been at all influenced by such an impression. The Governor stated that the conference must end, and refused to hear anything more upon the subject. A resolution was then proposed and carried, " that a memorial be prepared and forwarded to the Secretary for the Colonies."

The Gallant -Capt. Robertson. —A letter has been received from Capt. Robertson, late of the Hazard, who fought so nobly for hiscountry, at Kororarika; he fell desperately wounded, having no less than five bullets through different parts of his body, one of which fractured his thigh bone. He is as well in bodily health, as ever, with the exception of a slight lameness. Sir Benjamin Brodie had examined the leg, which he thought well set —it is shortened one inch and a half. We hear that the Admiralty have refused him a pension, not considering his injuries sufficient to entitle him to one. We are astonished at this refusal of the Admiralty ; few men ever received so many, and such serious, wounds, and survived ; and no man, in either service, ever deserved a pension'better than he does. His services are well known and duly appreciated in this colony, and we feel a deep interest in his future success in life. We trust the matter will again be brought under the notice of the Admiralty, and if that Board should still refuse to do Cape. Robertson justice, then an appeal ought to be made to the House of Commons.