New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Wednesday, October 28, 1846.

New Zealand Spectator and Cook's Strait Guardian, Volume III, Issue 130, 28 October 1846, Page 2

New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Wednesday, October 28, 1846.

The unusual length of the proceedings of the annual meeting of the Proprietors of the New Zealand Company, compels us to condense as much as possible our observations relating to it, and to the Report published in our last number. We have reason to believe that something will now be done to remedy the evils and disorders under which we have so long laboured, and that the settlers will at length receive " a title to the property they had fairly purchased, and institutions under which Englishmen could be expected to live." It is clear from the tenor of the Report and from Mr. Buller's very able speech, that intelligence had not been received of Captain Grey's successes in the North or of his visit to the Southern settlements. We may expect therefore, that the next news from England will be mainly influenced by this intelligence, and that before the end of the present year, an attempt •will be made by the British Government to do justice to tbe Southern settlements and to adopt towards them a new and definite policy which will be satisfactory to all parties. It will be seen from the Report that the Company have completely changed their views as to the policy to be pursued towards the aborigines, they now deprecate any attempt on the part of the Government " to subject the native tribes to the same laws which bind the colonists," they consider " that the attempt to establish a universal British authority over the natives must now fail," and instead of maintaining the supremacy of the British power, they desire the adoption of a policy " of a totally different character," and believe '*it has become necessary to abandon the colonization of those parts of tbe island where there is a.deijse native population." They profess to have adopt-

Ed these views on the information of persons who have long resided in New Zealand, and who are perfectly acquainted with the native character. That these views and the information on which they are founded are equally incorrect the events of the present year leave no room to doubt. The only hope of successful colonization, the only hope of safety consists in his Excellency's continuance in the general assertion of British authority. The fears of an invasion of Wellington by the Northern tribes are chimerical; our danger lies nearer home, in the attempts of the disaffected and evil disposed natives under Rangihaeata, to whose incursions, as long as he is at large, this settlement will always be exposed. But it is certain that any attempt to return now to the soothing system would be attended with the very evils most to be deprecated. It has already been tried to its fullest extent by Capt. Fitzroy, and has so signally, so completely failed, as to preclude the possibility of its further adoption. The arguments founded on the disturbances at the Bay of Islands, on which the Company ground their recommendation to abandon the colonization of the North, may be equally applied by the Northern settlers to this part of the Inland. The truth is, the number of disaffected natives bear so small a proportion to the amount of the aboriginal population, who are well affected to the British authority, and' desire to live in peace, as to form the exception and not the rule by which the conduct of Government towards them should be influenced, and to render the assertion of British supremacy more than ever necessary. In the firm assertion of British authority, and in a Crown title to our lands, in the extension of roads throughout the Settlement, in the division of the Colony, as we have every reason to hope will shortly be the case, into two separate and independent Governments, and above all, in representative institutions, we shall be provided with the best remedies for the evils from which we have suffered, and the most effectual guarantees against their recurrence. And if the settlers obtain these concessions from the justice of the British Government, the foundation of the prosperity of the colony will be laid on a' sure and permanent basis.

Porirua Barracks. — The first stone of this building was laid on Friday, the 23rd inst., by Capt. Armstrong the officer in command at Porirua ; as usual on such occasions various coins of the present reign were deposited in the stone. Captain Armstrong made a suitable address on the occasion, and concluded by wishing success to the undertaking. We are informed that the works will be carried on with all possible expedition.

Wellington Savings Bank. — Mr. Jonas Woodward, Major. R. Baker, Mr. J. Blyth, and Col. W. 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 31st Oct., and at the Union Bank of Australia, from twelve to one o'clock on Monday forenoon, the 2nd November. 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 2d November, at eight o'clock.

Crown Grants. — We have been requested to publish for general information the following despatch, received by the Principal Agent of the New Zealand Company, inclosing the opinion of counsel on the Crown Grants issued by Capt. Fitzroy in this district : — New Zealand House, Broad Street Buildings, 30th May 1846. Sir, — Your despatches of Bth September 1845, Wellington, No. 38-45, 39-45, re. specting the Port Nicholson and Nelson deeds of grant executed by the late Governor, having been laid before counsel, lam instructed to transmit to you, with a request that you will make it public, the accompanying copy of the opinion which the Directors have this day received, on the subject of those instruments, and which they have lost no time in communicating to Mr. Gladstone. — I have the honor to be, Sir, Your most obedient Servant, T. C. Harrington. Col. William Wakefield, Princ. Agent N. Z. Company, , ,- \ Wellington. '

Case submitted to Counsel. " Whether the grants complained of in Colonel Wakefield's letter of the Bth September 1845, viz. to Mr. D. Scott, to Mr. George Young, and to the Manager of the Union Bank, can be set aside upon any and what grounds — and, in such event, what course should be adopted to effect such result. " And generally to advise the Company as to the best mode of dealing with the two grants made to themselves with a view to rendering them positive grants, and removing the various exceptions at present incorporated in them. Opinion of Counsel. " We are of opinion that the Company cannot, by legal proceedings impeach the grants complained of in Col. Wakefield's letter, as they have no legal title to the lands included in such grants, although under the letter of Governor Hobson, of ihe 6th of September 1841, which was published in the Government Gazette of the 13th October 1841, and also his letter of the 13th November 1841, and Lord Stanley's answer of the 12th May 1842, the Company, or rather those persons who have taken and improved tha lands upon the faith of those representations have a strong claim upon the Government to cause those grants to be set aside if they have not been legally made. " We are of opinion that such grants may be set aside if the Crown was deceived, or if the Governor of the colony acted beyond his authority, or contrary to his instructions. " We see no sufficient reason to suppose that the Crown has been deceived. But we are of opinion that the Governor acted bsyond his authority, and contrary to his instructions in making the grants in question, after the letter of Lord Stanley of 12th May 1842, in answer to that of the Governor of 13th November 1841. "As to the grants to the Company, they are not bound to accept them, and we are of opinion that they had better not do so until the matters in dispute have been arranged. (Signed) "G. J. Tukner. Chas. Buller Jun. B. Peacock."

Taranaki. — The Carbon arrived yesterday, after a passage of ten days, from Taranaki, with a cargo of flour, the produce of that settlement. She reports every thing to be quiet in that district. The following is from our Taranaki correspondent : — " The Government Brig, fourteen days from Wellington, arrived on the 9th insttnt, in a hard south-east gale, and brought-to under the lee of the knd. She landed a number of natives, and sailed on the following day for Auckland. " The Carbon, eighteen days from Wellington, arrived on the 1 Oth inst., and anchored at her usual place off the town. She put to sea in a stiff north-wester on the 13th, without difficulty, and in the following morning ran into Waitara with a gale from the west. She has a full cargo, and will sail this afternoon for Wellington. " Oct. 17, 1846/'

Recall of Sir Eardley Willmott. — In the Hobart Town papers 20th September it is stated Sir Eardley Wilmot announced his recall as Governor in the Legislative Council ; he said — " it was not through any statement sent home of the disputes that had occurred between him and the Legislative Council, but that the Secretary of State thought that sufficient attention was not paid to the moral and religious welfare of the convicts, and ere long a successor would arrive to carry on the Government." His honor C. J. Latrobe is to take charge of the Government, and an express' to that effect is to be at once trausraitted to Pert Phillip, requiring his immediate presence. — Australian.