New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Saturday, November 21, 1846.

New Zealand Spectator and Cook's Strait Guardian, Volume III, Issue 137, 21 November 1846, Page 2

New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Saturday, November 21, 1846.

In last Saturday's Spectator we gave an outline of the arguments by which the Land Purchasers endeavour to establish their claim to compensation from the New Zealand Company ; the letter then proceeds to call upon the Directors to fulfil the terms of purchase, namely, that the most fertile, available and valuable land in the Company's possessions should be given to the Purchasers in the First and Principal Settlement ; and that the lands awarded to the Company by Government, in respect of the expenditure in emigration of the 75 per cent, of their purchase money, be given up to the Land Purchasers. By a reference to the prospectuses published by the Company, their intentions and views are clearly laid down as to the selection of lands, and the letter proceeds to show how these intentions have been lost sight of and the terms of purchase evaded ; that a great portion of the land se-

lected Is valueless ; that owing to the small surveying staff originally sent out, there wex*e neither the means nor time for exploring the country ; and that hy far the greater portion of the land offered for selection has been surveyed at the Manawatu and Wanganui districts, at a considerable distance from Wellington, while more valuable districts than those given out exist in the neighbourhood of this Settlement. After dwelling at some length on these points the letter thus sums up this part of the subject : — "Istly, That in spite of your promise to give us the best land in your possessions, a ' great portion of the land given out is quite valueless. " 2ndly, That we have been compelled to select our lands in districts at a great distance from Wellington, and which were taken and surveyed by you at a time when you admitted, 1 That nothing whatever was known of the country, owing to your survey having opened up so little of it, except that it was extremely hilly, and densely wooded.' " 3rdly, That subsequent explorings have shewn that more valuable districts than those given out do exist in the immediate vicinity of this Settlement. "4thly, That even when good, available land might have been given, it was doled out in a manner contrary both to the letter and spirit of your terms of purchase." " The facts being, then, such as we have stated, we cannot believe that you will hesitate to apply a remedy (as far as is in your power) to the evils and injuiies which have ensued to us from the manner in which the condition in question has been violated ; — but be this as it may — We now claim, not as a j matter of favour, but of right — That we shall be permitted to throw up all the worthless land we have so unjustly been compelled to select, and that the Wairarapa, and the other blocks of land referred to by your Principal Agent, be purchased, surveyed, and thrown open for our selection : And we beg further, to protest against these districts being appropriated to the formation of other settlements, or to any other purpose whatever, until this right has been conceded to us. " If you, in defiance of all justice, refuse to accede to this demand — if you insist upon keeping us to the selections made under the circumstances already detailed — we, at least, shall have warned intending purchasers against placing any reliance upon your promises, — we shall have proved that your prospectuses and I your terms of purchase are nothing more than delusions — mere baits to tempt the unwary ; — we shall, in all probability, have prevented the ruin of many, and may possibly have induced some Members of your court to hesitate before longer lending the sanction of their names to transactions so questionable. If you, however, refuse, do not flatter yourselves that we shall, as hitherto, remain quiescent under your injustice — but, on the contrary, be assured that our determination to compel you to complete your just contracts will only be strengthened and confirmed by your denial of our present claims." The letter, then alludes to the Purchasers of land in the Secondary Series, and describes how their power to choose according to the terms of purchase has been denied them, and after giving particular instances where a compromise has been effected, asks if the Directors are prepared to admit " That the principle of the Company is, to do justice only when compelled — that you pay your debts, and fulfil your contracts, only when you cannot with impunity repudiate them — but that you trample upon the rights of all whom you believe to be too poor, too distant, and too unprotected, to resist your injustice?" We now arrive at the consideration of the last point treated of in the letter, namely that the lands awarded to the Company in respect of the money spent in emigration be given up to the Purchasers. By a reference to the Prospectuses published by the Company it will be seen that one of their stipulations with the Purchasers of land was, that "* Of the monies to be paid to the Company by Purchasers, 25 per cent, only will be reserved by the Company for local expenses and other purposes ; the remainder, being 75 per cent., will be laid out by the Company for the exclusive benefit of the Purchasers, in giving value to the land sold, by defraying the cost of emigration to the settlements.' " And the letter proceeds to establish, and we think very clearly, from their admissions in their various Reports, that the Company in expending this 75 per cent, acted as Trustees for the benefit of the Land Purchasers — and that whatever benefit, either direct or

contingent, should arise from the trust so established, would accrue, not to the trustees, but to the parties for whose benefit the trust was established. The following 1 extract will show the manner in which this part of the subject is treated : — " That you have all along considered yourselves clothed with the character of trustees, may be inferred from the nature of all the transactions in which you have been engaged since the formation of the Company ; — involving, as these transactions have ever done, the receiving by you of monies, to be expended, not for your own benefit, but for the exclusive benefit of the parties from whom they were received ; for example, the Company sold, in the first instance, 100,000 acres, at £1 an acre, stipulating that they should retain, for their profit and expenses, 25 per cent, only, or £25,000, and should expend the other £75,000 for the exclusive benefit of the parties by whom the money was paid, in defraying the cost of emigration. The Company thus became trustees for the expenditure of this £75,000, and if they had neglected to expend this sum in the manner stipulated, we presume there cannot be a doubt but that a court of equity would have afforded the Purchasers a remedy. That such was the relation in which you deemed yourselves to stand in regard to the Purchasers, may also be deduced from the whole tone and spirit, both of your speeches in Parliament, and of your correspondence ; as for instance, in your letter to the Commissioners of Colonial Lands and Emigration (alluding to two plans of new settlements submitted to you by intending colonists), you say, ' In order to promote the general colonisation of New Zealand, by undertaking the trust functions assigned to the Company by suck plans,' &c, &c. ; and we might bring forward many other similar expressions, but we are fortunately relieved from the necessity of accumulating evidence on this point, by your having expressly admitted that you were trustees as to these funds. In your letter, dated 15th February 1841, addressed to Mr. Bryan Duppa, in reply to his request to you to form another settlement, you say, ' The Directors will not shrink from the heavy responsibility which they incur by becoming trustees of the large sums of money which it will be their duty to expend for the benefit of the new settlement in the manner proposed, because the experience of the past satisfies them that the settlers emigrating under the sanction of the Company w\\Y"cb'hjide in the rectitude of its purposes, and the good faith of its administration. ; and it will be ever the anxious care of the Directors to merit the confidence so liberally reposed in them by the colonists and the public' This- reference to your past experience as trustees could only apply to this Settlement, seeing that it was your only settlement, New Plymouth being at that time under a different Company ; — the allusion to your administration could only for the same reason refer to your administration of our funds; in short, you' said here, as plainly and explicitly as you could say, that in accepting the office of trustees to the Purchasers at Nelson, you were merely accepting the same office which you had already discharged to the Purchasers in the First and Principal Settlement." The letter then refers to the admitted principles on which trusts are administered, and shows that, in the arrangement made with Lord John Russell, the Company not only sent in accounts of its expenditure of its own money (including the 25 per cent, commission on the sums received from Purchasers), for which, in respect of these sums, land was awarded them at the rate of an acre for every 55. ; but also an account of the expenditure of the 75 per cent, expended in emigration, for which likewise land was awarded them at the same rate, viz., an acre for every ss. The Land-Purchasers argue that, if no profit had ever been received in respect of this expenditure, they would be ready to admit that, having expended 75 per cent, of the purchase-money in emigration, the Company would have fulfilled their trust, and there would be no ground of complaint, but that as trustees, they have no right to any profit from such expenditure, and that by retaining the 256,330 acres so awarded, the Company pervert the trust to their own benefit, and in fact reserve to themselves a profit of 75 instead of 25 per cent, out of the transaction. The letter then proceeds — " We will suppose, however, for the sake of argument, that you were not clothed with the character of trustees, and that you never stipulated that you should retain for ydur own use only 25 per cent, — still, we must ask, have you any claims superior or equ?l to ours, | to appropriate to yourselves all the advantages conferred by Lord J. RussellV agreement ?

n n vov show any peculiar merit which would ■title the Company to keep to itself the tere \tories thus awarded? You cannot deny that the lands in question (256,330 acres) have been acquired tty means of the expenditure of funds which we furnished. You cannot pretend to have incurred any personal risks. You have admitted that the British colonisation of New Zealand is solely attributable to our enterprise — that it ' was through our instrumentality that your early successes were obtained' — aud that whatever value the lands to which you have become entitled possess, is derived from our sacrifices. You can, in short, urge in regard to these lands, no other merit than that of having expended our money ; — and for this, you have been paid a commission fixed by yourselves — a commission which must be deemed most ample ; — for instance, you have received for expending the first paid by us £25,000, which entitled you to 100,000 acres. You have, in fact, been awarded 100,000 acres of laud for the tiouble of expending £75,000 received from the first Purchasers : And yet you are not satisfied ! but are endeavouring to appropriate to your own use, the lands acquired by our funds — purchased by our sufferings — we might almost say, by the blood of our fellowsettlers!" It is then argued that it was evidently the intention of Lord John Russell in making this agreement, to allow the Purchasers in this Settlement, those who might be considered, if not the forlorn hope, at least the pioneers of the expedition, to participate in its advantages, which, were intended, not for the exclusive benefit of a certain number of gentlemen in England who had formed themselves into a joint-stock Company for the purpose of colonising New Zealand, but for those who had not only contributed the chief portion of the funds, but who had borne all the personal risk of the adventure; and that if it were not so, a most unreasonable and unjust distinction would be made between the Purchasers from the Company, and parties purchasing directly from the Natives, for while the latter had land awarded to them on the same terms as the Company, viz., an acre for every 5.5., without having contributed to any object of public benefit or utility, the former would be obliged to pay for their lands at the xate of a pound an acre. The Land-Purchasers conclude by claiming, that the lands awarded in respect of this 75 per cent, be placed at -their disposal on the following grounds :—: — ." The grounds, then, Gentlemen, upoo which we claim, that the lands awarded to you by Government in respect of the expenditure of the 75 per cent, of our monies, be given up, and placed at our disposal, are, '* lstly, That it was expressly stipulated that your commission should not exceed 25 per cent., and that you were not, 'under any circumstances, to derive any profit or benefit from the remaining 75 per cent. " 2ndly, That you consented to act as trustees in expending this 75 per cent., and that consequently, a court of equity would compel you to account to us for any advantages or profits obtained by you, either under colour of your trust, or by means of the trust- funds. " 3rdly, That even supposing that you were not bound by law and equity to give up these lands to us, still, that you cannot lay claim to them, on account of any peculiar merit — but that, on the contrary, our claims to them, seeing that we have lisked our lives and properties, are immeasurably superior to any that you can possibly advance. " 4thly, That there is every reason to believe, that Lord J. Russell, in making the arrangement of November 1840, intended .that the Purchasers in the First and Principal Settlement should be placed on the same footing as the Company, and other private purchasers from the Natives, with respect to the rate at which they were to receive land — inasmuch as the avowed object of Lord J. Russell was to reward all who had been engaged in the national undertaking of colonising New Zealand."— and referring to the names amongst the Directors, indulge in the hope that claims so reasonable, just, and equitable, will be allowed, and that such satisfactory explanations will be offered as will re-establish the same friendly relations between the New Zealand Company and its Purchasers, which have hitherto existed between them.

The Calliope proceeded early on Thursday morning to Kapiti, where she will remain for a few days for the purpose of taking in water.

Sergeant Barry and a party of the armed police have been stationed at Wairiki, to prevent the escape of Petomi, who is still harboured by the natives of that pa, and who would probably seek a favourable opportunity of escaping by crossing the Strait to Queen Charlotte's Sound. The report to which we alluded last week, of Hobman's having been found at Wairarapa, proves to have been incorrect.

We are informed that the English mails for the Southern Settlements per Clara were forwarded from Sydney to Auckland, where they still remain. This is another illustration of the inconvenience the southern settlers suffer hy having the Government placed some hundred miles off, at a place with which they have so few opportunities of communication. The Clara arrived at Sydney September 20, and at Wellington November 4. Since the former date six vessels have sailed from Sydney for this port, all of which have arrived, three of them within the last three weeks, while three more vessels are daily expected. The last dates received here from Auckland are to the 10th October.

Lord Clarendon, the new Colonial Minister, was formerly the British Ambassador to the Court of Spain, and is a leading member of liberal party. One of his brothers, the Hon. Mr. Villiers, by his annual motion for the repeal of the Corn Laws, contributed in no slight degree to the success of this important measure ; another brother is Commissioner of Colonial Lands and Emigration.

The barque Orwell, was off the Heads on Thursday, and anchored yesterday in Worser's Bay, where her stock was landed in first-rate order. She shipped at Twofold Bay seven hundred sheep (wethers and maiden ewes) and one hundred and twenty head of cattle, and has lost only fifteen sheep, and six head of cattle during the passage. She had a very favourable run, having been only seven days from Twofold Bay to the Heads.

Coronbr's Inquest. — An inquest was held yesterday at the gao] before Dr. Fitzgerald, the Coroner, on the body of Rangiatea, the insane native, who was taken prisoner during the late military operations, and sentenced by the Court Martial to be imprisoned for life. The Jury returned a verdict of " Died from a disease of the heart."

Shakspearean Festival — Yesterday evening the Wellington Company of Performers gave an entertainment to their friends at the Britannia Saloon, Lambton-quay, in commemoration of the introduction of the Drama in this Colony. A very excellent supper was provided, reflecting great credit on • mine Host ;' and the number of persons assembled amounted to fifty, Mr. Marriott presiding. In the course of the evening Mr. Marriott made an excellent speech, explaining the expenses attendant on their attempt to establish theatrical performances, and the difficulties against which the Company had to contend, but which the liberal patronage of a discerning Public had enabled them in some degree to overcome. Songs and appropriate toasts contributed to the enjoyments of the evening, and the whole concluded with dancing, which was kept up with great spirit until an early hour, the company indulging " In unreproved pleasures free," and departing highly pleased with their evening's entertainment.

Wellington Savings Bank. — Mr. D. S. Dune, Dr. Fitzgerald, Mr. Robt. Hart, and Mr. Charles Clifford, the Managers in rotation, will attend to receive deposits at Mr. Ross's office, from seven to eight o'clock on Saturday evening, the 21st November, and at the Union Bank of Australia, from twelve to one o'clock on Monday forenoon, the 23d November.

The following extract from the circular recently addressed by Mr. Gladstone to all Governors of colonies on the subject of the tenure on which the higher officers in the colonies will in future be considered to hold office, will be perused with the greatest interest at the present period. Mr. Gladstone in propounding the principle has made the most important advance towards Responsible Government for the Colonies, and it is greatly to be regretted that a Minister entertaining such enlightened views of colonial policy should, by a change of Ministry, be removed from office before he has had time to carry them out. Of all the colonies, perhaps New Zealand affords the greatest scope for the application of the principle here enunciated : — "You will understand and will cause it to be generally known, that hereafter, the tenure of colonial offices held during her Majesty's pleasure, will not be regarded as equivalent to ! a tenure during good behaviour ; but {hat, not only will such officers be called upon to retire

from the public service as often as any sufficient motives of public policy may suggest the expediency of that measure, but that a change in the person of the Governor will be considered as a sufficient reason for any alterations which his successors may deem it expedient to make in the list of public functionaries — subject of course to the future confirmation of the Sovereign. "These remarks do not extend to judicial offices, nor are they meant to apply to places which are altogether ministerial, and which do not devolve upon the holders of them duties, in the right discharge of which the character and policy of the government are directly involved. They are intended rather to apply to the heads of departments, than to persons serving as clerks, or in similar capaciiies under them, neither do they extend to officers in the service of the Lords Commissioners of the Treasury. The functionaries who will be chiefly, although not exclusively, affected by them are theColonialSecretary,theTreasurer or Receiver General, the Surveyor General, the Attorney and Solicitor Generals, the Sheriff or Provost Marshal, and other officers, who, under different designations from these, are entrusted with the same or similar duties. To this list must also be added the Members of the Council, especially in those colonies in which the Legislative and Executive are different bodies."