New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Saturday, July 31, 1847.

New Zealand Spectator and Cook's Strait Guardian, Volume III, Issue 209, 31 July 1847, Page 2

New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Saturday, July 31, 1847.

The Auckland Journals are full of long disquisitions on that part of Lord Grey's instructions, which refers to the disposal of the waste lands of New Zealand. The Southern Cross reiterates the oft-repeated and threadbare arguments about the treaty of Waitangi, which have been so frequently urged and so frequently refuted that we will not weary our readers by again travelling over the beaten ground. The Neuf Zealunder feels assured that Capt. Grey must refuse to act upon these instructions, and calls upon Exeter Hall to the rescue. In some observations in the latter journal on our article on this subject, written in reply to the arguments of our correspondent H., on the right of property of the Aborigines to the waste lands, it is said that we endeavour " virtually to get rid of the word " possession" in the treaty, by means of a subtle definition or rather explanation of its meaning, supported by a quotation from Kent's Commentaries," and it is inferred from this quotation that the writer of the article is a lawyer. In noticing this non-sequitur of our contemporary's, we can assure him that we are no aspirant after forensic honours. The quotation served to show that the word property, being used by our correspondent in a different and more absolute sense than the treaty of

Waitangi, and the received law on the subject conveyed, was productive of fallacy in his reasoning. The distinction is important, because in it lies the difference between those who agree in the justice of Lord Grey's instructions and those who are opposed to them. If it be conceded that the right of the Aborigines, under the Treaty of Waitangi, to property in the Waste lands of New Zealand is as absolute and complete as the right of property which obtains in civilized nations, if their right were so absolute as "to exclude all others," it would follow that they might equally dispose of this right to all others, and all the evils which were suffered under Captain Fitzroy might again be inflicted on the colony by individual trading in land, and the progress of systematic colonization be destroyed. To prevent this mischief Lord Grey reverts to the system which has uniformly obtained among colonizing natrons in their dealings with the aboriginal and savage inhabitants of the countries colonized, and which for upwards of two hundred years has been recognized and acted upon by Great Britain in her colonies, While, therefore. Lord Grey allows the natives undisputed possession of their cultivations and clearings, with ample space for shifting, while sufficient provision is made for their present and future wants, he asserts the right of the Crown, in its capacity of trustee for the whole community, to all those tracts of unsubdued and unoccupied land to which the natives have only a qualified right ; and directs that the pre-emp-tive right of the Crown should at almost all hazards be strictly enforced. To act otherwise would be virtually to abandon the control of the Crown over the colony, to surrender its most valuable privileges, and to yield to individual cupidity that which, under proper management, will for years to come provide ample funds for the due supply of labour, and the important public works required in the colony. The effect of Captain Fitzroy's Proclamations in destroying the value of land is sufficiently notorious, so that at last his land orders were depreciated to the lowest conceivable value, and to this state of things we should certainly return unless the right of pre-emp-emption be strictly maintained. But on this head no apprehension need be enter tamed, and an influx of fresh settlers at the North from the mother country will gradually have the effect of neutralizing the leaven now at work. It is time that these questions were finally disposed of — and we trust that the undivided attention of his Excellency will be devoted to them, so that another year will not be suffered to pass away, and the Southern settlers remain, as they have done for the last seven years, without a Crown title to their lands. As long as these questions continue unsettled they remain a constant source of irritation, and materially retard the progress of the colony.

The Julia arrived on Thursday from Auckland, after a quick passage of six days. The Pestonjee Bomanjee was to sail the day after the Julia, with Mr. Eyre for Wellington. Intelligence had been received that the Strathisla which left Auckland with a cargo of spars for London, under the charge of Captain Heale, had put into the Falkland Islands in a disabled state and had been condemned.

Information was received on Wednesday evening from Wanganui, that the troops stationed thei'e had had a skirmish with the rebels on the 19th inst. The firing on both sides lasted a considerable time, and at length towards evening the retreat was sounded, and the troops retired to the Stockade. It is said that two soldiers were killed, and one mortally wounded, and ten others were wounded more or less severely. The rebels are reported to have had an equal amount of loss on their side. This is the substance of the reports in circulation; the next arrival from Wanganui will probably bring detailed and official accounts of the affair, and relieve the anxiety entertained by the public.

New Church. — On Thursday evening the Church which has been recently built on the Porirua Road, was opened for the first time for public worship. The service commenced at half past six o'clock, the Rev. R. Cole, M. A., said prayers, and the Bishop of New

Zealand preached to a very numerous and attentive congregation.* THe Church, which is about five miles from Wellington, is a neat wooden structure, and is capable of containing from 120 to 150 persons : — The site appears to have been very appropriately chosen. The Church is built on a section belonging to the Rev. S. & S. Hawtrey, who have devoted twenty acres of it to ecclesiastical purposes.

A dinner was given at the Aurora Tavern on Thursday evening by the Britannia Lodge of Odd Fellows, to several members belonging to the 99th Regt., on the occasion of their approaching departure. There was a very full attendance of members, who met together "to speed the parting guests;" the dinner was served in excellent style, and the evening passed off very much to the satisfaction of all present.

Thk natives of Waikanaehave lately brought several cottage chairs made of straw, after the model furnished them, to Wellington, which have been disposed of for them by Messrs. Johnson & Moore, and they appear satisfied with the price obtained. On their next visit they intend bringing several beehives of their manufacture. It would be very desirable that the attention of the natives along the coast could be directed to the preparation of flax, the quantity at present brought to Wellington is very inadequate to meet the demand, which is daily increasing.

Wellington Sayings Bank. — Mr. Wallace, Rev. James Watkin, Mr. Waters, and Mr.Fitzherbert, the Managers in rotation, will attend to receive deposits at Messrs. Johnson & Moore's store, from seven to eight o'clock on Saturday evening, the 31st July, 1847, and at the Union Bank of Australia, from twelve to one o'clock on Monday forenoon, the 2nd August. The Superintending Committee will meet at Barrett's Hotel, on Monday evening next, August 2, 1847, at 8 o'clock. N. B. — The above meeting will be made special, to consider the draft of the Savings Bank Ordinance, published in this paper on the 28thinstant.