THE RECENTLY PUBLISHED DESPATCHES.

New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 258, 19 January 1848, Page 4

THE RECENTLY PUBLISHED DESPATCHES.

[From the New Zealand Journal.'] (Concluded from our last.) J Copy of a Despatch from Governor Gret to the Right Hon. W. E. Gladstone. Government House, Auckland, 24th June, 1846. Sir, — In reference to my despatch of yes- j terday's date, upon the subject of the grants of land beyond the maximum of 2560 acres ! established by the Land Sales Act ; and in compliance with the terms of Lord Stanley's despatch, No. 43, of the 3rd of November last, directing me to forward a report, stating as full as possible the circumstances of each case, I have now the honour to enclose a copy of a letter which I yesterday received from the Rev. James Kemp, applying to me to issue to him a grant fox 4000 additional acres of land, although he has already received grants for 5276 acres. I thought it right to decline complying with Mr. Kemps request utilil I had received your further instructions on the subject, and I have now to transmit a report on Mr. Kemps land claims. Mr. Kemp put forward, upon his own private account, six claims for an extent of land amounting altogether to 9276 acres, and be put forward an additional claim to 3100 acres on behalf of the children of the members of the Church Missionary Society. Enclosed is an abstract containing a full detail of the particulars of each of Mr. Kemps six private claims. The following abstract explains the general bearing of the questions connected with these claims :—

From this table it will be seen that the Commissioners who examined these claims by oral testimony awarded amounts of land, in one instance, hardly exceeding one-fifth of the quantity claimed, and not to one-half the extent they might have proceeded, had they thought proper to award the maximum grant in each instance. The decision of the Commissioners in some of the most important of these claims was confirmed by the Governor ; and this confirmation was notified in the Government Gazette of the 24th of August 1842. I beg to refer to my despatch, No. 65, of yesterday's date, in which I called attention to the remark of the Commissioner who investigated these claims, " that it should be bolne in mind that whenever the Governor enlarged any of his awards, that in addition to the payment or other matters proved by evidence, he had frequently deemed it necessary to regulate the amount of the grant recommended by the quantity of land which, making fair allowance for the claims of native opposing rights, it appeared probable to him that the sellers were clearly free to dispose of." Subsequently to these awards having been made by the Commissioner on Mr. Kemps claims, it was ruled that only a maximum grant of 2560 acres could be given to each individual for all claims. •The new Governor, on the 14th of September, 1844, brought under the consideration of the Executive Council, the land claims of Mr. Kemp, together with those of Mr. Henry Taylor, Mr. James Hamblin, Mr. Charles Baker, Mr. Richard Davis, and stated " that valid purchases had been made in each case, and that the Commissioners had recommended a maximum grant to each claimant ; he would, however, be glad of the opinion of the Council, whether these claims should be referred to the Commissioner authorising him to make an extension of the grant, there being a sufficient reason for so doing. After consideration the Council were of opinion that the claims should be referred to the Commissioner, and that he should be to recommend an extension of the grants." In my despatch, No. 65, of yesterday's date, I stated the land claims which we;e reopened were never sent back to the commissioner who had heard the cases originally, but that the Registrar of Deeds for the county of Eden was appointed a commissioner for the purpose of again examining these cases, that he did not quit Auckland, and that the examination, in almost every instance, was confined to the evidence taken by the previous commissioners, and the subsequent statements of the claimants. In the same despatch I enclosed a letter from one of the previous commissioners, uriging the most cogent reasons against the course which was thus adopted. It appears, therefore, to me, that the new commissioner was bound not to have recom-

mended an extended award in favour of Mr. Kemp, in excess of that recommended by the commissioners who first heard the cases, namely, 3638 acres. He, however, as will be seen by the enclosed letter to the Colonial | Secretary, dated the 26th September, 1844, recommended that grants should be given to Mr. Kemp for the full extent of land originally claimed by him, namely, 9276 acres, for reasons which were probably personally stated to the Governor, as they are not contained in Mr. Fitzgerald's letter. It must be observed that, in this case, the natives were parties fully as much interested as Mr. Kemp was, — that in one instance he claimed to have purchased from them 5000 acres, whilst the commissioners only awarded 1078 acres. This award was publicly notified in the Government Gazette, as confirmed and approved by the Governor ; it was founded on an examination of witnesses, made in open court. Mr. Kemps second claim is also similar to the first oue in character differing only in the proportion between the amount of the claim and of the award, which, however, was still very great. I do not feel myself satisfied that it was just to re-open these cases without due notice having been given, which might have enabled all native claimants to come in and support their rights, and this more especially as no reservations whatever have been made, in the grants issued to Mr. Kemp, of any pahs or cultivations which they may have on those lands, or of any reserves which might be necessary for themselves or their descendants ; or might have afforded a fund applicable to religious or charitable institutions for the natives of this country. It would also have been much more satisfactory to my own mind, if the new commissioner had stated at length the reasons which induced him to come to a conclusion differing so widely from that at which the previous commissioners had arrived, after an examination of witnesses in open court. Upon the whole, I have felt it to be my duty not to issue any further grants to Mr. Kemp, until I receive further instructions from her Majesty's Government. I have enclosed an abstract of Mr. Kemps seventh claim, upon account of bis own children, and of those of other members of the Chnrch Missionary Society. Ido not think it necessary to make any remarks upon this claim, except, that the original claim was only for about 3100 acres ; that the original award was 2960 ; and the new award was for 3600 acres, being 500 acres in excess of the original claim. — I have, &c. (Signed) G. Grey. The Right Hon. W. E. Gladstone, &c. A true copy, forwarded in the absence of his Excellency the Lieutenant Governor, who has directed that a copy should be transmitted, instead of the despatch, being retained for his signature. Charles Knight.

Extract of a Despatch from the Right Hon. Earl Grey, to Governor Grey. Downing-slreet, March 1, 1847. Sir, — I acknowledges and propose to answer together, your despatches Nos. 65, 66, and 68 ; the two former of which are dated on the 23rd June, 1846, and the last of which is dated on the 24th of the same month. Although the cases to which they relate are different, the questions arising on them are too much alike to be properly disconnected from each other. * • * *

I regard the case of Mr. Kemp, as explained in your despatch No. 68, in a far different light. This gentleman, a missionary, was the claimant, for his own benefit, of 9,276 acres, under seven different contracts with the natives. The commissioners reduced his demand by their awards to 3,638 acres. Those awards were confirmed by Mr. Sbortland. But Governor Fitzroy appointed a new commissioner, Mr. Fitzgerald, to revise these awards. Without quitting Auckland, or taking any new evidence, excepting that of the claimant himself, Mr. Fitzgerald recommended the admission of the claim to the full original extent of 9,276 acres. Of this judgment the reasons were not assigned by Mr. Fitzgerald, in his report on the subject. Nevertheless, Governor Fitzroy confirmed the second award, and reversed the decision of his predecessor. Grants have been made consequent on Mr. Fitzgerald's report, to an extent exceeding the awards which wereconfirmed by Governor Shortland. But Mr. Kemp still demands other grants, in fulfilment of Mr. Fitzgerald's report, as confirmed by Governor Fitzroy. To what extent the grants to Mr. Kemp have actually reached, I do not very clearly ascertain. But to whatever extent they exceeded the 3,638 acres first awarded, they appear to have been illegal and invalid. If your legal advisers should be of opinion that a suit for the revocation of the grants, to the extent of that excess, could be successfully ! instituted, it will be your duty to cause such . suit to be brought ; and in the event of its '

success, you will give Mr. Kemp the benefit of purchasing, at the minimum upset price, as in the case of Mr. Beattie, of any land on which he may have actually expended money, to' any extent, in' reliance on the grants, or the promise of your predecessor. Bat to whatever extent, beyond the amount of his original claims of 3,638 acres, grants may yet be demanded by Mr. Kemp, on behalf of himself, or of the children of the missionaries, yoli will inflexibly refuse to comply with the demand, relying on the grounds that the awards of Mr. Fitzgerald, and the confirmation of those awards were entirely null and void, because the awards of the preceding commissioners had already been confirmed by the authority of Mr. Shortland, and because it was not competent to his successor to reopen them. Ido not scruple to avow that the sacred office vhick Mr. Kemp fills, induces me to regard his dealings irith the natives with great disfavour. His claims on the Government must be res/ected so far, and only so far, as they are supported by strict and positive law. So far as they rest on any other ground, I regard them as untenable ; nor should I hesitate to dispossess the whole body of missionaries of the property which they have acquired in the same manner, if the law would enable me to proceed to so extreme a measure. For the sake of our national character, and of our common faith, 1 contemplate with deep regrtt the use which has thus been made of an influence, tchich ought to have been devoted exclusively to the highest and most sacred objects. There appears to be twenty-four other cases, in which the grants have exceeded the prescribed maximum of 2,560 acres. In seventeen of those cases, the Land Claims Commissioners appear to have reported in favour of smaller grants. But for reasons which are unexplained, Governor Fitzroy re-opened the inquiry, and in the result gave as many new grants in extension. In the absence of any explanation from your predecessor, of the motives by which he was actuated, I cannot venture to express any confident opinion on this class of cases. 1 can only state that the impolicy of these lavish grants of land is too evident to call for any explanation, and that the illegality and invalidity of them would seem to follow, iiom the circumstance of their having been made in direct opposition to the reports of the commissioners. On what ground Governor titzroy's claim to set aside previous decisions may have rested, I am not informed, nor can I conjecture. I hesitate, however, to instruct you to engage in litigation, requisite for setting aside these grants, in ignorance, as I necessarily am, of the obstacles which, in prosecuting such suits, you might have to encounter. I can, therefore, only repeat, in reference to these cases, what I have already said in regard to the cases of Messrs. Beattie and Kemp. You will act under the guidance of your legal advisers, and will grant to any one who may be dispossessed the privilege of purchasing, at the minimum upset price, any lands on which he may have incurred any considerable expenditure in reliance on the grants or the promises of your predecessor. It is possible that practically what has been done may be found irreparable and irremediable, and that the difficulties of legal proceedings may defeat any attempt to resume the improvident grants which have been made. Yet even, if such should unfortunately turn out to be the case, this correspondence may not be wholly unprofitable. It will remain as a record of the extreme inconvenience re- j suiting from a disregard of the law, and from an improper facility in cases of this kind. It will also serve to show that her Majesty's Government in this country adopt to the fullest extent your own conviction, that it is our < common duty to remedy, as far as may be retrospectively, and to prevent for the future, a system, the perseverance in which must retard and impair, to a great and indefinite extent, the advance of the colony under your government towards the wealth and the other social advantages which would appear to be within its reach. — I have, &c. (Signed) Grey. Governor Grey, &c.

10. Extent of Land claimed. Extent of Land awarded by Commissioners Godfrey and Richmond. Date of confirmation of award by Governor Hobson and Mr. Shortland. 1 2 3 4 5 6 Acres. 5000 4000 50 150 6 70 Acres. 1078 2284 50 150 6 70 August 24th, 1842. April 11th, 1843. August 24th, 1842. August 24th, 1842. April 4th, 1843. April 24th, 1843. 9276 3638