New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Saturday, February 19, 1848.

New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 267, 19 February 1848, Page 2

New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Saturday, February 19, 1848.

In deciding on the claim of the settlers to throw up the worthless land they had been compelled to select, and to choose more available land in districts nearer to Port Nicholson, Mr. Cowell adopts a very novel style of reasoning. Founding his argument on the caveat emptor clause of the landorder, which, as we have seen, he dilates even beyond its own ample terms, he conceives that the purchasers had either the right of selecting or of reserving their choice, and that having once chosen, they are not free to change ; " that such demands are so novel in transactions of business" as to render it unnecessary to canvass them. And warming with his subject, he illustrates his meaning with the following apposite illustration :—: — " If a horse-dealer were to sell tickets entitling the holders to enter his stables at their pleasure, and take out any horses they might find in them, what would be thought of these parties if, several months after having exercised their rights, they were to bring back the horses they had chosen, and not merely declare that the dealer had sold them the right of making a second choice from whatever his stock might at any future time prove to be, but that he was under the obligation of purchasing the blood of Eclipse, Smolensko, &c, &c, for their me re satisfactory second choice." The dishonesty of horse-dealers is proverbial, and possibly this consideration may have prompted the illustration ; but with a little alteration — by putting it in another light — it may yet be made to fit the case. What then would be thought of a horse-dealer who had entered into a contract with a very numerous class of purchasers, whose engagements were pressing and could brook no delay, to supply them with animals, warranted sound and equal to the duties required of them, and who, having received the purchasemoney beforehand, should »hew but little inclination to fulfil his part of the contract ? The purchasers frequently visit his stables, but find them empty ; they are told to restrain their impatience, and take it coolly, the animals are wandering at large, and some day or other will be caught, and if

not, they must look out for themselves. After many wearisome delays, the purchasers are at length told to select ; they find a collection of animals in his stables, some of them indeed serviceable enough, but a great proportion of them sorry galled jades that will not mend their pace with beating, and have not a leg to stand on. — " There," says the horse-dealer, buttoning his pockets, " I have got your money — take your choice — Hobson's choice, you know — that or none." To speak plainly, the uniform language of the Directors has ever been, that the most valuable portion of the land — the choicest districts — " doubly-selected lands" — should be open to the purchasers ; " that mere fertility of soil, though not to be overlooked," would be regarded as a subordinate consideration to other advantages which might reasonably be anticipated, and the purchasers were led to believe they would obtain their land very shortly after their arrival in the colony. The purchasers were therefore clearly entitled to expect that in the distribution of the land this subordinate but indispensable consideration — fertility of soil — would not be overlooked, and that every section offered to their choice would warrant the great outlay required to bring it into cultivation. The Directors have themselves acknowledged the force of the obligation at Nelson by entering into a fresh arrangement, allowing a re-selection of lands, or a compensation at the option of the purchaser, by giving increased quantity for inferior quality ; in short, by carrying out the spirit of their agreement according to a fair and reasonable interpretation. And why should the original purchasers, the men whose capital and confidence in the New Zealand Company gave vigour and stability to the enterprise — whose patient and enduring courage has braved the rude shocks of adversity that wellnigh threatened to overwhelm it — whose zealous cooperation with the Company in the long and bitter struggle which has recently terminated, crowned their efforts with success — Why should they be got rid of by a dishonourable artifice — by a low, dishonest quibble ? " There are no tricks in plain and simple faith : But hollow men, like horses hot at hand, Make gallant show and promise of their mettle : Hut when they should endure the bloody spur, They fall their crests, and, like deceitful jades, Sink in the trial." — The third claim, that the land obtained by the Company as compensation, on account of that part of the original purchasemoney to be expended in giving value to the lands of this settlement, should be devoted to its legitimate object, and not diverted to the benefit of the Company, who have no claim to it, Mr. Cowell affects to regard as so extravagant, that, after writing the " amount in words, in order that" Lord Grey " may not fora moment suppose, as his eye shall fall upon the figures themselves, that there must be some clerical error in the statement ;" and making a short extract from the " the Letter," he dismisses all further consideration of it by the suggestion of a Chancery suit as its most fitting and appropriate termination. Without going fully into this part of the subject, or repeating the arguments of the Letter, which still remain unanswered, untouched, we may refer to the correspondence between the New Zealand Company and the Government appended to the twenty-second Report of the Company, in which the former endeavour to establish their claim for compensation, as giving additional force to the claims of the Land Purchasers. The principal grounds on which the Company rest their claim are, the non-fulfilment by the Government of the agreements entered into with them for the grants of land, and the acts of hostility or injustice of the Local Government, in consequence of which " the Company's surveys were at once stopped, cultivation in n great measure ceased, numerous labourers previously employed by private persons were thrown upon the settlement in a state of destitution, &c," the result being the suspension of the Company's operations, and their inability to meet their engagements ; and subsequently, referring to the effects of Captain Fitzrcy's mis-govern-ment, they say — "By sudden and ill-

considered changes in his financial legislation, he unhinged all commercial enterprise. By. his measures equally inconsiderate with regard to the aborigines, it i 3 not too much to say that he involved first the Northern, and then the Southern, districts in insurrection and bloodshed." Their claim is in effect allowed by the Government, and a compensation awarded them liberal even to extravagance. But is it not clear that whatever claim to compensation the Company can establish on these grounds, that of the settlers is infinitely stronger? If the Company obtain compensation from the Government for the non-fulfilment of their contracts in granting them lands, have not the settlers who paid for their land eight years ago a much stronger claim on the Company? If they complain of the loss of capital and' the suspension of their operations, may not the settlers urge this complaint with greater force ? If through the -measures of the Local Government cultivation ceases, labourers are thrown in a state of destitution upon the settlement, commercial enterprise is unhinged, and the settlement suffers from all the horrors of insurrection and bloodshed —to whom is compensation due ? — to the Company who receive it, or to the settlers who suffer these aggravated evils ? — whose sufferings are made the occasion by the Directors of securing further advantages to themselves, and when reminded of their obligations, they either dishonestly repudiate them, or meanly seek to evade them ! Such are a few of the considerations excited by Mr. Cowell's report : we may take occasion shortly to notice the effect which the appointment of such a person must have on the iuture interests of the colony, and a few other points not yet adverted to in this cursory examination of the subject.

The Catherine arrived on "Wednesday from Port Levi. She brings intelligence of the ai rival of the Inflexible at Akaroa, where she still remained when the Catherine sailed. The owners of the different stock stations in the district had seen the Governor on the subject of their runs and their position with regard to the natives, and they are reported to be greatly satisfied with the result of their interviews. There were two whaling vessels lying at Akaroa. The Speed had arrived at Poi t Cooper with a cargo of sheep for Mr- Greenwood, but a great proportion of them had died on the passage.

The Governor Grey arrived from Wanganui on Thursday, with Capt. Henderson and a part of his company of artillery. The natives were quiet, and some officers of the 65th regiment, who had been on an excursion up the river, had returned, having ascended as far as Pukahika ; they had intended to proceed to Taupo, but the natives demanded £2 each for acting as guides.

New Appointments. — In last Thursday's Government Gazette the appointment of A. Domett, Esq., to the office of Colonial Secretary for this Province, and of Captain Sharp to the office of Harbour Master for the Port of Wellington, is officially announced. Capt. Collinson, R.E., has also been appointed a Magistrate of the Southern Province.

Sale of Stock. — At Mr. Waitt's sale on Thursday of stock per Eagle from Gippa' Land, the cattle averaged £10: 10 per head. The cows realized/the lowest price, £7: 15; the highest £17:10: the bullocks, the lowest price £10 : 6 ; the highest £15 : 15. The wethers averaged 205., and the ewes sold at 18s. each.

Programme of the Performance by the Band of the 65th Regiment at Thorndon Flat, on Tuesday, the 22nd February : — 1. Overture— l Puritani Bellini. 9. The rapture dwelling within my breast— Maid of Artois Balfe 3. Chinese Quadrilles Jullien 4. Aria — Pre aux clercs Her old 5. Le Bon Gout Waltz Strata* 6. Polonaise— Son Vergine Vezzosa — I Puritani Bellini. 7. Galop from the new Grand Ballet Le Corsair Bochta 8. The Nobility Balls Polka Jullien.