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New Zealand Spectator and Cook's Strait Guardian, Volume VII, Issue 638, 13 September 1851, Page 3

[From the Government Gazette, September 6.]

An Address to the Crown by the Legislative Council, on the proposed extension of the limits of the Canterbury Territory. ibefore the Council August 2, ISol.) To Her Most Gracious Majesty Victoria, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith and so forth. We, Your Majesty’s most dutiful and faithful Servants, Members of the Legislative Council of New Zealand in Council assembled, in venturing to address Your Majesty on a subject of importance to the interests of many of the Inhabitants of this Colony, beg leave to assure Your Majesty of our loyalty and devotion to Your Majesty’s throne and person. From sources which are to be relied upon, we are informed that a certain Body of Your Majesty’s subjects incorporated under the Great Seal of the Realm by the style and title of the Canterbury Association of New Zealand, to whom Your Majesty has been graciously pleased to grant for ten years an exclusive right of sale and pasturage over two and a-balf millions of acres of the Crown Demesne in this Colony, propose, and are about to apply to Your Majesty for an extension of the territory already granted to them. We view with alarm the possibility of Your Majesty’s Government acceeding to such a request. Under the Regulations of the Canterbury Association, Land cannot be sold under three pounds an acre, of which two pounds are to be devoted to religious and educational purposes. But all Your Majesty’s subjects therefore who are not members of the Church of England are deprived of the right of using one of the finest and most extensive districts i in the country as a field for their enterprise, ' and a means of realizing those benefits in the ' anticipation oi which so many of them emi- ; grated to this Colony. But while the injury inflicted upon them is confined to a mere diminution of the advan-

tages the Colony would otherwise offer to them, a more positive injury has been perhaps inadvertently done to another body of Your Majesty’s subjects who were settled, before the Canterbury Association obtained its Charter, upon the lands which it has placed at their sole disposal. Above 200 souls are resident at Akaroa, who profess the Roman Catholic Faith- Every Landowner among those, before he can obtain an increase of the pittance of Land at present occupied by him, (to the acquisition of however small a portion of additional land he may limit his wishes), must for every acre he purchases contribute a sum of £T to the support of a religion he conscientiously disapproves of and dissents from. On the unfairness and hardship of this result of the monopoly of the Association, we trust it is not necessary for us to dilate. But the amount of injustice already done would be greatly increased by an extension of that monopoly to lands, the beneficial occupation of which is at present enjoyed or attainable by Your Majesty’s subjects belonging to the Presbyterian Settlement of Otago, or to that of Nelson, inhabited by a population composed of a variety of religious sects distinguished hitherto by their freedom from sectarian intolerance and exclusiveness, and for the harmony with which they have dwelt together in the same community. Still greater would be the unfairness to the actual land purchasers in those settlements, because while it is notorious that a considerable number of them have never obtained for the capital they invested in the purchase and cultivation of their lands anything like an adequate return, they have been, and will be enabled by the opportunity of occupying for sheep pasture the land contiguous to these settlements in some measure to redeem their losses, to recover their position, and to relieve themselves from the disastrous consequences which would otherwise attend their emigration to this Colony. The extension of the Canterbury Block beyond its present limits would tend to deprive them in a great measure of the advantages just stated, and which, in the case of the Nelson purchasers particularly, the difficulties they underwent in the early days of the Colony’s existence, we think it cannot but be owned they are justified in deeming themselves entitled to be maintained in possession of by an equitable and generous Government.

On behalf then of the inhabitants of New Zealand generally, and of the Settlements just alluded to in particular, we pray Your Majesty while allowing the Canterbury Association to carry out their great experiment fairly and freely, within the ample limits assigned them, to be graciously pleased to withhold Your sanction from any attempt on their part to extend these limits, and thus impose disabilities upon, and infringe the rights of others of Your Majesty’s subjects equally engaged with them in the arduous work of colonization.

Copy of Correspondence between Her Majesty’s Government and the Canterbury Association. (Laid before the Council July 9, 1851.) Duplicate, No. 62. Downing-street, 27th September, 1850. Sir, — It appears to me that I cannot adopt any better manner of making you acquainted vVim ciie views which Iler Ivlajesty’s Government entertain -with respect to the management of the affairs of the settlement recently founded at Canterbury, in the Southern Province of New Zealand, than by transmitting to you the copy of a correspondence which has taken place on the subject under my direction, with the Canterbury Association in this country. 2. You will accordingly make the necfissary arrangements for ’the affairs of that settlement, subject to the approval of Her Majesty’s Government, on a scale of the strictest economy which you may find consistent with effective service. 3. You will fully understand that it is my wish that you should exercise your own discretion in those particulars which I have here submitted to it: although subject to the exercise of that discretion, it is the wish of Her Majesty’s Government, that the founders of the settlement may have every possible facility for carrying into execution their own views as to its government-, and I fully concur in the opinion entertained by the Association as to the importance of securing harmony and general unity of action at the outset of their scheme of colonization. I have the honor to be, Sir, Your most obedient, humble servant, Grey. Governor Sir George Grey, &c., &c., &c.

(Copy.) Office of the Canterbury Association, 20, Cockspur-st., Sept 4, 1850. My Lord, — I am directed by the Committee of Management of the Canterbury Association to address your Lordship on the subject of the official appointments necessary to be made at Port Lyttelton. I submit for your Lordship’s guidance an estimate of the probable statistics of the colony as they will be likely to be found after the arrival of the first bodies of colonists. From the latest accounts we understand that there are now settled at Port Lyttelton, including natives and persons employed by the Association, about 500 persons. The four ships about to sail will carry with them upon an average, including women and .children rather less than 250 souls each, making together about 900 souls. The Association have ordered for survey two more ships. Probably by the end of the month of October two others will sail, making four altogether, carrying together an additional number of probably 1,000 souls. In addition to these, we suppose that stragglers from other settlements, together with persons sailing in other ships besides those of the Association, will upon the whole make up a population of from 2,500 to 3,000 persons. As regards the probable revenue arising within the colony, the Association have framed the best estimates in their power, both by comparative calculations of the revenues of other settlements in New Zealand, as well as by information obtained from the best sources. They will most readily place before your Lordship (if desired) the details of these calculations.

The result is, that they confidently expect the revenue accruing at Port Lyttelton will not be less than six thousand pounds (£6,000) a-year. So long B*s tlic wliolo of tlis Sou them Settlements remain incorporated as one province, this revenue will accrue to the common fund of the Province. At the same time your Lordship will, we know, recognize at once the equitable claim which the new settlement will have to receive a benefit proportioned to its contributions to that fund.

In the first place, therefore, your Lordship will no doubt think it reasonable (as indeed it is absolutely necessary, that provision should be made for the ordinaiy ju risdietions, both civil and criminal. At present the views of the Association on this point do not extend beyond the appointment of a resident magistrate and a sufficient number of unpaid magistrates: the Resident Magistrate being, for the present, the most important officer in the colony, would, as they think, be entitled to receive a proportionate salary, the amount of course will be paid by the local authorities. It should, however, in the opinion of the Association. be sufficient to ensure the services of a gentleman of high position and adequate ability. Of the unpaid magistrates, as they will involve no charge upon the revenue, I need at present say nothing further. There will be in addition various subordinate officers, such as postmaster, harbourmaster, commandant of the militia, and others of an inferior kind, besides the ne cessary staff of clerks, &c.

Your Lordship will perceive that, assuming our estimate of the revenue to be borne out by the result, there will be an ample fund for these various purposes. Indeed the Association are led to believe that after full provision for them there may be a surplus. These calculations are necessarily in some degree uncertain. The Association, however, would urec unon vnn»T.Ai.J ship to recommend the local authorities to make provision for the objects before mentioned to an extent proportioned (so far as payment is concerned) to the means of the colony. They do not desire to throw any charge upon the other settlements for their establishments at Canterbuiy. On the other hand, supposing there should be a surplus revenue after full provision for all their establishments, they would respectfully suggest to your Lordship the propriety of your recommending to His Excellency the Governor-in-Chief to adopt such measures as may be necessary for enabling the surplus to be applied for the benefit of the new settlement, in such manner as the Agent of the Association in the colony mav think best. J J

At the same time, I am to express to your Lordship the very earnest hope of the c-ciation, that at the earliest possible moment arrangements may be made for placing the management of the affairs of the new settlement in its own hands, a matter which they have no hesitation in pressing upon your Lordship’s considera-

tion, knowing it to be entirely in accordance with your own general views. They have received with great satisfaction your Lordship’s assurances fiom time to time, of your readiness to promote this object so soon as circumstances will permit. In their judgment, so far as they can offer an opinion, the future revenue of the colony will at once be equal to sustaining such a charge, and its population seems likely to increase rapidly. They forbear for the present from adding more upon this subject, upon which they will venture to trouble your Lordship at a future day. Reverting to the subject of the present temporary arrangements, I am desired to express the anxious wish of the Association that the appointments to local offices in the colonyshould.be made not merely with scrupulous care as to individual fitness, as to which, they might fully rely upon your Lordship and His Excellency the Governor-in-Chief, but in such a manner as to meet, as far as possible, the wishes and opinions of the colonists themselves. They think that the happiness and success of the colony depends in a very great measure upon this point, for reasons upon which it would be quite superfluous to enlarge, knowing as they do your Lord ship’s opinion on the question, and having received already assurances of your readiness to contribute to the end in view so far as lies in your power. They are aware that strictly the nomination to appointments in the colony rests with the Governor-in-Chief and local authorities, subject to the approval of the Home Government. Your Lordship’s recommendation, however, to His Excellency on this subject would no doubt receive every consideration from him.

The Association are aware of the intention of Captain Charles Simeon, a gentleman of high qualifications, brother to Mr. John Simeon, member for the Isle of Wight, and son of Sir Richard Simeon of Swanston, in the Isle of Wight, to settle permanently at Canterbury with his family at the end of the present or the beginning of the next year. They have received from the colonists now about to sail, an intimation of their wish that this gentleman should fill the office of resident or principal magistrate in the colony.

The Association are able confidently to recommend him for the office. He is a proprietor of land in the colony to a considerable extent. His service in the army—(from which on his marriage he lately sold out), —his habits, tone of mind, and general acquirements, eminently qualify him for such a position, his personal character and private fortune would add weight to the office—at the' same time that he would be personally most acceptable to the colonists. Believing that your Lordship will be ready to entertain this suggestion, you will no doubt desire to ascertain the views of the Association as to the provision to be made for the duties of the office in the interval, previous to Captain Simeon’s arrival in the colony. As to this, in order to avoid difficulty, it has occurred to them to submit to the Governor-in-Chief, with your Lordship’s recommendation, a proposal that Mr. Godley himself, the Agent of the Association, should be provisionally appointed. Mr. Godley’s character in all points stands so high in this country, that it would be needless to add any testimony on the part of the Association to his high qualifications. lam desired to convey to your Lordship, in the strongest terms, their high sense of his judgment, honor, and fitness, in all respects, for an office of trust and importance.

Should this suggestion be adopted, they will communicate with Mr. Godley on the subject, and they doubt not that he will, at their instance, undertake to fill the office in the manner proposed provisionally, and in the interval previous to Captain Simeon’s arrival.

Haying already stated to your Lordship the high opinion entertained by them of Mr. Godley, and the implicit confidence which they place in him, they do not hesitate to add a further wish on their part, that, as regards all the other local appointments, his judgment and recommendation may be accepted by the local authorities as the rule for selection, so far as possible, and to the utmost extent to which such a rule can be properly applied, I refer particularly to the appointment of unpaid magistrates, and those other subordinate offices to which. I have already adverted ; indeed it would be extremely satisfactory to the mmmoxvuuxvu xx tile luxe coUiu ior me present be extended to every part of the establishments in the colony. The peculiar advantage which they seek thus to obtain, is to ensure an entire harmony and unity of operation through the whole body of the colonists, and as far as possible to satisfy them. Mr. Godley’s

personal knowledge of fhn , qualifications of all the will be surrounded, will enivS erciso such a trust in the manner. H ls instructions f m „ ’.M ciauon, agreeing, as wo know with his own judgment, win LiJ U select from the colonists f or * tion in each department those can most advantageously bo aio service of the colony; and fied that in his impartial and di«to judgment the colonists as a bJ!’T’M implicit confidence. We thus hope to avoid th 08(1 > discontent which have not occasioned serious drawbacks to and growth of an infant colony 36 The Association are fully large discretion upon such a subtoi to must be necessarily left to the 1£ j ritics—a discretion which it would W* ly presumptuous in them to atfaJiT properly to control. At the sam e venture to make these suggestion 'I I upon the disposition of your lift : ready expressed, to entertain an aj 4 - of tins nature with as much cumstances will enable you. I lam desired by them to concto . expressing to your Lordship their 1 1 cordial and sincere thanks for the--A tion and assistance which they Z therto received from you in their I have, &c., (Signed) H. F. Alston, The Right Honble. Earl Grey, &c., &c., &c. (Copy.) Colonial Office, 16th September, 185 ft Sir,— 1. i am curetted by Earl Grey to acsnov. ledge your letter of the 4th of this manti on the subject of the official appointments necessary to be made at Port Lyttelton. 2. It will be his Lordship’s desire It meet, as far as possible, the views of & settlers both in respect of the arrangements to be made for performing the esseofi function of Governor in the new settlemat and in the selection of persons to hold fe new appointments which may be craia there.

3. Lord Grey will therefore instruct th Governor to take measures for proposin’! the Legislature to sanction such expendita as may be requisite to provide for them! of the new settlement, and as may be res sonable with reference to its contribute the general revenue of the colony. 4. Lord Grey will also make known! the Governor the recommendations wH he has received from the Association of Mt Simeon and Mr. Godley, with an intimitis that he will be glad if their services each made available in the manner proposed. 5. His Lordship feels, however, thath must (as indeed the Association anticipate, intrust a large discretion to the Govern whom he does not think it would be expedient to fetter by positive instructions. 6. He will also inform Sir George Gr?. that it is his wish that some municipal «■ ganization should be immediately gif ol , the settlement without waiting for the & pletion of more perfect arrangement') ? which measure as large a share as p<®» of the management of their own affairs#? be entrusted to them. . 7. His Lordship does not feel prep o ’", direct the Governor to be absolutely g®, by Mr. Godley in the selection of < trates, although Sir George Grey »•» doubt, be disposed to give all due that gentleman’s advice. * 8. A copy of your letter,, and of sent answer to it, will be immedia to patched to Sir George Grey, acco by the necessary directions, as soon consent of the Lords Commission 6 . Treasury may have been obtaine financial part of the arrangement. J have, &c., (Signed) B. H, F. Alston, Esq., Secretary to the Canterbury Association. .