NEW ZEALAND SPECTATOR AND Cook's Strait Guardian. Saturday, March 19, 1853.
Within the last few days a rumour has been in circulation that some attempt will be made by certain persons, on " constitutional" or ? legal grounds, to oppose the land regulations recently published by the Governor. The opposition to which j we have alluded at present wears sue^»questionable shape, — at one time spoken of as a protest, at another taking the form of legal proceedings, — that it appears like contendingwith a shadow,or beatingthe air to take any serious notice of it. A great " constitutional" authority, it is said, has suddenly made his appearance on the scene and, like Lord Burleigh in Sheridan's play of the Critic, — shakes his head, — and by this portentous shakeof the head we are to understand that, though the great body of the settlers in their sim
plicity believe the opportunity of obtaining cheap land to be a very great boon, and on the very first receipt of the genceareindulgingtheliveliestdemonstrations of satisfaction, and are preparing to take advantage of these regulations,— itis all a mistake on their part, that there is nothinglike a sufficient price for the land, and that theCanterburytenns of purchase at £3 per acre must not be in any way interfered^vith. And if any one should entertain a doubt that this " constitutional" authority means " all that by shaking his head," the contriver of the piece is ready to answer for it that he means every word of it —if he shook his head as he taught him. The legality of the land regulations may be disposed of in a few words. Th& 72nd clause of the New Zealand Constitution Act, which confers the power of regulating the sales of the waste lands on the General Assembly, provides that it shall be lawful in the meantime " and until the General Assembly shall otherwise enact," for her Majesty to exercise these powers, and the 79th clause authorises the Queen to delegate these powers to the Governor. The latter clause is as follows: It sball be lawful for her Majesty, by any suchletters patent at aforesaid, or instructions under ber Majesty's signet and sign manual, or signified' through one of her Majesty* principal Secretaries of State, to delegate to the Governor any tf the powers hereinbefore reserved to her Majesty respecting tbe removal of Superintendent* of Provinces, and the regulation of the sale, letting, disposal, and occupation of waste lands, tbe establishment of Municipal Corporations, and tht preservation of aboriginal laws, castomt, and ■sagesThe Proclamation states that "such power has been delegated to the Governor by instructions receited through her Majesty's Principal Secretary for the Colonies." One of the main objections to the New Land Regulations, said to be made by the Opposition, is that the Governor has anticipated the General Assembly in giving cheap land, that they would havedone the same thing themselves if they could, and that this is " their thunder.". But if cheap land be a boon, it matter* little by whom it is conferred —and it is, certainly much better actually to have a good thing than to be waiting for it, to have the bird in the hand than to trust to the chapter of accidents for getting it. The settlers know what the Governor's Land Regulations are, and they receive them with the utmost satisfaction. If they could receive the strongest pledges that an equally liberal measure in all respects would be passed by the General Assembly, why should they wait indefinitely for what they can receive at once ? Another objection arises out of a desire to keep up the nominal price of land in order that it may still be offered at £3 an acre at Canterbury. But is it fair to the rest of New Zealand that a high price of land should be maintained in order to bolster up the Canterbury scheme? Wa# any land sold there while the upset price, of Crown lands was 20s. an acre ? And why are the settlers through New Zealand to be taxed at so high a rate to support a scheme which has proved a complete failure ? And we may venture to suggest to those who raise this objection that it would be well, if while tbey talk of illegality they can shew that no illegalities have been committed in the disposal of lands at Canterbury, and that living in glass houses themselves, they would be careful how they provoke enquiry. But after all, as we said before, these may be merely rumours that will shortly die away ; —that come like shadows, so depart.
The Katherine Johnstone arrived yesterday from Lyttelton, and reports that the Tasmania from London was entering the heads as she waa leaving.
An Inquest was held on Thursday, the 17th inst., at Reeves' Inn, Johnstonville, by Dr. Fitzgerald, coroner, on the body of Thomas Fairbrass, a settler of the Porirua road, who. was found dead in the bush on Wednesday evening. The principal witness examined waa James Taylor, a settler on the Porirua road* who stated that hearing on Tuesday night, March 15th, Fairbrass was lost, he and J. Wilmshurst proposed to make a search for him*
they arrived at Johnsonville at about 11 o'clock and saw Mr. Sim, and inquired if Mr. Fairbrass was found, he said no ; a parly had gone to Wellington to look for him ; about two o'clook the party returned but could not hear anything of him at Wellington. J. Wilmshurst, W. Taylor, J. Edwards and Taylor then went out ; this side Mount Misery they met a man named Voller, who accompanied them. J. Wilmhurst, Voller and Taylor went down a gully close to Mount Misery ; they discovered the track of a man down the gulley ; they lost the track and then took to another gulley, where they found the body about ten chains from the road side in s6me mud : his left elbow was close to the wate*%d he appeared tohave rolled off the side of the^hill from the marks on the side. The hill was very steep, he had nothing on him except a pair of- trousers, nis shirt and shoes were off, the latter were found about two rods from where he lay, the rest of liis clothes hare not yet been found. The deceased, who wts suffering from Amaurosis, caused by disease of the brain, was last seen alive on the Porirua road on Monday evening. Verdict — Found dead.
We understand that the negociations "which have been recently pending between the Aw* tioneers and a portion of the general buyers at auctions, nelatmg<-tQ the charge of lot money, have ended by the Auctioneers having liber^ ally consented to abandon the charge in future. We are glad to announce this as we have no doubt that it will give general satisfaction.
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New Zealand Spectator and Cook's Strait Guardian, Volume IX, Issue 796, 19 March 1853, Page 2
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1,133NEW ZEALAND SPECTATOR AND Cook's Strait Guardian. Saturday, March 19, 1853. New Zealand Spectator and Cook's Strait Guardian, Volume IX, Issue 796, 19 March 1853, Page 2
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