THE COLONIST. NELSON, TUESDAY, SEPTEMBER 27, 1859.

Colonist, Volume II, Issue 202, 27 September 1859, Page 2

THE COLONIST. NELSON, TUESDAY, SEPTEMBER 27, 1859.

" As truth is truth, And, told by halve-, may, from a simple thing By misconstruction to a monster grow, I'll tell the whole truth." Sheridan Knowles. Our readers will observe that our remarks are this day headed by a quotation which constantly appeared in that position some twelve months' ago. It was withdrawn from an impression that it was unnecessary; the experience of a year shews us that true reasoning is not always to be expected in the columns of a New Zealand journal, and we therefore once more unfurl our banner. We will not shrink from exposing abuses where such exist, and affect the body politic, and will not be silenced by the sneering inuendoes of those .galled jades that wince. It is not the part of an honest journalist to shrink from his duty even though he shouid be called upon to comment on the public conduct of the toost influential around him. There has been for some time past a serious depression in trade in our own province, and we fear that the heavy consignments announced in the last Home Neivs will not tend to give an upward tendency to the markets. The truth is*-- that there has been a great deal of speculative trading, and a consequent reaction has taken place. This follows in the natural course" of events, and is but the prelude to a re-organisation of a healthy tone; so far the better, and if the season of depression can be tided over without any vital injury, we may regard it as a blessing. . The laws of compensation cannot be overturned, and, as in the human frame a demand for excessive vitality is followed by a period of debility, so is it in mercantile transactions. . The great subject of discussion however amongst all, is our newly established District Court, and it is to this that we particularly claim attention before proceeding with that whioh is universally admitted as a necessary —an Insolvent Court. Taken in the abstract, any measure which has a tendency to repress undue trading or trading without capital, is advantageous to a community; it represses fraud, and is.the safeguard of the honest storekeeper. With the certainly, that punishment awaits him i the schemer pauses ere he purchases on credit to, sell at a loss, and so ruin * his neighbor who meets his engagements. Thus a Court with summary power is :a positive benefit, if not hampered by adjuncts which almost make the remedy worse than '_ the disease—we fully acknowledge the necessity of such a Court, but not such an one as we have. The English County Court upon which this is said, to" be modelled is very different, and we will give, one instance wherein -a-igreat difference occurs, that is, the expenses attendant ■ upon, bringing a ; case to. a hearing; the 'fees of the..Court itself are not heavy; but to .understand; the rules ofthe Court "thoroughly would require a slight apprenticeship:to some Dbtisph and i Foffg. We will venture to say that not ten" farmers" in the Waimea districts * could, if defendants in a case of disputed account, bring the matter to such an issue as Jo obtain judgment,, although in, the right, if op<posed to a clever orjeyen coirirnohjyi pragtical attorney! .'Bach person has'a right ib. :ariprar %r* himself; but to prevent, being rthrown out of Court uj^^omte.^dh'hicalit^* would puzzle the majority. 'Answer can

j be made to this objection—why not employ 1 a solicitor? and that very answer contains , thegroundwork of our objection. Why ; so trammel justice, that only through legal channels can she be obtained? We will answer that by repeating a conversation between two ladies' upon the matrimonial laws of England. Says one, " How -is it, my dear, that these laws are all in favor of the. men?" and the other replies, "because, my deaivthe men made them." Thus the rules of our District Court favor the lawyers because the lawyers made them. Though Justice is represented blind-folded, Law is not; she should be sculptured with her eyes, wide open —to her own interest, and in place of the scales, a blue 'bag and a bill of costs. We have our newly appointedjudge, and cannot pass by that appointment without remark. Mr. Travers is at the same time one of the most fit and one of the most unfit men that could have been placed in such ■a position. With regard to legal knowledge and-acumen we have none to equal him; he has honorably worked his way to success, and no man had higher claims for an appointment. He has already shewn himself superior to one of the absurdities of„a past age, we allude to the ridiculous custom of wearing a goats-tail wig. Those whose pursuits have led them to the higher Courts of Justice in England, know full well how much dignity is lost by that habit; the first who wore one in England was Saxon the.fool to Henry VIII. yLet us hope the Queen's coachman* will be the last.* Had the General Government appointed Mr. Travers to any other District Court but that of Nelson, we should have recognised the act as appropriate and the selection judicious, for we consider that a stranger is the fitting person to decide where neighbors1 disagree. It prevents any (eeling that interest had .an "even; involuntary sway; for though the educated mind which can comprehend.the legal merits of a .case can see the strict justice of an award, =the rougher and more untutored -will think that the private friendship ; ofa judge and plaintiff had influenced it.' : • Again, Mr. Travers is generally supposed to be connected with a business firm in this town, and the inhabitants of Nelson will view with much interest the first time vvhen a disputed case may arise such as Travers and Co. v Bung. When the plaintiff's books are produced in Court, as the bookj keeper swears; to the truth of the disputed | items, it may cause some amusement.to see the judge jotting, them down. Thus, then, we consider Mr. Travers as one of the most fit, and at the same time, most unfit]men to hold that seat. Any other he would have filled worthily, and with credit; tp; himself. With regard to an Insolvent Court, which we mentioned above, the need of such an institution has long been felt; and at a time when a new Court is prepared for the creditor, we may reasonably ask for some protection for the honest debtor. To the disgrace of New Zealand be it said,that she who claims for herself the credit qf being a representative of progress has suffered her laws to be made similar in effect to those of the old feudal, system, and the only instance known.anrjongst, civilised' nations. One class say, the worst you can do to a man is to hang him. If for a debt honestly contracted, and through misfortune not discharged, a man is to be hopelessly incarcerated,, up with your workhouses for -his wife and children. Will you let them wander through your streets gaunt with hunger, and seeking a nightly refuge in some half-roofed rotten shed? The system of credit.has been fostered by some .of our own merchants. How many p,f those,.now jhardly. . pressed have been actually 1 ured into their, position by promisesyof renewals and accommodation, the evidence of the District Court may prove; that: many assert it we know, will their testimony on oath bear them out ? It /is said that our new Court is but the first step towards ;establishing a commission of insolvency here. If so, we must accept it, as the patient does the probe, whichjs. to clear the wound before remedial action Vje set up. The trial is severe if such is the case, but yet can be borne if prospect of ultimate relief is [afforded. That such is l necessary the voice of a colony declares; and let -our judges, having amused themselves by making intricacies to furnish clients for their followers, now; do their duty In, performing a : ,tardy act of justice to that portion of New Zealand which does not appear in a black gown before their Honors the Justices. -------------------------------------------------- MR. HAAST'S EXPEDITION. THIS gentleman returned last Saturday from Queen Charlotte's Sound and the Wairau; .he was accompanied by Mr., Brunner, our chief-surveyor and Mr. VVilliam Groom. Upon reaching Marita Bay, where Mr. M'Cormick resides, being very dark, they were astonished to find what appeared to be a new rock, the sense of smell soon explained the enigma, and it was found to be the body of a whale, of which animal many it appears have been captured in that neighbourhood. This is the first intelligence we have received of such success, and hope it may be followed by further. After being hospitably entertained by Mr M'Cormick, the party proceeded to examine the geological nature of that part of the country which was found to 'consist' of a clayey state. 'There were about 20 acres of available land all very stony, and Mr. M'Cormick represented the hills around, which are very steep, as consisting of the same, bitterly inveighing against the person who had sold him such, representing it as good agricultural .land. Leaving in the boat, accompanied by Mr. M. and his son, they -------------------------------------------------- *The bar assumed the wig about I66 and as Alexander Stevens, in his lecture on Heads, humorously analyzes it—"there are special pleadings in the foretop, rejoinders, replications, and demurreres in the return of the curls, knotty points in the twist of the tail, the length of a chancery suit in the depth of a full bottom; and a serjeant's black coif as much as tells us that the law is a sort of blister plaster, and never to be used but in desperate cases." ------------------------------------------------------------------------------------

proceeded towards Waitohi, the rock still continuing of the same description until nearing the port, when it became interspersed with strata of quartz, much resembling in character the gold quartz of Australia. Whilst not holding out any inducement to prospecters, it was thought that the precious metal would be discovered if searched for. From appearances Mr. Haast conceived that a bed of conglomerate would be found on the other shore, and on crossing to the neck of land the property of Mr. Sinclair, the conglomerate was found containing fossils, but they were unable to procure any specimens. They then landed at the flat leading to the Maori Reserve, and walking through this, reached Waitohi. Leaving next morning they proceeded along the new road which is described as rapidly approaching completion as far as through the bush; but from Mr. Strachan's house there does not seem to have been much improvement repeatedly using an instrument to ascertain the dip ofthe strata. Mr. Haast was enabled to pronounce the whole range of hills from Waitohi to Massacre Hill to be of the same formation. It being now dark they made their way rapidly, across the plain to the ferry on the Big River and thence to the Beaver, the plain even in day time affording little or no field for geological research. Accompanied by Dr. Muller and Constable Earle, they made their next excursion in the direction of the Awatere, this time using Taylor's Pass. Workmen, it seems, have already been employed upon this track, for which it will be remembered a sum of money was voted last session, and when some gullies have been bridged over, it will, by report, make a good dray road from the large and important district of the Awatere, and its confluents to the Wairau plains, the Beaver, Waitohi, and even more commodiously for the residents in the Upper Valley to the Boulder Bank itself. In Taylor's Pass were found some'excellent specimens of calcareous limestone, and sufficiently abundant to be of value for builcling purposes. On reaching the plains they made; for the Blanch station where they were at once welcomed by Mr McRae. Some time was spent in exploring this district, and it was soon found to vary very considerably from all that tliey had previously passed through. The rocks here were basalt trachite, and other plutonic, formations; thus overturning the theory that the Kaikoras were the parents of the district, and showing that the Wairau arid the Waitohi were raised above the level of the waters long before some mighty eruption of natures had raised the Kaikoras to tower above the surrounding country. In the Awatere Mr. Haast found a small piece of copper ore, but not sufficient to furnish any definite indications. Unfortunately it was accidently lost on his return in Maxwell's pass, but he describes it as possessing in his opinion a large percentage of copper. The party then returned to Nelson through the Kaituna Valley, and so home by the new track, formed by Mr. Ogg.-----------------------------------------------------------------------------------------------------------------------------The Wangapeka.—About 10 o.'eloek on Saturday, night last, Dr. Hochstetter, his. Honor {the' Superintendent, 'and others, "returned froiri'"their journey, having Visited the Motueka Valley,'the Wangapeka, the Lake,' and the Wairau districts.. As might have been foitseen, the party were inconvenienced to some extent;hy the, unfavorable weather, the swollen state of the Motueka 'river i de-; taining them for a day and a.half; but notwithstanding this they made pretty good .progress. With regard; to tho Wangapeka gold-fields ;we cannot of course anticipate:tlie informatioiiithat weave to receive publicly from Dr. 'iochstetter himself, and therefore must refer ;to-that opportunity, which "we trust," will not only tell the gold-seeker. where he may probably find gold, but will also prevent loss of time and money through informing, us where such attempts will he followed by disap-. pointment and loss. A ■ ' , " Odd .Fellowship.—The' anniversary- of the Loyal Travellers' Rest. Lodge,-M.U., will be, the occasion of a dinner,.this evening, at the Wheat Sheaf Inn, Richmond. The advertisement states that his Honor the Superintendent will preside, and the attendance of others beside members is invited. On the following evening (to-morrow) | there.will-be a tea party,:shortly "after six ox-lock, to be followed by a ball. We hope the attendance will be numerous. -...-..,. Dk.! Hochstetter's Lecttxre.—-The Lecture liromised by this gentleman iri' connection with his explorations in our province Will -take place on Thursday evening next', the 29th instaritj at Seven o'clockjat the Wesleyan Chapel, ill, Hardy-street. We beg to call particular attention to ihefact that . admission can be procured Jay jtickets only, which can: be obtained on application to, Mr. Greenfield, at the Government office after /Wednesday mprning.y : y ; ~-* -yy •■:., -.-■i■;-.■■■.■■ . -^*:,- Sale of Horses. —On Saturday last, Messrs. N.Ed wards and Co. sold at auction'the whole of Mr. G. Potter's last importation per Prince Alfred.. The sale was a successful one, the prices obtained averaging thirty pounds per head.