THE COLONIST. NELSON, FRIDAY, NOVEMBER 25, 1859.

Colonist, Volume III, Issue 219, 25 November 1859, Page 2

THE COLONIST. NELSON, FRIDAY, NOVEMBER 25, 1859.

As will be seen by advertisement in our ,colqfn'ns, ; it is proposed that a Memorial should be presented to his Excellency the Governor., ; qn-his arrival in Nelson.^ • That his advent will be of materialbene-. fit to us, we feel xier^ain; for so. long has the time been since his lapt visit, that the wonjderful alterations and improvements which four years have caused here, eaonot i help striking him. And he will," we hope,--perqsive that.Nelson,, dismembered as it is, j is yet -veoxtjiy the attention of the General 1 Goycrnmeiit. The Press of the other Provinces ---.have- been quoting' ..monoton^sij dirges saij^.bytheSwanof^^igairrStr^. -And-=w6-shduld/ifnotpaciaealiy^^aidted' •■ with the real inherent life arid power wfaieji« still e^iet here, be almost inclined to join in them; and ; lil?e the Indian who watdhes the grave of those fee' loved on earth, lay a small platter of provision to cheer the departing spirit of tiocal SelC-^o^ernment. r " The day has not yet arrke^ s f^# W l' diou;s attempts have succeeded in:.o,v { e^_ throwing that which the almost unanimo,us.: poice of the people demanded on th&t occa-: .sio?i when met on the site'where noCfS: rising the .result of tbeir labors'—the GovernV ment Office^ /from which shall ; emanatelaws": to regulate the requirements of. the Province, of which >W'■■& $$ rnagn^tic '-centre.- .' - ■■•<, •.<....-, ' t ■•■ <-■'-'■ : There are, however, other arid important measures; those which affectvn.ot_pnly ; us: individually as a Province, but wnich-JCa^ diate: in their actioa through the entire, Colony. And the Mei^drjal. we • have spoken of is one, some of the elwses of which will, we expect, be of equal importance to a]l jOther,Settlernents. , t , ,- < , :,; We think, aft&iJifit not without Reason, as we-find..that the ,satne <views are expressed' elseWhere, that the l^emiprial, which we look forward to as being adQp.te4v>his^enr, ing bjy m? own inhabitants, will arouse .an j echo in other cities;' and that if bis -Excel-! lency, continues his tour it will not be from

Nelson alone that He will hear the voice of the people. The evils which press heavily uppn us'ajne sUnilarJy -imposed .on all other un'dbr. the control of the Governor of New Zealand;,and though talcing thd initiative durselyes,* we fornnbut one molecute out ot the* Atomic -system' of these islands. .We are^ortunate in.^onp respect,, that is, that we aslTfor no relief, which does not as immediately, apply to our neighbors as otfrselves.' We'cannot be charged with Provincial egotism, the'first three, clauses containing-nothing-which'is not equally ,applicable to every settler in the entire colony. They will be worded, we hope, in a'ttiah'-* ncr which will prove at once our respect for the constituted authorities, but at the same time sh.ew4h.at we have a, purpose, that,vve wish to rid ourselves of heavy taxes, upon all. -- The first and most important is, that which prays lor a speedy legislation as regards disputes between debtor and creditor. No. act could.be passed which would place trade on a more healthy basis than that which would enable the creditor to put an end to the career of a reckless 1 adventurer, while at the s&me time'gtviiiga protection to those whom unavoidable" disaster "has followed fast and followedN faster,"-and the establishment of a court which should inqnire into the character of the ; transactions which have caused the failure. The various fluctuations which,. trade takes in a new and only half estab-'. lished country, may at times.shakeeven the; most solvent; and depending upon a change. for the better when times are bad, the most

honest amongst us may •be induced to speculate upon a rise of fortune which some unforseen accident may make '■ a .reverse. It is so essentially the character,of every 1 emigrant who has seen the results of the, labor of a kw past yearsj which have been * highly successful, to estimate tiie future by that past, that we can not class them j should they fail in their enterprise, amongst those who- would in a more established country

be dserned-reck-less traders. -Not a- year

passes but some new-discovery is jnade which tends to:promote speculation. Indications, lodes and seams of minerals are found, and the want of means to develop them is felt at pnee to be the necessity'to'

overcorri/b. V Errors njade in;previbus!years are corrected, and a new hope springs up that enterprise which, from that cause,;frad hitherto laid dormant, would be resuscitated with increased vigor. There are ■■ Tew amongst us Here but can say that'the for-; tunes the^y have acquired have' 'been, obtained from rediscoveries ma?te:of "the" natural advantages 'of the country we' inhabit. The sheep runs, which now.'maljei pastbral lords of our early settler^, but, a, few } ears ago went begging; ;,. ,V •Liable to such sadden rises of fortun6> we should have • been -careful to . ; provic!e - Against anysystem. which might cripple for: ever-1- the* persevering • and - adventurous. Human nature i&iiotJso perfect in reasonV ing as to make it : a..,cei <tainty Jth&ty.th® m6st tafeoted amongst our speculators i (and ws are iaothing but speculators from1 the moment we leave the mother .country) will always succeed.'' We reojuire then.'tn'at state of law .whieh_shf-ii: enable ; an energetic, though 'unfortunate njaa,' to re-commence his career of usefulness,' fhe chance which

.failed Jiim once may;:-J>u-t • w,pul<jl,, most likely not, fail him" on a second .attempt We have.-riches:ye^tp be deyelppedf ?and like the digger who abandons ooeeiajm w,e may find another and a richer, i Mteed from the immediate-liabilities he may have

Incurred," though not absolved from; his debts, we would give him - liberty to start afresh'arid Recover, not only* a-competence for himself, but a return to those who .had formerly been the losers <by. hfs unsuccessful efforts, This,' whilst making the of debtor and creditor, on.c or. mutual .self-re.-.li^n'pe, seems to be that which is sought for ■ ip v the $rst clause of this memorial.'vlf, {raud be. pw^d, let .more than a censure^ fall upon-the-.guilty i^eaH; let him be pub-r iicly acknowledge^ tp be^hatj which in effeethe is, a trickster and : a.rogue.; a^d; let him who has sought to defraud thepommunity be bound to give his labor .towards, those.works which wilj enhance the comforts of those whom he has, tried to cajole.

The second clause 'is one which all, we ! think, with the exception of the gentlemen of the'long, robe, will agree to. Here a present Justice crieth aloud in the streets and! there, is. none.to hear her—under six r and-eigbtpehce. A system, of .legislation, overburdened % Jees, makes men, avoid it. It would geem. a.'-mmpti m&pQ? Jo,deGide/ ; who is: in the wrong if tlie judge foe pro^.. and -yet fGMw :tte^ly S: tßat technicalities destroy the' essejic^jofj Justice which' seems merged,.into .;I/aw^ $ke greatest ; happiness^ of ■ the-• gre-atest nambefj^tt9|ia.feFred to thegreatest profitsfor thesmailestiew/;HQRC.^J|suS thatoakand; threefold braes vrere,about ti3e^ast,o|ti^:first: who; trusted to a bark on'a: treacherous "&6|#-* We land that not only .the. brass but gold-is wanting for those who will dare the aanger.qus! wave of tHe LawGourt.. Let the brassy remain if you will for the necessitated, actors. in such a7sceae K^t fet us,- if possible, spare ;theiegpld, ,; r y '■ ,".}:■-..:>.'> '; -rni^-A: 4v:The third' chme is also one a^Gti^jCuj,?. .neighbors -as ourSeHes," wefirid that the] , prayer.of it is that.the expenses now-atten-dant upon the-transfer'of• land property 4 ?hoj})4 '•■be' taken;into'lconsideratibn .witlra' Tie^ lo^ease |^c, present burden upon ariy t uliifortun^t'e^' ptui"<^a|eri;v ; Where a section prigihally represented by-o ; ne prown Grant &< been^Sijb^ky^ J^Csmai! -p^jrij^si Buchjas in cases wheFe building allotments ( are sold, the expenses,; p?sss .heavily.upoiv 0y frho wish to possess an; undeniable title" • to,thoir freehold^,. The two clauses-which; follo\V are locaji and! yyifi t^er^efbre carry; with them..p^l^va^riresjw^ interest 4;"TOe^rsufEcientl^ ,e^p!aj^ 'ifeenjV;' geh^s;;>aiici*'as r we have' already sstreichfici", ;fese:^giarks to sbm^dlength.;we ghallnot: pnter into detailwpon tnem. •

In conclusion- let,' us,, add that it is, we are assured, (he desire;of, every person who. has-been instrurn'entaTjn calling the public', meeting this e^enirfg that .our little potty' piques be- left at, home 'by- those who attend it. -Feeling the necessity of alteration in the m6re important questions, and -an.' opportunity 'occurring!of publicly statingthat conviction, it has been made available. Our Governor.has, we .well know no powerhimself to alter the law as it at present stands' but his influence can'go far.' [He represents^ to us the Sovereign of the empire, and the very- means we use of calling' dblonel Browne's,attention to our wants are,those which are used when addressing her Majesty, herself. 'Scarcely a day passes but addresses, deputations, or memorials are presented at the Royal residence; or during the frequent excursions her Majesty makes. There is;, therefore, nqthing out of order or unusual in such a proceeding as is proposed, ancl if the same course be .followed elsewhere, we shall have such, a " pressure from without" as will rapidly accomplish the ends we aim at.

We subjoin the clauses," which Will, we' are given to understand^ be^brpUght 'forward this evening :— * •*-*

That your memorialists have heard with much 'satisfaction that,a measure will be introduced into ihe General Assembly at their next sitting, by which it'is proposed, that an Insolvent Debtor's Gonrt; should be established in this colony. Feelin£the urgency of an immediate alteration of the present system, which in effect causes a perpetual imprisonment to an honest debtor, we respectfully beg your Excellency to give this matter such consideration as may lead to the earliest legislation on this subject. •

That the regulations of the recently established .District Court are in the- opinion of your Memorialists too complicated and expensive, inasmuch as thay necessitate tiie employment of a pi-ofessional man to conduct the cases-of either plaintiff or defendant, and they therefore pray that-youi1 Excellency' will cause an amended act to be introduced at the next sitting of the General Assembly for the purpose of.renderingproceedings.in the District Court more sitnpie and less expensive., .

That yonr memorialists find that the present system of conveyancing as necessary for securing a valid title to purchased freehold-property i%: top cumbrous and expensive ; they therefore; pray for the introduction of some measure wliereby Government can. grant a valid, title by a simple iregistration..,- .-^.•.- .- -- ■--■•■■' ■ ■■■■ ■■■■ ■■:■:-::r-:.

That:in cqnsequence of the present unguarded stat&of the Port arid City of Nelson, it-has been .thouglit desirable by many of-the:Jnha;bitarit%tof the province^ that a small battery should be erected on some one of the heights commanding.the entrance of the harbour, and it being .proposed that in addition to Volunteers: working] the above mentioned battery, a Volunteer Rifle Corps should be established; we respectfully ask from your : Excei- 4 lericy if such proceedings, would meet with.your, sanction, and whai assistance, in the way of Ordnance, small amis,- &c.v we might loofc/^orward to from the General Government of this colony, after the,regular enrolment of sufficient members to constitute an active and efficient body of men.

Lastly, we beg to; record our conviction that the Act allowing the provinces in their present -thinly inhabited state, to,'b> sub-divided into a number of small provinces, Is detrimental to tjie welfare ofthe colony; and that an: theicase"' of ari "overplus population; such division should only-take' place^at the desire; ; -of the majority of the pbpulatioh.^ With respect to'the dismemjberraen^.qf:|heiWAii^af«)ql.i Nelsohv we feei^ssui'e'd that •upon''clpse"'examination^, even the; requii-eriients of the Act ■■Have.not been complied with, and the whole proceedings liays bee;i illegal.

The Fmii- E?JGiNE.-hOn.- Wednesday-^evening last, after; rethaihirig in a totally qAiie^yejni stafe ; .for some months past, the Nelson;Fire';Engine.was;; put into'operatibn.for a purpose' almost as useful as that for whidh such machines are usually destined,7v'e Jn-igatioft; -pf. the. ground on the ChuVch Hill, which has lately undergone such vast improyeme.nts, and laying out; and which will .^ejCc)rp long» be-a. most ornamental-plantation of miQ. shrqbs. The water oh- this occasion had b,ee.n dii:e,cted through the' side branch-from the mill-lead niade .by-ile Wo.rks into ,Ti'.a-falga?-street d ; itch, s®A'}tyvasnbt&ei tji'at after the. communiflaitiou was made -from'lJie |ead,that it; took more fhaij half-a?j-hour for the wate^1 to reach the spot where the engins/.Jiad been-placed^vljz.,; opposite the-Instit-ution. The supply of waterhaving. ' been completed, -ihe, engyie was hoiked forabout a quarter of an hour mo.st -§q cqessfully,,; the hose pouring copious and refreshing streanis,' j to whatever portion of the grounds it wasdireeted; suddenly however, the supply ceased, the'engine refuse^'to .perforjn its office, andithe further prosecution of the 3.<Jsionlisd U> be abandoned after alterations had been atjtempte.d a ja.nd numberless suggestiofts.Sves'e.ina<le,"as to- the:fisiijs*auS ineanaof remedy. In this plight tiie inaclvine was"re"-li turnqd to irs house, and it remains for thosewho •; are cunning mJsuch matters: to say whether the .derangement is to be.found in the>valve,; oifi-on* otihej' ( cajisps, seriously speaking,, however, we ihirik that wHei) ■ 'the ihjiabitants of Nelson believe they possess the means of sob.d,uipg'a conflagration, tliat an exp.eriine'nt;r:qY'this fcrhd'proyes-to |?e;]ijn--r^liablfi, and tha,t more than"" half-AnJiour' ; befoi-je jyatfi)1 woujd r.eficii-a main 'sti-e.etshp.uld a, fire occur,, that tSiieyijshould by no ipeans rest'contented under the.cjrcuinstanGes, biit adopt measures that will improve the water sevviue. ai>d by frejqucnt u|6 she assured that the engine is in pfopey conditioii for an actual emergency, ' :

Public Holiday.—Laying the fo\indat{pn,stpne ■•of thei,Nelson C6llege- by Hi? Excellency. t]ie Governor is to be the occasion of; a Jholiday: at all : tJje Government offices, and -we haveybeßh led.'to .e^p.eei tjsat. tfeA. merchants -and ShMikeepei'S^of "jfels6n "y'^MlM^W ■'&? I^'^?ur^?^-J sJn'^nc •i-ender%>- ■$&■"'■&*&s*¥/}•'s i:'M^^-^' istancVot'the presence^fe?S FjW^W.O. gS^^pf. our public occasions. . V...' v ■:-•..-.•. .., Snniv Stealing.—M. Shannon and 3. Whiting, the two.inen : chaiged .with, stealing, a, -sheep, the property of Messrs. Scott and .Pratt', (reported in .MTJ^O wei'e again brought before the court on Tumaay lastp th,e evidence of J. Pratt was then. takeij whjch .cdji^rnied"the previous statements of ■tho cage,- ;^h"e men were again■l'ciflaHd^d.t.hiat.tJie liianager .of Captain Feavon's run might"£e' sent; for to also identify the.sheep, . _L. ..._

r fVjmwc M'EfETiNa—-We; call, atSntioii;?tb- ahadvertisement in this tissue announcing ."& puMfc meeting,this evening ut.the;.GddFelldvVs'":H;alifer the purpose of drawjng.-up aistatement^of Some of th.c remnrements of the^.pr6vince;» andlthe -means i.O..be 'aUoptfefi to p^ace such.befdre his JExcellency the <Jov.eioor.upon Jijs y|sit here. • •'.;

Society Q^/i-ißiENios'P^izß.EssAy.^so.i^p\timei-; ago prizes' were offered for the bestvessays. oni the Causes of the Decline iri-the Sociiety of : Friends The- adjudicators - were" : i?!? 153^01' . Nichol, the Rev. F. D. Maurice, rand .'the Rev. E. ; j^Fryce, , They report'that It has, after. careful been.detei-mint'd'that an essay, ibear4mgfr motto;fr<>& We £$Bil^of the'Torlr&iaM^V Sleeting, ofitW year $5^ Bl^iilcfi-ecbiFfi^l^'fi'ist'' , prize; and oiie boarin| tljte, r m.otio. " verbify),'iyfta,' ; Jiiix,"'the second 'pVizeV'^A^de^fe/^ having beeri< 'e'kpresse'd;hy-H)ib"'ladju1adjua ricaibrs^as.;.'ia;. ■ the felatiye place wljjolroHght tpUjp. assigpd^tq,: ■' jtwo |ucce&sftil es^s v ihe;doiiQrj."of,;|hfe prizes^ !'h^ '01^'Msly q&tim 'to, . make; tlie- s'ecoh^. prize. ■ %Uial to'the'firfef'' The^tl)(or/(Qfto^Kt;^a^.i;sr» -Mr. J; S, *!Rowiiitree, of York jl of the^ea'dnd, Mr.' Hancockj oi ifdttingh«m.

'^he following .is a reply; ti> .the Invitation to J* B. Wetnyss, Esq.;%hich appeared m our last: •To 'W\ I'L, Eyes, Esq., J.P..-,and the otheh. GentliEM-en Signing the1 Invitation. • , Gentlemen--1 1 thank you heartily for. the very kind anfl[complimentary terms in which you have invited me to meet you at dinner. . ' i I accept your invitation -with much pleasure, and as I hope* to'beTn the'Wairau in a few days shall be happy to arrange with your committee the most convenient time. • ■>"■'/ ; ' I detive- ■ increased gratification from this expression of youv confidence and.approbation^ as it' proves that the step which I took in accepting a seat in the Executive'Council,'has accomplished .(he object I had in view,that^of being enabled more effectually to promote* the interests of your district. ■ • i And-itris-bufc justice to thC'TTelson Provincial GovejrnmenHo say, that I found them equally" anxious with myself to carry on all necessary works in the Wairau,- and to accept cordially every suggestion which the greater local knowlodge circumstances had given- me, enable me to offer, as tothe1 best manner of laying out its share of the revenue. Again thanking you for"the honor you purpose conferring upon me, permit me^ gentlemen, although our political connexion has been rather abruptly severed by.the creation of your district into a new" Province, to subscribe myself ' ' " Your sincere friend and well-wisher, James "Balfour* Wemyss.