THE REJECTED COMPENSATION BILL.

Colonist, Volume III, Issue 262, 24 April 1860, Page 2

THE REJECTED COMPENSATION BILL.

Our remarks on the following -interesting and important document must be deferred till Friday. In the meantime we recommend a careful perusal of it, with the ob* servation that it will well repay twice reading. To His Excellency, Colonel Thomas Gore Browne, &c, &c, . Superintendent's Office, Nelson, i ?> August 22, 1859. ; Sir—l have the honor to transmit herewith a Bill, passed in the last session of the Provincial Council of this province and reserved by me for the signification of your Excellency's pleasure thereon, entitled "An Act to authorise the Superintendent to purchase Crown Land for certain persons as Compensation for Damages sustained by them by reason of the Nonfulfilment of certain Contracts made by the New Zealand Company." I venture to solicit your Excellency's favorable consideration to this measure, and, for reasons which I shall endeavour briefly to bring under your notice, trust it may receive your Excellency's assent, and thereby permit an act of long delayed justice to be done to a number of highly deserving settlers, who were among the earliest in this province. The settlement of Nelsoift "a's doubtless you are aware, was founded about the middle of the year 1841 by.the New Zealand Company; and, as an inducement to the claimants under this Bill to emigrate, printed or verbal promises were given to them to the effect that they would be employed by the Company at all times, if from any causa they were unable to obtain employment elsewhere. That a large number, indeed nearly the whole, of the working classes did apply to the Company's agent for a fulfilment of this promise; and that they were obliged to do so cannot be doubted when the great disproportion between the number of land purchasers or .persons who were expected to be employers of labor and the artisan and laboring classes, is considered. The necessity for their doing so is evidenced by Mr. W. Fox, who for many years acted as the Company's agent here, and who, in his " Report of the Settlement of Nelson," published in the year 1849, thus writes: —*' When I took charge of the Company's affairs in 1843, there were only fifty laborers regularly employed by the agriculturists; also, out of about 3000 sent out by them 937 re-emigrated." Various steps were taken by direction of the Company to compel the claimants to forego their right to employment, such a» reducing the rate of wages far below the amount promised, obliging them to work in distant parts of the settlement at occupations they were totally unacquainted with; many of them being forced far away from their homes and families, with other annoyances which would not have been submitted to if employment couJd have been obtained elsewhere.

That instructions from the Company to their agents to pursue this and other similar conduct may reasonably be inferred from the following extract of a letter from the Company's agent at New Plymouth, addressed to Colonel Wakefield, the Company's principal agent, on the 31§t October, 1843:—

" You are aware that the emigrants to lliis settlement hold what they call Embarkation Orders, being a sort of handbill signed ' Thomas Woolcombe,' in which it is distinctly stated that the Company will at all times give them employment in the service of the Company, if from any cause they should be unable to obtain it elsewhere. Being unable to give any other interpretation to this promise than the words quoted seemed to imply, and yet bearing in mind that the Court of Directors view their engagement in a different light, I endeavoured to evade it by sending the applicants for employment a long distance from home, making no allowance for time spent in Hie journey or for time lost in bad weather. Tlie necessities of the men and their families were such as compelled them to submit for several weeks to these conditions; but many came home sick, and claimed the promised medical aid, and others commenced the trade of pig and sheep stealing, not having yet had time-to raise potatoes for themselves. It then appeared to me that the parties were really destitute j and I endeavoured tahnu

employment for them from the landowners, by paying tfieuvwagesf in part. Looking at the stringent instructions of the Court of Directors, not to admit the claim of anybody who had onco found w rk with a private individual to a re-:engageinent with the Company, I should deem it my duty to adopt the same rule with the whole population, were it safe to do so. The Company possesses a very valuable property here, in houses, stores, boats, &c, &c, which would assuredly be destroyed did 1 refuse to recognise claims on the .Companyfor employment or support. The private houses and stores would also be plundered." In the year 1844, Captain Fitzroy, as Governor of New-Zjealandv -visited-this- -province, when the conditiQli 'of many of the present claimants with others was brought befoue. his notice. The "frilthl-of. .their stafejnenls,'. with lfigai-d .Uf the rate of wages. ,and 'promises, was admitted indeed- corroborated kjr him in' my presence". Excellency, en that occasion, expressed deep sympathy with them, and regretted his inability to afford them redress, which,, he remarked, could, he feared, only be obtained through a court of law in England; The much to be lamented Wairau massacre had occurred some months previously to Captain Fitzroy's arrival, and amongst the claimants under this Bill are some who were engaged in that fatal affray; they having been called on to aid the legal authorities, and in some instances under the threat of instant dismissal from employment, if they refused to do so. Amongst this portion of the claimants are persons who were wounded, also widows and orphans of others slain. Shortly after Governor Fitzroy's visit, the New Zealand Gompany,actuated,itissupposedbyadesirc to force the Imperial Government into a compliance with its demands, dismissed the whole of the-'persons from their employment, thereby causing, within a very short time, an amount of distress arid' suffering scarcely or never before witnessed in a British community. . Various attempts have been made by the claimants to obtain redress for the losses sustained by them, and for the sufferings they underwent. At length, the attention of.the General Assembly was drawn, to the subject by Governor Wynyard, in his address, opening its first session in the year 1854, and who further • remarked on it when proroguing the Assembly at Auckland, on the 15th September, 1854, in the following words, viz. :— " With respect to the unsatisfied claims alluded to in my address on opening the session, it will now mainly rest with the Colonists themselves to determine in what manner, and to what extent, compensation shall be awarded to those who may be found to have just and unsatisfied claims to compensation on account of their losses and sufferings, arising out of the unfulfilled engagements of the New Zealand Company, and to which pointed reference has been made in the recent report of a Select Committee of the House of Representatives on the subject of that Company's debO' ■ The report referred to is entitled, "A Report of the Committee on the New Zealand Company's debt." - The membevs of tlie Committee consisted, of Messrs. Fitzgerald, Forsaith, Greenwood, King, Ludlam, Macandrew, O'Neill, Picard, Modi-o, Sewell; Robert Hart, Chairman. And the report contains the following remarks, viz. :— " When the Company charges the local Government with the misery and destitution of its laborers, it must not be forgotten that under imperative orders from the Company, its agents at Nelson upon four days' notice discharged upwards of three hundred laborers, who, with their wives and families, were entirely dependent upon it for subsistence; a considerable number of these men actually holding in their hands formal engagements on the part of the Company to find them employment when they could not obtain it elsewhere. The suffering consequent upon such a proceeding may be imagined, but can hardly be overstated." On the 24th October, 1854, the following commission was published from the Colonial Secretary's Office, Auckland, in accordance with addresses of the House of Representatives, dated 21st June, 1854:- * * * * "For the Province of Nelson, the Hon. M. Richmond, Esq., M.L.C.; Wm. Thos. Locke Travers, Esq.. M.H.R.; Jno. Waring Saxton, Esq., M.P.C." From the time of this appointment no steps appear to have been taken, until the passing of the Waste Lands Act of 1856, when an opportunity appeared to present itself for making compensation in laud; accordingly in the fourth session of the Provincial Council here, the first act passed was one empowering the Superintendent to appoint Commissioners to inquire info claims for compensation under certain contracts of the ]New Zealand Company. On the 26tU May, 1858, the day on which the fifth session of Council was prorogued, _ the Commissioners appointed under, the Provincial Act just alluded to, sent in their report. The Council however, requested that it might be referred back to the Commissioners for further consideration; this was done, and further evidence taken, and another report presented, from which emanated the present Act, the principle of which I am informed received the unanimous approval of the Council, .and'to which 1 should have considered it my duty to have assented, on behalf of your Excellency ; but that I believe it was the wish of the Provincial Council that it should be reserved for your Excellency's approval. There are several circumstances in addition to the justiceof the case, which I hope will have considera* ble weight with your Excellency in favor of these claimants, viz.—the very moderate amount of the sums awarded being very far below what is justly due to a large proportion of the claimants, and which they themselves are willing to accept, in. the hope of avoiding the expense and delay which would otherwise have been necessarily incurred, had the Commissioners (who were Alfred Domett, Commissioner of Crown Lands, Thomas John Thompson, Surveyor, and Samuel Kingdon, Solicitor ) gone into the particular sufferings of each individual claimant. The. fact also that the settlers of Wellington have some time since received compensaiion. under claims similar to these ; and that free grants of land are being made in'the province of Auckland to persons who may now arrive in that portion of the colony ; and lastly, the additional circumstance that the highly flourishing, state of the revenues of this province, exceeding as it does by a very large amount that of any previous year, would enable the respective amounts to be granted without any injury to the general welfare of the public. All these considerations will, I earnestly trust, induce your Excellency to grant this small measure of justice to a body of settlers, who, under the most trying circumstances of want and suffering conducted themselves with fi degree of honesty and peacef'ulness that was the admiration of all who witnessed it and were aware of the difficulties in which they were placed. I have, &c, (Signed) J. P. ROBINSON, • Superintendent. To his Honor the Superintendent, Nelson. Colonial Secretary's Office, Auckland, September 27, 1859. g IB __I have the honor to acknowledge the receipt of your Honor's letters uo.ed in the margin, transmitting the following Bills, which you have reserved for the signification of the Governw's pleasure thereon: — "Lund for Compensation Act, 1859.' " Naval and Military Settlers Act, 1859." " Compensation for Roads Act, 1859." • In reply, I regret to say, that the principle upon which these bills are based is open to a fatal objection. If it were permitted to be acted on i would be an evasion of the law, and migiit.be ' made use of to convert all the Crown Lands into land at the disposal of the Provincial Government, to the entire exclusion of the Land Laws of the Colony. I have accordingly been unable to advise Ins Excellency to assent to the Bills in question. I have &c.,'&c, (Signed) HENRY JOHN TANCRED, . ■"■■■ (In the abaenee of the Colonial Secretary.)

Mr. Saunders —The large number of memorialists who interested themselves in the libel case of Travers v. Saunders will be happy to hear that th« latter gentleman was liberated on Sunday morning last, shortly after the Airedale arrived, that vessel having brought the authority for the remission of the bentence. Although from tho pressure of late events this has i>een delayed longer than was expected, wo are glad that there is still an opportunity for Mr. Saunders to take his seat in the Council during the present session, and resume his usual sphere of political usefulness. The proposal to subscribe the amount of his fine (£150) has been declined Earthquake.—A rather sharp shock was felt in the town yesterday afternoon, about half-past two, o'clock; The .movement was quick and tremulous, but almost instantly ■erased.. " _ EiiOUß.—An advance in thi-r article has Occurred since, our last,, .best flour^being- now-quoted -etbyJiVi. ; .Wheat has MsQ advanced,' and varies from. 8s tb-'Ss'M. per bushel. This'is belie veil to be caused by growers, holding on for advances; -ptobabiy • tn"c'ojffSeiq*uence v of" anticipating still further accessions io -ourv population through the 'present-disturbed state of other provinces. Report of' Gaol Cd'si'mittee.— That it is desirable that an enlargement of the yard takes place at least 12. feet in the direction of the Lunatic Asylum. That a proper system of draining be carried oat, and that one or two ventilators be paced in the-sitting-room and privy. That in the event of any accession of the number of debtors than at present confined there, a. further enlargement, of the gaol would be necessary. That it is the opinion of this committee, though not coming with'n the limit of this report upon the investigation of the Lunatic Asylum, a better state of ventilation is necessary in the sleeping rooms of that department. Police Court.—On Saturday last, Captain Smith, of the brigantine Active, was charged at this Court with having landed a gun from his vessel in, opposition to the Arms Importation Ordinance. A fine of £100 was inflicted, the only appeal being to memorialise the General Government. The gun, which was of course forfeited, belonged to a Mr. Drew, passenger by the Active.