✨ Petitions and Memorials
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on our comrades, in so far as it prevents traders forming stations all round the coasts, in order to collect the produce of the Natives, and stimulate their industrial energies. Such trading existed at one period to a large extent, but is now almost destroyed; and thus the very foundation of the prosperity of the colony has been swept away.
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We think it most unconstitutional, as it is contrary to all fairness and justice, for the Governor to retain in his hand an engine of such power as this Ordinance, by which, at his option, he may crush any individual settler he may think proper, while some may, and are permitted to violate this law with impunity, and reap a benefit which is denied to others. This has been carried on in practice to a large extent, and we have every reason, on this ground alone, to expect the abrogation of a law which cannot be made applicable to all. If it were generally carried out, it would uproot the whole internal trading and industrial occupation that now exists, besides stirring up rebellion among the natives.
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As a still further reason for the abolition of this Ordinance, we would call to the recollection of Your Excellency and Hon. Council a promise which was held out to the community that the Native Lands should be brought into the market, in an Official Notice published in the Government Gazette, dated 15th June, 1846, wherein, after stating that His Excellency would no longer permit the continuance of the pre-emption system, the notice went on to say, that His Excellency "will, however, not fail to endeavour to devise and introduce some system by which lands, the property of the Natives, may be brought into the market, under such restrictions as are required by the interests of both races."
In conclusion, we would earnestly impress upon Your Excellency and Hon. Council the urgent necessity for the immediate throwing open of the country to the enterprise of the settlers, without which the colony will be abandoned by great numbers, from the utter hopelessness of all advancement so long as the present policy is pursued. We beg to assure Your Excellency and Hon. Council that many of our best colonists are about leaving the settlement, much more by reason of the state of things already the result of Government, which has completely shut up the country and impoverished us, is still persevered in, than because of the superior attractions of California. We repeat, therefore, that a different system is imperatively demanded, unless the disintegration of this Province is looked upon with indifference. If no such change be adopted we feel called upon solemnly to warn your Excellency and Honourable Council of the disastrous consequences of such refusal. We have no power—wanting representative institutions—to aid ourselves in the present emergency. We have not the power to oblige the Council even to hear our appeal. But should it unhappily be slighted it will remain on record that we have both foreseen, and done our utmost to provide against, the coming storm—thereby absolving ourselves from any share of the blame arising from such a calamitous result.
Mr. Merriman presented a Petition from Mrs. Forbes, of Onehunga, relative to her claims to certain land at Onehunga. Petition read and received and ordered to be printed.
To His Excellency the Governor-in-Council of New Zealand, and the Honorable the Members of the General Legislative Council, now assembled.
The Memorial of Margaret Forbes, of Onehunga, widow,
Respectfully Sheweth,
That, from family circumstances of peculiar hardship,—well known to the community—the support of a large family, even in number, was thrown upon your memorialist, who, finding herself otherwise unable to maintain herself and family, availed herself of the Proclamation issued by Governor FitzRoy on the 10th October, 1844, and purchased from the native owners a small portion of land, situated at Onehunga, supposed to contain about eight acres, though the act, on measurement, on being surveyed, proved to be nine acres, three roods, and thirty perches. Small as the amount of the required purchase-money was, viz., nine pounds ten shillings, your memorialist was unable to pay it without disposing of a watch and the rings off her fingers—which, though of little intrinsic value, were only parted with through extreme necessity.
That, by her own industry and ceaseless exertion, your memorialist succeeded in getting a small raupo house erected, for which a bush license to sell spirits was obtained, and she was thus enabled to maintain herself and family.
That the claim for the land was duly heard and proved before Major Matson, the Commissioner appointed for that purpose, whose favourable award was made and notified in the Government Gazette for 1847, page 96; in which Gazette it was likewise officially intimated that the title deeds for this, as well as various other claimants' lands, were in course of preparation.
That subsequently to this notification various verbal statements were made by the Surveyors, as if from His Excellency, to the effect, that the Government could not permit your memorialist to retain so large a piece of ground, and that four and one-half acres only could be allowed. Your memorialist being entirely ignorant of her legal rights in the matter, and being unwilling even to seem to oppose any proceedings of Government, had suffered the said four and one-half acres to be pointed out to her. Fences were erected, and other expenses incurred in cultivating this land, when, in a short period afterwards, another Surveyor appeared, who intimated the necessity of desisting from further cultivation or making other improvements, as four and a-half acres were more than His Excellency the Governor could now give, and that a grant would be made out for about one and a-half acres. Shortly after this verbal statement an official circular was received from the Colonial Secretary, stating that the deed for the acre and a-half was ready, and that if it were not taken up within one month, and the fees paid thereon, the grant would be cancelled.
That your memorialist, fearing that her right to the whole purchase might be compromised by such an act, did not at first intend taking up her disinherited grant within the specified time, but various verbal intimations of the necessity of doing so without delay having been made to her, she at last became alarmed lest even the remaining one and a-half acres should be taken from her; or that they might be still further reduced in quantity as on the former occasion. Acting under these fears, she was induced to take up the grant in question. She has still retained possession of the land however, and on the Surveyor attempting to survey it some time ago, she refused to permit him, and pulled down the flags which he had placed on the ground, her feelings of irritation and disappointment at seeing the land thus torn from her, which she had acquired with such hard and incessant labour, having overcome, perhaps, her better judgment.
That your memorialist, in taking the grant for so small a portion of her honestly acquired property, had no intention of waiving her claim to the remainder of the land; and therefore, at the first meeting of your Honorable Council, throws herself with confidence upon its consideration.
Your memorialist, therefore, humbly prays that the Council may be pleased to take the matter into consideration, and to grant such relief as to your Excellency and Honorable Council may deem meet.
Mr. Merriman presented a Petition from certain persons, claiming Land under the proclamation of Governor FitzRoy of 10th Oct., 1844. Petition read and received and ordered to be printed.
To His Excellency Sir George Grey, K.C.B., Governor-in-Chief of New Zealand, and the Honorable the Members of the General Legislative Council of New Zealand, in Council assembled.
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Memorial from Inhabitants of Auckland
(continued from previous page)
🗺️ Lands, Settlement & SurveyNative Land Leasing, Land Purchase Ordinance, Auckland, New Ulster
🗺️ Petition from Margaret Forbes regarding land claims
🗺️ Lands, Settlement & SurveyLand Claims, Onehunga, Native Land Purchase, Proclamation
- Margaret Forbes, Petitioner for land claims
- Mr. Merriman
🗺️ Petition from persons claiming land under proclamation
🗺️ Lands, Settlement & SurveyLand Claims, Proclamation, Governor FitzRoy
- Mr. Merriman
New Ulster Gazette 1849, No 21