Letters, Police Reports, Shipping




Adverting to the prior arguments in this letter, it is evident that the proposed limit of 2,500 acres, would effectually defeat any attempt on the part of moneyed capitalists undertaking to introduce any large stock of cattle, to the benefit of the country, more especially the farmer, who, without a moderate value on his cattle could never work the team or the plough to bring his produce into competition with that of Van Diemen’s Land, much less, to afford any support, by supply, to the Sydney market.

I shall not occupy your time, and valuable columns of your paper, by pursuing, at present, any further, the remaining arguments upon this point, as they must readily suggest themselves to be brought forward by abler supporters in a future discussion, which, as well as the points of our peculiar and early occupancy, the appropriation of capital, whether fortunate or unfortunate, and the many other local circumstances, in a country, not corresponding to any previous colonization, I trust, will be ably discussed; and, subsequently, by a meeting of creditable and able New Zealand Colonists condensed into an appropriate address or petition, through our excellent Lieutenant Governor, praying His Excellency of New South Wales to take such into consideration, together with his Council, to the end, that they being thereby more perfectly informed on the character and capabilities of this country, may recommend a greater extension of the royal favor, in the first occupancy of this country.

And I venture in conclusion to recommend each person in the first instance, to confine himself to such points as his experience may enable him the better to propound the same, and afford the framers the completest and best information to form their Address. — I am, Sir, your obedient servant,

A distant Settler.

To the Editor of the New Zealand Advertiser and Bay of Islands Gazette.

Sir,— On Monday last the Natives of Munganui, Sandy Bay, with "Puru Kurrhow," otherwise the "Noble," at their head, evacuated Munganui, after an unsuccessful attempt to establish his claim to the lands of this Harbour. His company consisted of about 250 men, generally, armed with muskets and tomahawks. We apprehended war would ensue, as the Natives in Doubtless Bay and the vicinity, mustered in numbers sufficiently strong and well-armed, to give him a warm reception if he had made the first attack, as was expected. After lying encamped at Poro Poro, on Messrs. Thomas and Phillips' ground four days, Warekowri returned from Paihia, (where he had been to have an interview with His Excellency) when a meeting of the hostile Chiefs took place, and instead of fighting, they adopted the more rational and Christian plan of debating the question. This lasted about three hours and those of the white population who could understand them, were treated with a fine sample of Native eloquence. The names of all the places he laid claim to were severally canvassed over, and after retreating from one to the other as he was defeated in his attempts to convince even those of his own party, he came at last to the only place he was admitted by him to have any claim to, and this is a steep hill, forming part of the rigid hand Heads of the Harbour, where his party had hoisted the British Flag, and even this he has since lost by conquest. The last argument he made use of, betrayed the weakness of his cause he asked Akewu and Warekowri, the two head Chiefs here, why they interfered with it, as they had sold the land to the white people, and was not their’s now? evidently intimating that they would not lose by it, and they might as well let him get another payment for it.

All those who have had experience in purchasing land of the Native Chiefs must be aware of the frequent attempts made by others, after a purchase, to obtain a second payment, and they often succeed, in consequence of the Chief who has sold and settled, feeling no further interest in it and would connive at, rather than prevent one of his own countrymen extorting a further sum. This should make us look very suspiciously on a Native who lays claim to lands already sold by others. We are happy, however, to say, this is not the character of Warekowri or Akewu, the principal Chiefs of Cornfii and Munganui. Their mother was sister to the noted Chief Shongeeka, who went to England, and was presented by George the Fourth with a suit of armour and their father was the "Tinpsr," who owned this place before them, it having been given to him by the Pooroa and Arippoe, the head Chiefs of the Turra Howa Tribe at that time likewise, the father of the present Chief, Noble, was present when the others gave him potatoes to plant at Munganui Ooruru. They have maintained possession ever since—nearly 30 years—and cultivated very extensively. In proof of their industry we need only mention, that the settlement of Ooruru alone has supplied upwards of a dozen vessels, chiefly whalers, with potatoes and corn, besides all the settled white population; we should imagine upon a rough calculation, they have sold more than two hundred tons of potatoes this season.

We, the undersigned, landowners of Munganui, have been uniformly guided by a principle of justice towards the Natives, in our purchases; we have ever respected the right of possession, and satisfied the actual cultivators of the soil, where we have bought lands occupied by Natives.

The Chiefs of New Zealand acknowledge the claims of those to lands where they grow their potatoes; and, surely, a Government, established here from civilized Europe, will look favorably on a Native law, founded in justice, and approximating towards civilization. What claim, we would ask, can conquest simply give to land three or four generations ago, unless followed up by possession, in opposition to those who have since conquered and possessed it for two generations, and are now living on it? Such a principle admitted, and all would be confusion; we may go back, ad infinitum, to Adam, for in the majority of cases the lands have changed hands twenty times in a century.

Let us ask again, what would be our position had we purchased of Natives living forty or fifty miles away? Could we ever have obtained possession of the lands? Certainly not. And the probability is, that if we had made the attempt, six or eight years ago, our lives would have fallen a sacrifice, such purchases may suit very well for armed powers who can enforce possession, or take it if they please without any payment at all, but of the private individual the supposition is quite absurd.

The purchase of the settlement of Ooruru has been attempted, and we understand part of the payment made, but to whom we would ask? Not to the occupiers, and real owners, but to a tribe living a long way off, who feel no interest, and have no equitable claim at all in the land. We trust the Commissioners at the Court of Claims will proceed on broad principles of equity, such as will be acknowledged and understood by a people just emerging from savage life, and not upon subtle points of law that puzzle the learned, and would be quite incomprehensible to the New Zealander. Is the industrious hive at Ooruru to be unhoused, a settlement stretching ten miles up the beautiful river, the greater part fenced, land, consisting of two hundred Native houses, and, probably, four hundred individuals, because a distant Chief, who knows little more of the place than the name, chooses to sell them like so many slaves? Quite absurd! And the "Noble" and his party will learn, if they make the attempt, they have to deal with free men, and as great warriors as himself. We trust the Commissioners as well as the public, will deprecate the principles on which such purchases are made, because the distant party sets no value on lands so remote, that yield him nothing; he would sell 100,000 acres for the price of 100 near his own settlement, while there is a manifest injustice to those who occupy and have an inherent right in the soil. Our titles to the lands we have purchased in this Harbour have been tried and found "not wanting," and are now settled beyond a doubt; and we confidently assert, if they are not good, there can be no title good to lands purchased in New Zealand. True, the broad arrow was clapped on us for a short time, but we trust ere this reaches you, His Excellency will have withdrawn the prohibition, which has operated so seriously to our injury; We shall be happy to treat liberally with Government for any lands they may require to purchase in this Harbour.

We are, Sir, your obedient servants,
Clement Partridge,
William Butler,
Hibernia Smyth.
Munganui, 22nd July, 1840.

POLICE REPORT.
Kororaritza, Thursday, July 3d.
Before Thomas Beckham and John Johnson, Esquires.

Dennis M’Carthy was charged by Mr. Ewing M'Lennan, with a violent assault on him, committed on Friday, the 24th July. It appeared by the evidence that M’Carthy was in the act of drawing up his boat in front of M’Lennan’s house, when the latter, having desired him not to place the boat so high in the path, and proceeding to move it himself, was struck by the prisoner a blow on the back of the head, so violent, as to break the oar with which the deed was perpetrated and to knock M’Lennan down senseless into the water. M’Carthy in defence said, that he had repeatedly cautioned M’Lennan not to push off his boat.—Committed for trial, but subsequently bailed. Mr. C. B. Brewer appeared for the prosecution, and Mr. Whittaker for the defence.

Russell, Saturday, August 8th.
George Way, William Bunker, and William Taylor, of the American whaling barque Helvetia, were brought before J. Johnson, T. Beckham, and E. Mathews, Esqrs., charged with an assault on the persons of two Natives. It appeared that a woman had been taken on board the above ship by one of the men, of her own will, and that the Natives, when they went to take her away, were assaulted. They were fined £1 each and costs.

Thomas Grenville was charged with an assault on H. Buller. The prisoner was admitted to bail to appear on Thursday, the 20th inst.

D’Donald, who was charged with forgery, and escaped from prison, we understand, has delivered himself up, and is awaiting his examination.

Shipping Intelligence.

Aug. 6.—Sailed the barque Brougham for Port Nicholson, and the ship Clytia for Sydney, with the following passengers: Dr. Palmer, Mr. Keck, Mr. Lucett, Mr. Empson, Mr. Perry, Mr. Williams, Mr. Mullens, Mr. M’Lennan, Mr. Croft, Mr. M’Cochen, Mr. Sandford, Mr. Cosgrove, Mr. and Mrs. Young and nine children, Mrs. Houston, and 12 in the steerage.—Henry Thompson and Co., Consignees.

Mr. Christie informs us, that the Fair Barbadian had arrived at Kaipara from Sydney.

Printed and Published by G. A. EAGAR & Co., Proprietors, at the Office, Turner’s Terrace, back Square, Kororarika, Bay of Islands, New Zealand, where, and at Mr. W. Wilson’s Rooms, all Orders, Advertisements, and Communications to the Editor are requested to be addressed.




Online Sources for this page:

PDF PDF NZ Advertiser and Bay of Islands Gazette 1840, No 10





✨ LLM interpretation of page content

🏛️ Letter regarding land limits and colonization (continued from previous page)

🏛️ Governance & Central Administration
Colonization, Land claims, New South Wales, Lieutenant Governor

🗺️ Letter from Munganui landowners regarding land claims and Native relations

🗺️ Lands, Settlement & Survey
22 July 1840
Munganui, Land claims, Native relations, Ooruru, Land purchase
13 names identified
  • Puru Kurrhow (Chief), Claimant to Munganui lands
  • Thomas (Mr.), Landowner
  • Phillips (Mr.), Landowner
  • Warekowri (Chief), Principal Chief of Cornfii and Munganui
  • Akewu (Chief), Principal Chief of Cornfii and Munganui
  • Shongeeka (Chief), Noted Chief
  • the Fourth George (King), Presented suit of armour to Shongeeka
  • Tinpsr (Chief), Former owner of Munganui
  • Pooroa (Chief), Head Chief of Turra Howa Tribe
  • Arippoe (Chief), Head Chief of Turra Howa Tribe
  • Clement Partridge, Landowner
  • William Butler, Landowner
  • Hibernia Smyth, Landowner

⚖️ Police Report, Kororaritza

⚖️ Justice & Law Enforcement
3 July 1840
Assault, Forgery, Police Court, Kororaritza
10 names identified
  • Dennis M’Carthy, Charged with assault
  • Ewing M'Lennan (Mr.), Victim of assault
  • C. B. Brewer (Mr.), Lawyer for prosecution
  • Whittaker (Mr.), Lawyer for defence
  • George Way, Charged with assault
  • William Bunker, Charged with assault
  • William Taylor, Charged with assault
  • Thomas Grenville, Charged with assault
  • H. Buller, Victim of assault
  • D’Donald, Charged with forgery

  • Thomas Beckham, Esquire
  • John Johnson, Esquire
  • E. Mathews, Esquire

🚂 Shipping Intelligence

🚂 Transport & Communications
6 August 1840
Shipping, Arrivals, Departures, Port Nicholson, Sydney
16 names identified
  • Palmer (Doctor), Passenger
  • Keck (Mr.), Passenger
  • Lucett (Mr.), Passenger
  • Empson (Mr.), Passenger
  • Perry (Mr.), Passenger
  • Williams (Mr.), Passenger
  • Mullens (Mr.), Passenger
  • M’Lennan (Mr.), Passenger
  • Croft (Mr.), Passenger
  • M’Cochen (Mr.), Passenger
  • Sandford (Mr.), Passenger
  • Cosgrove (Mr.), Passenger
  • Young (Mr.), Passenger
  • Young (Mrs.), Passenger
  • Houston (Mrs.), Passenger
  • Christie (Mr.), Informant

  • Henry Thompson and Co., Consignees

📰 Printer and Publisher Notice

📰 NZ Gazette
Printer, Publisher, Kororarika
  • G. A. Eagar & Co., Proprietors
  • W. Wilson