Editorial, Correspondence, and News




To your indulgence than any thing else, that you give me credit for honesty and purity of intention, to desire the good of all, the Government and people at large, or, in other words, the Country, rather than that of radically opposing the Government in the equitable establishment of the rights of the Crown, as well as subsequent interest of future Emigrants, and the effectual and beneficial establishment of the Governing Authority. In the first place I shall broadly state, that such is the feeling excited throughout the land, upon the principles and operation of the Land Bill being carried out upon the equitably acquired possessions of the antecedent local Colonists, that every opposition short of direct rebellion, must be looked for, and every inch of ground disputed with the feelings of despair. The unqualified, expressed determination to carry out to the utmost, the measure of the Bill, we might almost say, justifies such feelings, and is raising up in every quarter, an intent of opposition to the possession of the Land by the Crown, as well from the Natives as from Europeans. There can be no doubt, notwithstanding the disgraceful attempt of Government to purchase over again from Natives, land previously sold to private occupants, setting a dreadful temptation and example to breach of faith in opposition to that conscientious justice which pervades every society possessing any religion whatever, even, to Paganism. It is here confidently believed and relied upon, that notwithstanding such attempts, many bodies of Natives will be found to start up in support of those to whom they have sold their lands, forcibly to oppose the location of other persons, by the Government, without the acknowledged consent and desire of them, attached to them by old acquaintance, by mutual ties, by free access to their dwellings, and by intercourse which the earlier circumstances compelled to permit, none of which will ever be permitted with equal satisfaction to the Natives, by the new comers. Unaccustomed and disgusted with their intrusion, which, from the protection and independent right they will obtain from the Government grants, will cause them without any fear of consequences, to drive them to a distance, which, in the least consequence, will perpetrate an ill feeling, and ultimately will separate the white and black population reducing the latter through local Acts of aggression on the whites, to a state of depression and degradation little short of slavery.

I must here introduce the comparative view of a mode of acquiring positive and equitable possession of this Country, in accordance with the Government views and primary desires of the earlier settlers, and suggest, that it would have met every desire to have permitted private purchases direct from the Natives, subject to crown grants under established fees, to exemplify which, I must enlarge on this subject. I shall, however, premise, that it is a well-known fact, that from the independent feeling of the Native mind, no Sale of Land can or will be made, till the party has been in some way proposed and accepted as agreeable to the leading members of the Tribe, although, from the pecuniary advantages apparent, it might be presumed otherwise. Had, then, permission been granted to purchase from Natives, the Natives could effectually be protected, by making not less than a specific price per acre, to be paid to them in such goods or monies as they required; their release and payment being witnessed by the neighbouring Protector. But as in many cases Land could not be previously measured, the Protector, with others, might fix the amount to be paid to the Native’s satisfaction, and upon the measurement being obtained, or confirmation of the Grant, the residue paid over to Government in security for those Natives or their Heirs; the expense of survey and fees for confirming the Grant to be paid to the Crown in fixed proportion to the extent of land.

Through this means I propose to obtain every desirable end; just satisfaction to the Natives, not excluding the purchases by Government; secondly, due protection to the prerogative of the Crown; thirdly, moderate price, and agreeable acceptance of the purchaser, which would materially facilitate and diminish the expense of first location, and render families more secure and protected during the early unavoidable absence of the Parents; fourthly, a sufficient Land Revenue, through the fees obtained by confirmation; fifthly, a more ready acquiescence in the Ruling Power, in securing the Country from either outward aggression or inward tumult, by the good understanding that would subsist between the Europeans and Natives, which latter would then more readily and effectually merge and amalgamate into the European population, and in a few years render separate measures of government unnecessary. Lands required for actual Government purposes, can never be affected by any possessions acquired subject to British Law, because the Government can always retake any required, upon paying the value to the possessor—a necessary check to arbitrary pretensions, which might be used to destroy the business or property of an obnoxious individual; and, it must be observed, that every man is entitled to the full value of his exertions. The wealth of a country is the wealth of its inhabitants, and its power is derived from its moral strength, both of which would be destroyed by forced resumptions. It is rumored that land is to be given in some such cases, but that land may not be equally available to the individual, and, in many cases, is not equivalent to the place resumed; the immediate effect of the mere supposition, has both destroyed the value of some properties from 100 to 600 per cent., and stopped the operation of improvements advantageous to the country. As I am not actually procuring any system, I shall not urge now any other points which, otherwise, might advantageously be suggested; but, excuse this digression from the propriety of hurting the assertion of opposing positive measures, without propounding some substitute; and I now return, though, as I observed, a little irregularly, to my subject; and next meet the arguments of some persons in the discussion in Sydney who have stated, that the Settlers here well knew or believed, they could not purchase Land from the Natives, without being subject to the free and entire resumption of it by the British Crown. This I believe is the meaning, though, perhaps, not the very words used, I must most positively, individually, and as far as my individual knowledge extends, after nine years residence in this country, totally deny any such belief, or supposition to exist. And I support this denial by facts, first, that the prerogative right of the Crown was a subject not understood by any residents than in this land, and that it appears to have been a question of such legal difficulty and depth, that not merely the greatest strength in the Colony was brought to combat that claim as illegal, but that all that knowledge and ability comprised, in the New Zealand Company in London, with rank and talent at their head, was equally under legal mistake in their construction thereof, and upon this ground I will assume, that presuming, if any of the less informed Settlers had dreaded, any such conclusion, it would be under the impression too often operating on the minds of the foyer or others, Government being powerful would commit any arbitrary acts they chose, without curing what injury or injustice may inflicted on the poorer class of its subjects. That such should exist in any county against a Government, is much to be deprecated.

And is, surely, a proof of some wrong. The blessings of the poor follow the just and merciful administration of the law, and delegated authority must expect its share of odium and distrust, if, forgetting in the administration, it sully the nobler attribute of mercy, or by hasty measures destroy the, I should say, implied relief, the Sovereign is thereby enabled to afford, and which, in such cases, the technicality of the Laws have neither contemplated nor can defend. But have we not one equitable argument against the legal decision, that no precedent can be brought to shake the right of preemption and ejectment, assumed to exist in every previous case of other Countries, colonized under the Crown, not only under Great Britain, but all other countries? To answer this question we can only ask another, does there exist any positive and actual fact of private property being forcibly resumed upon the assumption of Royal authority over previous chartered or unchartered Land? If such can be produced let us consider upon the facts of the case whether or not such might not be forfeited under some act of treason or other legal liability.

And then, again, how many such isolated cases can be produced against the usual fact of the confirmation of all private property, which the promulgated declaration has removed the doubt and possibility of error. I confess I am in firm belief that no such good precedent can be established on the part of the Crown.

But it seems almost vain to start any opinion against the array of legal information the Colony must possess. Yet, in the absence of any notice of such cases, we have a right to presume, none to exist, and, consequently, look forward as a right to have extended to us this equitable judgment, and which, not one or two isolated cases be sufficient to overset, but that they be brought applicable in so sufficient a number, as to remove all room for complaint, in disposing the present just occupiers of the soil.

[To be continued.]

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

Sir, It is a source of very great inconvenience, to the Public generally, but more particularly to the inhabitants of Kororareka, that Mr. Crefuny should take all Mails arriving here, to Russell, to be opened, keeping the Merchants and Traders after the vessels have anchored opposite their own doors, at least 5 hours without the Letters being delivered, however important, they might be. No blame whatever can be attached to Mr. Oatnay, for every one is now aware that since he has been appointed Post Master of Kororareka, that he has done all in his power to oblige the Public in the speedy delivery of Letters and Papers. It is therefore to be hoped, that no doubt will exist that the Government will forthwith remove this inconvenience, by having all Mails opened at Kororareka Post Office, as being decidedly the most central.

Correspondent.

Oct. 30.

The French valet of Lord William Russell had been found guilty of the murder of that Nobleman, and was ordered for execution, on the 22nd June. He fully admitted the justice of his sentence.

The trial of the man who fired at the Queen and Prince Albert, was fixed for the 26th June.

It is stated that Her Majesty would present the Trial of the assassin to the museum in the Tower.

The Government has given the French revolutionists the bodies of Napoleon, at the cost of 1,000,000 francs.

Kororareka: Printed by G. A. Edgar & Co.




Online Sources for this page:

PDF PDF NZ Advertiser and Bay of Islands Gazette 1840, No 23





✨ LLM interpretation of page content

🗺️ Editorial regarding land policy and Crown rights

🗺️ Lands, Settlement & Survey
Land policy, Crown rights, Native land, Settlers, Land Bill

🚂 Complaint regarding mail delivery procedures in Kororareka

🚂 Transport & Communications
30 October 1840
Mail delivery, Kororareka, Russell, Post Office, Complaint
  • Crefuny (Mr.), Takes mails to Russell for opening
  • Oatnay (Mr.), Appointed Post Master of Kororareka

🏛️ International news briefs

🏛️ Governance & Central Administration
News, Lord William Russell, Queen Victoria, Prince Albert, Napoleon
  • William Russell (Lord), Murdered by his French valet
  • Victoria (Queen), Target of an assassination attempt
  • Albert (Prince), Target of an assassination attempt
  • Napoleon, Body returned to French revolutionists