✨ Editorial and Correspondence
late. And yet such is the wrong committed by this enactment.
Moreover, on the simple question of the value of the land, never was devised a more awkward way of arriving at the truth. The actual value of this species of property, is that, which arises from the practices of the civilized world brought to bear upon that which before was comparatively isolated and untouched. This law however, seeks to reduce New Zealand, both in its Native and European population, to the condition it had been the one part were reputed cannibals, and the other alleged to be the very dregs of human society, the refuse of our London gaols. It was such persons as these latter who it is affected to believe, were the acquirers of lands from such beings as the former, and that at no very distant period I stay not to consider how truly. But be it as supposed, the present race of Colonists are to have their interests reckoned by such a standard. Here are Merchants and others, highly respectable men both in standing and character; who have imparted to the land all the value which their rank, character, and enterprise could bestow. But these are to be overlooked because they were not the first purchasers—or if compensation be made them at all, it is not to be reckoned from their own merit, but according to a scale drawn from a state of things altogether below the present. And the clause which enacts these things is the only one in the whole Act which even pretends to the doctrine of equity.
But just consider this mode of judgment. For instance—say that a person has given to the Natives the value of £200 for a quantity of Land—and this is supposable because men of enterprise are gifted with foresight in the value of property. By the schedule it is to be determined how much land he should be entitled to at 1s. per acre. Of course the grant should be 4000 acres. But the Act declares that he shall have no more than 2000 acres, unless it be by special favor. Is he, then, to have the difference refunded to him? If not, who is to have it? Who does not see that there is a discrepancy here highly adapted to throw an air of suspiciousness upon the whole scheme?
Again—the land for which the highest price would originally be paid, is that which is contiguous to the water, and suitable for the formation of Settlements. The purpose for which this land was purchased render it essential that no other should be substituted for it, and at the same time renders it certain that no actual equivalent could be given. Yet, by this and the next clause of this Act, this land is to be estimated, like all other and without any discrimination whatsoever—by a schedule of the rates of original purchase, while, on the other hand, the Government takes care to discriminate in its own favor between this land and all other, aiming it altogether for the very reason that it is fit for a township, the only consideration in the matter of the slightest consequence to the holder. Why may not he hold his property therein by a schedule adapted to it. Why? Not because he has not earned it, nor because he has not paid for it, nor because he knows not how to value or improve it, nor because it is to be restored to the Natives with all its accessory value above the first—but because by his example in selecting it for the site of his trade, he has taught the Government how to value it. The very name of equity is now become a burlesque—and as to policy and wisdom, never, surely, did such a specimen of the edicts of these attributes emanate from any Legislature but that of Sydney! As to the provision in the bill clause, that when such land is resumed by the Crown, compensation shall be given according to the value of the land, it is not worth mentioning, in any sense, to the Governor of New South Wales, in equity he has never seen.
from any lot of land, good, bad or indifferent, compensation for one town acre at Kororareka, Auckland, or any other principal township! This is the very climax of legislative acumen. I can have nothing more to say after this; I can only revise the common saying "it is too bad to be true."
I may trouble you with one more letter yet, in which I will be as brief as possible.
Civis.
(Concluded from our last.)
The natural effect in forcing the Natives to receive a greater price than satisfied them for their lands, has had the consequence of raising the slime to Government, who will be reduced to the necessity of forcing a price upon the Native Proprietors or paying very shortly so much higher a rate, that their remunerating price to Emigrants will soon turn the tide of Colonization to other parts. Indeed, this by some is supposed to be the policy of New South Wales, and unless this power in that Colony to legislate for another totally opposed to it, be restrained, necessarily the lesser must fall a sacrifice to the greater, and it would be much more humane to shut this country altogether, by making it a penal colony, till that, being overgorged, it will be sufficiently strong to oppose an independence from the British Crown, the seed of which is latent therein, only waiting a favorable season and strength to push itself into light. Should this country ever receive convicts, its natural character of inaccessible localities and other circumstances, will render property so insecure, as to require a strong military police to afford additional security, the whole of which, as before observed, would be checked by the irregular location of Settlers among such Aborigines as they would find disposed to receive them.
I may now here lightly introduce my observations condemning the indiscriminate purchase of large tracts, to which claim has been laid in some cases, by extent of degrees of latitude, and other less prominent bounds, and notice, that application of their limits, by a prompt attention and proof before the Native Protectors, is, of itself, sufficient to reduce them to such a scale as would make them beneficial to the country, because these lands being as far as just the property of large capitalists, would naturally draw their assistance to support the energies of the country.
The impossibility of obtaining lands from hostile, or, mostly, even from distinct Tribes, and the very small limit of the real claims of any one party when fairly adjusted among themselves, would, in this Northern Island, reduce their purchases to such only as the actual signatures covered, and it is a well-known fact, that no Chief, either by conquest or local custom, can obtain any right to dispose against the wish of the occupants, without military force, which, I humbly submit, can in no case be considered as proof of Law, and very seldom even of justice. Even in cases of vacation and subsequent petty differences, or alliances, such chiefs could not be allowed by the actual occupants (if of a different tribe), to return and dispossess them of their cultivation or localities, unless accompanied by sufficient numbers to overawe, all which proves the absurdity of attempting to establish any Native titles beyond the present generation, before which no such thing as sales, transfers, or personal rights thereto beyond occupancy, was known, and this attempt could and has obtained no other end, than taking up suppositions, wars, and tumults where none such would otherwise have existed.
The sovereignty of this country has in no way been opposed, but otherwise in fact and dutifully conceded by the earlier settlers and they have unanimously consented to pay to Government for the confirmation of their grants, in such, in fact, as new Emigrants would pay for expense of Survey and other office charges, under the establishment of the Government, and, certainly, no other, much less a tax for the privations and sufferings they have undergone in raising this country to its present state, upon which account, I shall not hesitate, to say, that, no other dependency, or even open districts of New South Wales within the same period, has returned so much or so beneficial traffic to the leading state, which your Customs' returns will fully verify; and it excites the utter expression of astonishment, that when it was declared an uncultivated country, and compared with that of the wandering savages of New Holland, no return was called for from that department, to prove the immense quantity of provision, of corn, potatoes and pork supplied from this to the dearth of Sydney, independent of the quantity supplied to the numerous shipping at this Port, besides the same support to the Fisheries in the parts, which, with the timber sent both to England and the Colony amounts to a much greater and more profitable trade than is now derived from many much longer established Governments. What, then, because the endurance, we have gone through in the lapse of being much sooner established in our justly-acquired possessions under the British Government has brought the country to this profitable condition, are we to suffer taxing and oppression beyond any other Colony? Rather ought we to receive confirmation of our possessions for our praise-worthy exertions through terror and trouble, free from either fees or taxes, as our just reward.
The feelings of disgust which are excited in the breast of every individual, whether British or Foreign, the derision of foreigners of our vain and boasted freedom, the frequent stigma of slavery to our Queen from the Native population, all tend to give poignancy and color to these acts, which will produce such consequences as are now paralyzing the efforts of every individual, and must call for an increased force to carry such measures throughout the country and will increase the difficulty of the Government in effecting the Sovereignty by purchase, as recommended by her Gracious Majesty.
Both public and private confidence is destroyed, and the inability and delay from the ill organized departments to pay the trifling debts incurred for purchase or hire of private individuals, and the want of good faith in the inability of our Government to perform any agreement or engagement made directly or by any department, has placed us in the situation of some of those Governments which, of late years, have exhibited nothing but anarchy and insecurity.
Although many more and much abler arguments can be brought forward upon this subject, I must plead for the length and weakness of this letter, the vital importance of the question demanding from his life, however small, to save himself from impending ruin. To sleep under this impression that no evil is intended, is too hazardous; the sword suspended by so weak a thread over our heads, renders it mockery to tell us it will not fall.
I shall conclude upon this Act with sincerely praying, in common with every resident in this, that your Government may yet, by timely seeing the desolation, confusion, distress and violence that must ensue, prevent its extension, by re-forming a just and conscientious Commission of Inquiry for the acknowledgment of our claims, by which means alone he can speak peace and security to the land.
D. S.
Kororareka: Printed by D. J. Day & Co. in the Office, Turner Street, Bank Square, where modifications to the Editor and Advertisements are requested to be sent.
✨ LLM interpretation of page content
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Letter to the Editor regarding Land Commission
(continued from previous page)
🗺️ Lands, Settlement & SurveyLand Commission, Land title, Commissioners, Land purchase
NZ Advertiser and Bay of Islands Gazette 1840, No 25