It would have been a precedent that would have led the way to species of land piracy all over the globe. The House of Commons rejected a bill upon that subject. At a subsequent period the government, in taking the subject into consideration, resolved to send a consul to New Zealand; New Zealand having, by the Acts of Parliament he had mentioned, been reckoned a foreign dominion; but the consul was to proceed afterwards in the manner that Vattel declared to be soladable and in perfect conformity with the law of nations, namely, if he could to make an agreement with the natives to purchase their land and territory, and then establish the authority of his country there. Now he (Lord John Russell) had not heard anything to induce him to suppose that the noble lord (Lord Elliot) objected to that course. The noble lord read the authority of Vattel to that effect, but he had not found fault with Captain Hobson being sent out with those instructions; therefore he really did not see, in this part of the case, what it was the noble lord would complain of. True it was the noble lord complained of the instructions given to Captain Hobson as to the right of possession to the land by the settlers there. The noble lord had said that Captain Hobson was to enquire whether the lands were fairly obtained, and he observed that there would be a great difficulty in doing this. He (Lord John Russell) did not consider there would be any difficulty in carrying out this part of the instructions. The noble lord had also said, that the crown might resume all lands on payment of the price originally given for them. Undoubtedly the crown had in respect to all its colonies, the general and original right in the land. But when the noble lord complained of the difficulty and complexity of the plan ordered by the secretary of state, he (Lord John Russell) thought that this proposal for taking away the land from the present occupiers on repaying the price of the hatchet or blanket, or some such trifling thing which they gave for it, would certainly be found much more difficult of accomplishment.

Lord Elliott was understood to say that he did not mean to give literally the original price.

Lord John Russell: No, no; but the noble lord said the original price. Now, the original price was in most instances of very small value, the payment of which would not, he thought, be satisfied to the settlers. He, in fact, it would have been impracticable to have done such a thing. Captain Hobson's authority would at once have been resisted. What Captain Hobson, therefore, was instructed to do was, to ascertain, if possible, by means of Commissioners of Enquiry, what was the description of title the parties had to the lands they occupied. Another objection made by the noble lord was, supposing a new colony should be established in New Zealand, the connecting that colony with New South Wales. He (Lord John Russell) admitted, that if New Zealand should be formed into a colony, it would be right hereafter to separate it from New South Wales, and that it ought not permanently to be a dependency of that colony. The Act of Parliament enabled the government to give Captain Hobson authority to enquire as to what instructions were necessary in the first formation of the Colony, and it appeared to him (Lord John Russell) that instead of laying down instructions as to the governor for the colony, they should avail themselves of the authority already in that part of the world. It was, however, a merely temporary provision, that the commission was given to Captain Hobson, who was ordered to act under the direction of the Governor of New South Wales. The Governor of New South Wales had been ordered to give Captain Hobson every aid and assistance, and soon after Captain Hobson's departure, he (Lord John Russell) had written a dispatch to the Governor, directing him to supply such New South Wales for the purpose of supporting Captain Hobson's authority. With respect to the persons who had gone to New Zealand under the authority of the New Zealand Company, and had settled themselves there, he conceived there would be very little difficulty after the Company had retracted their first instructions, which were declared to be contrary to law, which the Counsel whom they advised with told them that all acts done under those instructions would be void and of no effect, and that any person proceeding under them might be guilty of a grave offence. After this he conceived there would be no difficulty in Captain Hobson and the emigrants, who had settled in New Zealand under the authority of the company, acting in perfect harmony together. They acknowledging (which he thought it would be to their benefit to do, and as they were advised to do) the authority of Captain Hobson as Representative of the Crown, and giving him assistance and support; while he, on the other hand, was endeavouring to maintain peaceful tranquillity, in the exercise of his authority doing everything he could to promote the progress and interest of the colony. Such being the case, and the expedition, in fact, having gone there under control of her Majesty’s officers, in one of her Majesty’s ships, and being supported, it necessary, by a military force, and having the powers which he (Lord John Russell) had described, if he should make an agreement with the native chiefs, and obtain possession of part of their territory, he (Lord John Russell) did not see what further could be done until the government and the house had received intelligence from him and knew something of his proceeding. The noble lord might, perhaps, wish to send out instructions to Captain Hobson, to resume all the lands now occupied by the settlers. That he (Lord John Russell) thought would create great confusion. He thought where no very unfair or fraudulent bargain had been made, the title to those lands ought to be maintained. The noble lord complained (and this was a point he (Lord John Russell) had almost overlooked) that he had instructed Captain Hobson that the upshot price of land should be 5s. per acre; but upon that point as well as many others, the noble lord was entirely in want of information. The noble lord had gone entirely upon misinformation. The fact was, that land was originally sold in New South Wales and in Western Australia at 5s. an acre. Orders were sent out that the price should be 12s. an acre. Accounts were received from the Government of Van Diemen's Land, that there was a great quantity of land set up at 5s. an acre. In New South Wales there were no less than 800,000 acres, and the Government stated that they did not think it right (the faith of the government having been pledged) to raise the price to 12s. an acre until that portion of the land set up had been sold. It appeared to him, therefore, that if in New South Wales, Van Diemen's Land, and Western Australia, land could be procured at 5s. an acre, and he should have ordered that no land in New Zealand should be sold for less than £1 an acre, it would, in all probability, create discontent and remonstrance; and that Captain Hobson would have experienced great difficulty in establishing such a regulation. Captain Hobson was therefore instructed to sell land at 5s. an acre until the price in the other Colonies should rise to 12s.; he had authority to sell at that price.

Other words there being a price in the other Colonies (except New South Wales) should be £1 an acre. If that took place, instructions would be given to Captain Hobson to sell the land at 5s. an acre in New Zealand. It was, however, a committee should be appointed; and should meet in order to prepare an opinion that land should not be sold at 5s. an acre, it would be giving an opinion as to a matter which had clearly ceased to exist. Upon the whole he confessed he did not see what advantage was to be gained by a committee of the House upon the subject; for whatever they might devise, might be completely overthrown by the arrival of a dispatch the day after the committee made their report. It might be necessary, probably, to legislate upon the subject in the course of next session, when the house would have the whole subject before them; but with respect to all that was required to be done in detail by Captain Hobson, it seemed to him quite impossible that any committee of the House of Commons could in any way give from time to time proper, or practical directions. With regard to the general principle, he did not think there was much difference of opinion, and even with regard to the company, as the noble lord did make it a grievance as to the manner in which the Colonial Office had communicated with them immediately the authority of the Government in New Zealand was established, there would, at once be an end to all disputes. What he objected to was, that any company in London should send persons into a colony, and by means of that company friends doing those things, which it belonged to the crown to do, which had, in all times been considered as the undoubted prerogative of the crown, and which he was of opinion ought always to be maintained as one of its prerogatives.

ACCIDENT.

Our excellent Surgeon, Dr. Davies, having, in his capacity of Health Officer on Monday evening last to go on board the American whaler, William, Master, by some mishap was thrown from the boat into the water by the side of the ship, going at the rate of 5 knots an hour, where he was forced to remain in the water up to his breast, suspended by the hold he had of the end of a rope, till the captain could, by sending some men over into the chains, rescue him from his most perilous situation. He was just on the point of letting go his hold from the numbness of the arm, when he was saved.

Mr. Bysby is among the passengers by the Thomas Laurie.

We are well informed of two or three instances of such inconsideration on the part of the Lieutenant Governor, as suffice to persuade us that he is not unwilling to redress the people’s grievances.

SHIPPING INTELLIGENCE.

ARRIVED.

Dec. 6—Brig Victoria from Sydney, with Mr. Bysby, Land Claims' Commissioner on board.

7—Ship Herald, American whaler, 240 tons, Captain S. Reynolds; out 87 months, with 1400 barrels.

8—Barque Thomas Laurie, 340 tons, Captain Price, from Sydney the 22nd November. Bring cattle, mechanics, and passengers.

SAILED.

Dec. 6—Brig William Stovell, for Sydney.

7—Schooner Kate for Port Nicholson.

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