The Express.
London, England, 1847-08-27 00:00:00

SHAKSPEARE'S HOUSE.

- -
A meeting of gentlemen anxious for the preaerva-
bon cf this national relic took place yesterday, at the
Thatched House Tavern, St. James's-street, and wan very
rupectaMy attended. Mr. J. P. Collier presided; and there
were present—Mr. C. Kemble ; l'rofessor I'. Taylor; Mr.
W. J. Thorns ; Mr. Charles Knight; Mr. P. Cunningham;
Mr. C. H. Bracebridge, Secretary of the Stratford commit-
tee ; Mr. B. Bernard; Mr. Vandenhoff ; Mr. Bartley;
Mr. T. K. Herrey ; Mr. T. Amyot ; Mr. F. G. Tomlins ;
Mr. Cockerill ; Mr. But.erworth ; Mr. Rodd, &c. &e.
The Chairman regretted the absence of Viscount Mot-
Seth, the Earl of Ellesmere, and other distinguished indi-
vidz;;,, hat coeoratulated the meeting on the object of their
..`Z*.aellage. totters cf invitation had lto--zr, ,-;,,L1;„„mo to
~
, lord Lieutenant of Ireland (a vice-president of the
"atthethe Society of London), and Earl Howe (ano-
ther vitt-president), but they were unavoidably absent.
The Eel of Ellesmere, the president of the Shakspeare
8:11_„ regretted his inability to attend, sent a subscription
07. and expressed his belief that a single copy of Shake-
Um in the backwoods of America was a more enduring
atonement to the genius of our immortal dramatist than
toy strot,ure of marble could possibly be. (Hear.) The
reatha sa to .bether Shakspeare was born in the house in
leyatreet, Stratford, or only resided there in his youth,
Insperfectly immaterial. There was abundant evidence sa to
latter;the and there was no doubt that the two houses to be
told.,
_tient month were the houses that had been bought by
makspease's father from the Halls in 1674. (Hear.) The
1"4, me of these tan houses was not the only object con-
tated ; if sutlicieut funds were rai..ed, ulterior object,
. t be aocomplished such as the assistance of dramatists
hoiseu"ksiT, dedMing years', by the erection of a college or alms-
as the spot which gave birth to Shakspeare.
1,7'0 The exertions of the Stratford committee had
atat Mli.-eworthy ; and Lite Landon committee would

gladly give effect to the wishes of the subscribers for this i
noble project. Had a day been selected for this meeting, no
day more appropriate could have been chosen than the birth-
day of Prince Albert, a liberal subscriber of 2601. (Hoar.)
Professor T. TAYLOR moved the first resolution, declaring
the expediency of raising a subscription for the purchase of
Shakspeare's house, to save it from removal and demolition,
sad preserve it as a national monument. He remarked that
the system of degrading showmanship of which Skskspeare's
house had been made the centre was most disgraceful ; and
the present opporturity ought not to be lost of doing away
with it. Ho read the advertisement of sale which Mr.
Robins had issued, and commented on it in a humorous
strain.

ee•—•
Mr. C. KIMBLE, who was most enthusiastically cheered,
seconded the resolution.—Mr. George Jones suggested the
omission of words in the resolution wnich expressed a doubt
as to whether the house in question was actually the birth-
place of Shakspeam. Such a statement might injure the
suhscription.—Mr.C. IL Bracebridge said the Stratford com-
mittee had felt hound to tell the public the truth, and the
whole truth. (Applause.) There was a probability that
Shakspeare had been born in that house ; but the committee
would not represent that to be • certainty which was not
one. (Hear.) Mr. Jones repeated his objection to the
words " traditionally reputed to have been that in which
Shakspeare was born." After some conversation, in which
Professor Taylor, Mr. Collier, and Mr. C. Knight, took
part, the resolution was put and agreed to, Mr. Junes being
the only dissentient.
Mr, C. KNIGHT; in moving the next resolution, said the
object was one of universal interest. For nearly a century,
ever amen Garrick's jubilee, the house had been treated as
Shakspeare's, and had been the object of universal reverence
not only with Englishmen, but with our transatlantic
brethren. (Hear.) He moved a resolution, approving of
the previous purchase by the Royal Shakspearean Club of
Stratford, and recognising the propriety ot extending the
sub-.criptiun, not for the exclusive purpose of purchasing the
remainder of the property, but for a further expression of
the public reverence towards Shakspeare's memory. 'the
subscription in Stratford had already reached 1,2001., though
contiued to 54 persons. The tirst object of the present com-
mittee would be to secure tree access to Shakspeare's house
to the universal English people for ever ; and then to be able
to place in that house some deserving veteran who must
venerate the relict amidst which he lived. (Cheers.) If
5,0001., 10,0001., or '20,0001. were raised, it would not all be
given to Mr. Robins. (Hear.) The future guardianship of
the house was not • matter for present discussion; all they
had now to do was to raise subscriptions.
Mr. P. CUNNINGHAM seconded the resolution. Already
54 noblemen and gentlemen had subscribed 1,1921. to the
Stratford Club; and yestexlay nearly 1201. had been put
down by different individuals—The resolution was put and
carried unanimously, as was each of the succeeding ones.—
Mr. W. J. THOM 3 moved the appointment of a committee
to' assist in procuring funds—Mr. F. G. Tomlin mcontled
the resolution.—McVandenhoff moved a resolution recom-
mending the corporate authorities of London and other
towns to call meetings on this subject —Mr. T. K. Hervey
seconded the resolution, and expressed his confidence that
the subscription would become • national one.—Mr. Jones
said that a similar recommendation had issued from a meet-
ing over which he had presided some time ago, and he had
no doubt the meetings suggested in the different towns were
now holding.—Mr. T. Amyott moved a resolution calling on
the proprietors and editors of newspapers for assistance in
this deserving object —Mr. B. Bernard seconded the resolu-
tion —Mr. C. H. Brae:bridge alluded to the suggestions
which had been made by various subscribers as to the way
in which the funds should be applied, and expressed a hope
that the committee would adhere to the object as already de-
tined—to purchase tho property for sale on the 16th Sept.,
without deriding on the ulterior objects.—Mr. Jones put it
to the chairman whether the present meeting would not
think it better to co-nperate with that which had been already
held, and which had resulted in the formation of the people's
central committee.—Mr. T. K. Hervey *aid that several
independent efforts had been set on foot in the metropolis,;
and it would be for the promoters, if they were so disposed,
to render assistance to the committee now appointed.—Mr.
Jones said' the people's central committee had been the
first in the field, and th,refore the present committee ought
to co-operate with them.—The Chairman said he should be
most happy to co-operate with any party; but knowing no-
thing ot the feeling of the gentlemen present he could not
slate how far Mr. Jones's otter would be acceptble.—Mr.
Cunningham said the best course would be fur both to co-
operate with the Royal Shakspearean Club.—Mr. G. Barley,
the actor, moved, and Mr. C. Knight seconded, a vote of
thanks to the Royal Shakspearean Club of Stratford, which
was acknowledged by Mr. Braceb-idge.—Ttie proceedings
then terminated with a vote of thanks to the chairman.

NEW PP.OVISION IN VIE BANKRUPT LAWS.—There
is a provision in an set of last session, which will come into
force on the 16th September, of some importance to trades-
men. The present jurisdiction of the Court of Bankruptcy
emends to 100 miles, and in fiats obtained against parties
residing a distance from town, the expenses are greatly in-
creased, and by the increase the expectation of a dividend
by the creditors is diminished. By the clause, the commis-
sioner and other officials can proceed to the place of trading,
and hold a court for all necessary purposes. The act
alluded to is the 10th & 11th Vic.. c. 10.1, and the provi-
sion, the 14th, is couched in the following terms •—" And
whereas it may be expedient that the Court of Bank-
ruptcy in London should hold sittings in matters of bank.
rintcy at some place or places within the district over which
the jurisdiction of such court extends, at which such court
hath not hitherto been used to sit, be it declared and enacted,
that it shall be lawful for the Lord Chancellor, at any time
[ or times whenever it shall appear to him to he expedient, by
any order or orders to give the neccss....ry directions in that
belt lf, ordering any commissioner, registrar, official assignee,
messenger, or usher of the Court of Bankruptcy in London,
to sit and attend and act in the prosecution of any flat in
bankruptcy at any place elsewhere within such district than
in the City of London, and every commissioner, registrar,
official assignee, messenger, and usher so tittinF, attending,
and acting, shall have the like rower, jurisdiction, and au-
thority so if sitting. attending, and acting in the prosecution
of such fiat in London."

MONUMENT TO JOHN HUNTER—The committee
appointed to consider the propriety of erecting a monument
to the memory of John Hunter, the physiologist and founder
of the Hunterian Museum, have just had a meeting at the
Royal College of Surgeons. The learned Dean of West-
minster, the Rev. Dr. Auckland, the president, and vice-
presidents of the college, and a large number of the sur-
geons to the metropolitan hospitals, attended. It was stated
that the original suggestion to erect a monument to Hunter's
memory was due to an eminent geologist, the Rev. the
Dean; of Westminster who, at the last anniversary
of the birthday of Hunter, held at the Freemasons'
Tavern, offered to the members of the medical pro-
fession then assembled a site in Westminster Abbey
for a commemorative bust and mural tablet. The
movement excited by this offer naturally engendered
the desire that the memorial to John Hunter should be com-
mensurate with the pro-eminence of his name and labours,
and should form a befitting exponent of the sense enter-
tained by the members of the medical profession. An appro-
priate site far the memorial was a subject for consideration.
As ft appeared that a space adequate for the display of a
statue or other larger monument could not be had in the
abbey, it was suggested that the Hunterian Museum, or hall
of the college, would afford better situations ; but this was left
to be decided by a public meeting, to be held early is the
ensuing session.
FURNITURE BROKERS' BENEVOLENT INSTITUTION.
The seventh annual meeting was held yesterday at the Free-
masons' Tavern, Mr. James Winter, treasurer, in the chair.
The report stated, that after paying pensions and expenses
amounting to 871. Os. 7d., there remained a sum of
1,2211. be. 9d., of which 1,1071. 10s. 2d, had been invested.
The report was adopted,and an annuitant was elected on the
institution; and after the re-election of officers for the en-
suing year the meeting broke up with a vote of thanks to
the chairman.

NAUTILUS LIFE-PRT.SERVER.—Under this title the
attention of nautical men and others, whose pursuits or
tastes are aquatic, was challenged yesterday by the manager
of a company which seeks to obtain public patronage for an
invention by which it is proposed to avert the danger of
being drowned, or the swamping or submersion of -boats.
; The advantages of the apparatus were manifested by a series
of crucial experiments, which took place at the lower river
entrance of the London-docks, near llhadwell, at high water.
The apparatus is of two kinds One form is that of a tube,
competed of oiled silk, with a valve similar to the tongue
of a bellows at one end, which admits the air when re-
quired, and thus forms a light and buoyant belt, which
is fastened round the Waist, and enables the wearer
to support two persons in the water besides himself.
The other form of the apparatus is also an oblong tube,
longer and of greater diameter then the belt, which, being
filled with air and placed under the thwarts of a ship's boat,
will prevent it from being submerged lower than the level
at which these ear tubes are placed. The experiments were
conducted with tolerable fairness, and appeared to give
satisfaction to a numerous assemblage of seafaring and other
persons who were stationed round the dock entrance ; but
the real merits of the invention will be far better tested by
experience ; and the suffrages of those most interested will
be more surely obtained by this means than by any ad cap
lanthim recommendations on the part of persons who, at the
beat, can only offer a hasty opinion upon an invention
such ea this, which is out of the sphere of their ordinary
pursuits.
FIRES: IN BARBICAN.—At a quarter past three
o'clock yesterday morning, a fire broke out in the back pre-
mises of a Mr. Heine, a paper box manufacturer, Beech-
street, Barbican, the premises abutting on the extensive
mahogany and timber yard of Mr. Ingram, and in the im-
mediate vicinity of Whitbread's brewery. In a few see mds
enjeoes from the brie station, Whitecrowit:
were at work ; the inmates in the meanwhile effected their
escape from the upper part of the house into the adjoining
one, Mr. Jones's, eating home-keeper, which was also found
to be on fire, as well as a portion o' Mr. Ingram's timber-yard.
In a short time the Farringdon-street and Watling-street
engines arrived, followed by the West of England and the
County, when a plentiful supply of water being obtained
the Be. was got under, but not before the shops of Mr. Haim
and Mr. Jones, as well as the contents, were destroyed
Ix Flo LIMBIC—Just as the engines had finished working at
the above fire, which was about halfpast (our o'clock, infor-
mation came that the Cocoa-tree Coffee-house, No. 119,
Holborn-hill, in the possession of Mr. Kirkland, was on fire,
to which place the several engines proceeded. Upon their
arrival the first floor was found to be enveloped in Limes
and ascending with great fury throutjh the house by the
stairs. The fire, although burning with great rapidity, was
confined to the first floor, but it was not extinguished until
the whole of the contents were destroyed, besides doing con-
siderable damage to the upper part. The family happened
to be up, and a lighted candle was left in the first floor, by
which dive:o64nm the fire originated. The damage dose

is very considerable, but, it is understood, is covered by an
insurance.
WItIaki.—FIFTEEN LIVES LO3T.—Lettera have
leen received from the political agent at Aden (Capt.
Haines, It N.), communicating the melancholy loan of the
barque Welcome, of London, 500 tons burthen, on the rout
of Yambo, with most of her crew. The vessel had been
chartered by th a Peninsular and Oriental Steam Navi-
gation Company to convey coals to their depot, at Sues. On
the 14th of last April, by some unforeseen circumstance, the
weather being moderate and still water, the vessel ran on a
reef of coral rocks, known as the Shoal Subad, S.W. of
Yambo. There being no appearance of the vessel haying
sustained injury, there being no leak, the sails were imme-
diately hacked, and the usual means adopted to get her off,
which soon succeeded, but the moment of clearing the reef,
the Teasel settled down by the bow, and in three minutes
went down in one hundred fathoms water the
depth ascertained by previous soundings. So sudden,
in fact, was the catastrophe, that there was no time
sufficient to launch a boat. Tho =Slur, mate, a geAni.u,
and an Arab, contrived to save themselves by clinging to the
sides of a small boat floating bottom upwards, which they
cut adrift as the vessel foundered, and which fortunately was
washed back to the reef. The remainder of the ship's crew,
15 in number, met with a melancholy fate: they were drawn
down in the wreck, and all perished. The survivors even-1
tually got the boat upright and clear of water, and made for
Yambo, which they reached in the course of 43 hours, but
in a very exhausted state, being without food or water. On
landing they were kindly treated by the governor, who, in
a day or so, obtained them a passage to Aden. The names
of the unfortunate persons drowned ale not mentioned ; moat
of them were from the river Thames. The vessel and cargo
are only partly insured.

NEW ZEALAND.-THE COOK'S STRAITS

SETTLERS.
Several months ago we learned that copies of a
printed " letter to the directors of the New Zealand Com-
pany from the resident purchasers of land" had been for-
warded to this country, but till within the last few weeks
our efforts to obtain a eight of one have been unavailing.
The difficulties we have experienced in the search can only
be explained on the assumption of active exertions to sup-
press the letter. Several other circumstances have conspired
to strengthen the suspicion that this assumption is well
founded. If it be correct, we can on'y any that the policy of
suppression was quite as unwise as it was unfair.
On the validity of the complaints urged by the settlers,
and the justice of their demands, we will pronounce no opi•
nion, till we have enabled them to tell their own tale in
their own words to the English public. This we hope to be
able to accomplish at this season, when little news of
general interest is forthcoming, in the course of three con-
secutive publications. Thus much, however, we may pre-
mise, that among the thirty-two names of leading settlers in
the Wellington district appended to the letter, we see seine
who have been conspicuous in the brief history of the settle-
ment as among the most energetic, intelligent, and every way
respectable members of their little community. Among
others we may enumerate the Messrs. Clifford, Feather,tou,
Boddington, Mein Smith, Daniell, Lyon, Deans, and Bell.
The letter or memorial woo prepared by a committee ap•
pointed at a public meeting held in Wellington on the 29th
of July, 1818, and deliberately adopted by another public
meeting held in the tame place on the 18th of September
following. It consists : —Firstly, of en introductory state-
ment, explaining why the appeal is made, and why it was
not made sooner ; second:y, of a comparative review of the
inconveniences and lossia which have been suffered by the
company and by the settlers ; thirdly and fourthly, of state-
ments of the two principal conditions upon which the settlers
purchased land, and entrusted the company with the expen-
diture of their monies. The first of these heads we pass
over at present. The second we publish is-day, and the
third and fourth shall appear in as quick succession as pos-
sible. The settlers thus address the directors :

In making this appeal, we mast at the very outset declare, that we
come bobire you, not as suppliants of your bouuty —not ax men suing
for favours at your heed, out as parties deeply and grievously In-
jured..as men protesting againat great wrongs ildlicted by you, and,
as each, demanding redrew.
First, then, we claim oompemmtion for the lons we have incurred
from your inability to fail the (torrent made with ua Seven yews
ago and in order that you may be the better enabled to understand
the nature and extent of the leases we have suffered, we invite you to
compare them with those sustained by the New Zealand Company.
According to your own statement& the NewZetilandeompany have ex.
emoted 260,000 e of paid-up capital, 70,8001. borrowed on the security of
their remaining unpaid capital, nod have fit ell liabilities to the extent of
upwards of 60,0091. since 1041, they hare burn engaged in a harassing
and angry contest with the Colonial-othee, with respect to the lands
awarded them by Mr. Pennineton, under Lord J. Pausell'e agreement
—of which (with tho exception of 400,000 acres at Otakou), they hare
never yetobtalned a crown grant. Although for the first three yearn
they received dividends to the amount of 44,6911., yet, since 1843,
they have been not only unable to declare dividends, bat have been
compelled to euepena their payments, and to stay their colonising
operation, By the arrangement, however, concluded with Lord
etaraey, in Aug., 1815 their claim to 1,300,000 acreshes been ac-
knowledged—the cordial tesistanee of the government promised to
enable them to c onplete their purchases—aed any none pad to perfect
their tithe are to be returned to the to in land, at the rate of an acre
for every sa. so expended. Now, although we can well appreciate the
mental toil and anxiety which the directors mum have endured dur-
ing these disputes with the ColonLdaatice, and are reedy to admit that
the affairs of the company woull have been in a very different state
had them differences never green; still, bearing in mind that the mini.
mum price of crown loads in the colony is 11. an acre, it is Unfeasible
to deny that 1,30 1,000 acre, of land afford a very ample remuneration
for the capital expended by the company ; and If the antengenents re-
cently concluded be fairly carried out (however serious:and harassing
the natation in which the company has hitherto been placed), it will
reap an exceedingly handsome profit, and its affairs soon be in a state
of great prosperity.
A, however, gentleman, In your reply to M. drama, you exert that
min have been inrolved equally in ruin with ourselves, and, as you
seem to imply, that your enthaerasenients have been in some measure
atteibutable to as, or to your alvocacy of our cause, we must call your
attention to the state of your affairs at the time when the formation
of this settlement may be maid to have been completed. In your third
report, permuted to the shareholders on the IA May, 1841, some time
utter you had ceased to ell land in the that and principal settlement.
you state, " The arrangements that have been made with respect to
the repayment in land of the company's past outlay place its affairs
in a state of great present prosperity. The cm:unity of land to welch
the company will be entitled by the agreement with her Majesty's
government, and the award of the arbitrator under that contract,
amounts to at least 997,038 acres, for which no further payment to the
crown will be reqnired. Of that amount 187,780 acres have been
allotted to purchasers; and there now ripper-ain to the company
809,246 acre, U this land were sold on the same terms as the
land comprised in the setiement of Wellington, the company would
reap an exceediugly handsome profit upon its capitaL" Again, in
your despatch (dated 20th April, 1811) to your principal agent, you
ray, " The remainder (alter deducting the whole of that which the
company Me engaged to deliver to purchasers), 600,000 acres, Urns&
tatty a property which cannot be estimated in ultimate money-value,
according to the lowest price at which the crown has determined to
sell public Imds in New Zealand at less than IL per acre, or 800,0001.
This sum the directors het satisfied that it wield be in their power to
melee in the COUTPt of time by gradual sales, and without further con-
tributions by the company in respect of these lands to the emigration of
people." 'Thos, gentlemen, by your own statements, it appears, that
as far tes this settlement was concerned, your epecutation had been
neat fortunate—you had with a capital of 104,080?. obtained a pro-
petty which you valued at 600,000/. All thepectiniereembanmementa
in which you ettbsequentlytecame involved are therefore attributable,
not to or, but to your own unwire precipitancy in founding other set-
tlement, Bad you abided by your pledge to us, not to form another
settlement until three yearn after the eetabliehment; of this, there
cannot be a shadow of a doubt but that you would have molded all
your subsequent difficulties.
But supposing, for the Fake of argument, that the whole of
your capital had been lost—that you never received a farthing
back of the sums advanced by you—would any of you be seriously in.
jured in your fortune or cloture pr./sects, or even materially
inconvenienced! You have again and again stated., that pole never
had pecuniary objects in view—that the emitting " of the
individual stakes showed that you mad be actuated by no hope of
considerable gain ; and Mr. Buller, so recently as April, 1845, in his
letter to Lord Stanley:. Mated, " Most of those who hare any consider-
able stake in the company are mercantile men, who have long ago
written off their share as a had debt ; and the directors do not look to
gain anything at present;" so that in the worst poeible view of the
affairs of the company, it is evident that few, it any, of the ehare-
holder, would experience any injury that would seriously affect
them • --but we have already shown, that having been awarded
1,300,1100 acme of land, you cannot he said to have incurred any
km whatever, but, on the contrary, to have made a most profitable
investment.
Look now at the other side, and contemplate the sacrifices we have
made. Relying on your representations - feeling ooniklent that men
such as are at the head of the New Zealand Company would never
lend the sanction of their names to any scheme which might by any
poeibility tnvolveothere in ruin, without beingat any rateprepared to
take upon themselves enyreeponsibilitire they had fairly incurred, we
purchased land to which you said you "add give an a good. tide, and
of which you assured as you could put 110 in quiet and peaceable pos.
session—we severed all the ties of kindred—abaotioned our occupa-
tions—sacrificed all oar prospecte in the soother ceuntry—and planted
ourselves amidst savages In • country almoet unknown, bringing out
with us 3 capital which has been Minuted at from 1,000,00 W. to
2,00e,000/. Ante what have been the results? To not a single 'meat
the present lime have we a crown title t —and of all the land selected
we have only obtained a precarious pommeion of a few thousand
acres. For six yearn we have been doomed to inactivity—instead of
employing our capital productively, we have been obliged to oubeist
upon it—we hare during nearly the whole of this period been exposed
is the outrages and aggremions of hostile savages—we have seen
armed bands of natives for three daps taking possession of the meat
populous agricultural district in the settlement, driving the Fattens
into tho town, and then plundering and destroying all their property;
we bare seen houses destroyed—crops burned—and recently we have
bad to mourn over the murder, in open day, of some of our Indus-
trious nettiere. For months and years the whole settlement, including
the town itself, hay been kept in a state of perpetual alarm and into.
curity—the whole community has been obliged to arm anal defend
the lives of themselves and fondles. In short, there are few wise are
sot irretrievably ruined. Many have already left the colony, IL
several irmanece eo utterly destitute as to have been compelled to am
cept some menial office on board the vestal in which they returned.
Of them whi remain, many are without the means of leaving; and,
even if they had the to return, how vela would be their
attempt, with Nu* gnke lesf, and oonnexiom broken, to regain
their originslpeaftiluent hems! Such, gentlemen, is a plain state-
ment of fasts, which Mad be disputed. We need not now dwell
upon the privations to which many have been subjected daring this
painful period, for you have depicted them most vividly and most
faithfully, when availing yourselves of them to obtain the favourable
terms recently conceded by government. Can, then, your Imes
(estimate them as high as you sill; fur one moment be compared to
ouch as three ! And to what muse are the climatal, whish have than
befallen as attributable ! You may reply, if you choose, that they
are owing to the "jealous rivelry"—to the "unhappy differences"—
to the 'thitter contentions between the government and the can-
piny ,•" but you eannot and dare not & ny, that the inmatdiate and
proximatecause of our ruin has been the uomtullilment by you of the
contract formed with us mean years age.
V thee, '°4 "'"ci"3-°'l2*°B3 enituoa to compenaa.
Con fur the loss you have incurred tree having been kept no long
without a crown giant to the lands awarded to you by Mr. Penning-
ton, under Lord J. Russell's agreement, is not our chum to molten-
eaten for the whams and suffering, we have experienced intirutely
stronger and snore just, fleeing that your twee, compared to ours,
are but aft a drop to the ocean.
BotTnommeh as you hare sought compensation from government
for the teitipany, we submit that you hoes virtually admitted that
compoivat ion ie due to in. Nay, we think we may gather from your
reply to Dr. Evans, that you do not be one moment deny the imam
of our claim, but deny your liability. The question, therefore, at
issue between us, le not our title to compensation, but the party upon
whom It is to be preferred. We centreee that this is the very last Pont
upon which we &Maid have expected any demur on the part of the
, directors 01 the New Zeeland Company ; for the grounds upon which
, we bold, and can hold you, and you only, liable, appear to us se clear
and out as the ground upoa which you demur appears untenable and
unworthy of honounible men.
If a merchant sells goods for which he receives payment, and fails
in delivering them at the time attpulathl, no question sari ly could
arise ax to lama liability to make good to the purchaser any lose
aue-
tale• d by him from the nonaktlivery ! Would the fart, that a third
party had, by his interference, prevented the vendor fulfilling his en-
mgementh be any bar to the purchaser's right to compensation f
Or, summing that the vendor sold goods which he believed he pos.

sewed, but which subsequent events proved he never did paces,
would he not still be required to make good any loss seeming to the
purchaser from DU inability to complete his contract I We appeal to
those members of your court moot oonvenant with mercantile alfii4re,
whether the Liability of the vendor to make good any lose accruing
Dom the breach of his contract (snot a principle upon whirls ell me,
cantiin transactions are h seed—a pet:Leith° which had again aid again
been decided hi courts of LAW, and without which there could be no
security in carryingon mercantile afhiirs ? Examine, now, the nature
of the transactions between no —The New Zealand Company (a Joint
emir association) profeAred to bare certain wares (we use your own
terms) to sell —it did ita utmost to attract the attention of buyers,
" by (it would be wrong to say puffing) asystem of advertisement cud
wide-spread agency." Our attention was aitracte.l—we instituted in-
quiries reepectiag the company—we looked to the list of tnedirectors
and finding there names of gentlemen of the highest character and
station, we became purchasers of their wain—we paid for them oa
condition of their being delivered to us on our amval in New Zea-
land—we arrived, and found that the goods were not, and never had
been, in possession of the vendors —we potently waited ad years, and
Kill delivery of the wares never took place. What our twee, have been
in consequence, we hare already Mated, and they have been admitted
by the vendors ; but, ia spite of all thiN the moment we Ohio com-
(variation, they turd round upon us—deny their liability—and refer
ten 4, a third party, whom neither we nor they have ever recognised
in the transactivas between us.

Now, geatietnen, amity the same rule which guides you in your
every-day m duds of businese, and you cannot, withaut violating
every principle of justice am/ common honesty, refer us to a third
party. You do nut deup having sold us lurid, mil having received
payment for it—you do nor deny that you have never yet stem us
ion —Kill lessyon deny that our [score, In consequence,
tca're":cen utterly ruinous ; we maintain, therefore, that whether the
noncempletion of your contract has mien from your having sold
that which you RCM pueeCoeed, or from ths interference of Some
other party, your liability (without regard to your own profit or
IoM) to make us menpaura'son remains as indisputable as ever.
Put gentlemen, you, above all others, cannot dissent from
thin princtils, seeing that you arldrened D.rd Stanley in Feb.l3, 180,
in the following terms : "The crown, like any other party emceed.-
ins with another, may find that it has made stipulations which it
cannot fulfil ; but monthly and equity bind the crown, like any other
party, having by such inadverteinte misled another, not to evade its
engagements, by lishUy aseuming the impossibility of fulfilling them
but, on the contrary, to du its uUnost to eneeate its utolertasiwg; and
in the event of finding that impossible, to make emote compensation
to the other party u" and you proceed, "If, in the preerot pee the
crown really noels Well unable to stake such a grant of puruuns of the
land in question as it has engaged to make, it .4 nevertheles bound,
on our request, to grant us all the interest which her Majesty has in
these lands, if we are content to take such grmit as a esum.etion of
the engagement to us—or supposing ne n it to be content with each a
grant it wou d he bound, at our request, to make us comrensation for
the damage done to us by the non-fulfilment of its age eement." Such
being the line of argument adopted by you—such being your views ut
morality and equity, when pleading your own mar againsa the govern-
ment, we can scarcely, gentlemen, bring no' selves to believe that the
letter written in reply to Dr. Evans was ever really authonsed or
sanctioned by you.
But, gentlemen, you have In truth admitted your liability to make
us compensation, eren at a time when our claim to it was 'Whitely
less Wong than It now L. In your third report, preented to the
shareholders in May, VW, after explaining the arrangements made
with respect to the repayment in land of the company's past outlay,
you state, 'The directors ere strongly impressed with the °onyx:ion
that the circumstances under which it hasobtained this position, and
the cordial confidence with which; in reliance upon its firafession of
public spirit, it has been treated by her Majesty's guvernmeat impose
upon It the obligation of demonstrating, by its future measure, that
it boa tiler and btgher motives than those of merely selfish profit, and
that, while it does not pretend to disclaim a due regard foe its own
interests, it is also powerful'', actuated by an enlightened and gene-
rous desire to promote to the uttermost the concurrent benefit of these
who have undertaken, under its auspices, the bold enterprise of plant-
ing another scion of the Anglo-Saxon race, in a remote island of the
eouthern hemisphere ." • • • " thin principle shall govern their
proceedings." You then mention two projects for our benefit—els.,
monthly communication with England by tee lathnius of Darien and
the eitabLehment of a colonial college, and you allude to other great
object. which you say "the directors feet that the relations o the
company to the brave men who have led the way to the eoloniestion of
New Zealand render it morally obligatory upon them to undertake,"
Then again, in your despatch ~dated April 26, 1841), to your principal
agent, atter steting " that justice and policy require that the best
assistance of thecompanystiould be extenderatoall the settletnt Me, with-
out partiality ordisunctlon," you say, " lathe some time it appears to
the directors that the company is under punitive engagement. to the
ettffers at Port Nicholson to endeavour by all means in their power to
confer nem their settlement the character of the commercial metro.
polio of New Zealand. Tbie is the least that the company, after all its
promises and engagements, can do for the men to whoa• courage and
patience and admirable discretion the British oulouisation of New
Zealand Is chiefly to be attributed. And surely the performance of
LIM duty should teed the settlers at Nelson and New Plymouth rather
to rely on the company's tai: nem and attention. to their interest.than to Imagine that thee will be unjustly set ma or in any way
WEITIVe not here a distinct admission that you were bound not
merely to fulfil the letter of your contract, but also to discharge cer-
tain mornl obligations ;especially due to there who had incurred all
the risk of the adventure! Da you not here affirm, in terms as strong
as you could wed employ that von were under positive obligations to
compensate us for all suffered in the bold and hazardous, en-
terprise of planting a colony amidst armed ravages? And are lb, se
moral obligations—these posit:se engagements -eo fully admitted in
1841, less binding upon you at the present time! If our sacrifices
were great in lel are they not infinitely greater now? Ilas• not
our privations and sufferings gone on increasing every year? have
not our means been diminishing yer by year, until at last the: may
be mid to be completely eithrateted 1 And shall you, gentl, men, to
whose breach of contract this loss is eoleiy and entirely attributable,
be permitted to repudiate your liability to make it goal? Do you
seriously men to dispute your debt to ue, at. the very moment that,
bptatX
iarrann gementson tocon
liquidateee ;7t thArifVettß yigt aeb"l:ngbeemn
our sufferings and sacrifices were profitable to you—aa lung m they
afforded you a formidable weapon against the Colonial-office, our
claims upon you were admitted ; hut that the very. instant you have
eueeeeded, by means of our eufferiogs, in wringing from govern-
ment important advantages fur the company, you are mimed to
turn round upon to, and premising upon the etate of helpless-
nese to which you have reduced tm, to deny all your liabilities
tous f . . .

If such, gentlemen, be your Intentions, avow them openly, and
do not endeaeour t. conceal your injustice from the world by at-
tempting to throw vour engagements to us upon a third party ;
but above all, do not mock nod insult us, by telling UT to prefer our
claim for compensation upon the government. You know that it
would be just as reasonable and honest in you to tell us et once to ap-
ply to the natives; for you emmut bare forgotten that you have, by
your own acts, relieved the govermocut from all res.racibility to us,
and hare precluded to from making any claim upon it.
When, on our arrival in New Zealand, we found that your proceed-
ings were openly denounced by the government, and that there was
no prospect of your putting us in possession of the lands you had sold
to us, we sent three of our fellow-settlers fin 1810, as a deput lion, to
Sydney, for the 'impose of submitting our case to Sir G. Gipps, and
asking for the protection of (Sc government. Sir G. Gipps, oiler fully
acquainting hirneelf with all the circumstances, agreed, on the part of
the crown, to recignise the title of the settlers to thewlands, °waning
them to one continuous block of 110,060 acres. In this arrangement
Sir U. Gime "adopted the principle of acknowledging the Ultimo( the
individual settler, leaving to the government here the task of looking
to the state of accounts between the settler and the company." The
effect of this arrangement would have been, not only t hat we should
have obtained crown grants, but would hare been entitled to the pro-
tection of the government ; we would, in fact, have become the Ica-
mcilite charge of the crown, instead of having teen for six years the
victims of the "unhappy difference" between the °neaten,' and the
Colonial-office. That, 'weever, we may not be accuscl of exaggerating
the benencial character of So G. Gipps agreement, we would remind
you of the opinion expressed of it by the principal agent, in his
Gespateh to your court, dated the 26th of February, tall, in which
he toys, " The proposition of Ids Excellency Sir G. Gipps
was mrdially accepted, and the *entente-mond of their titles to their
purchases in the preliminary sections, proceeded vigorously to lay out
their capital. It remains with sir G. Gipps to deckle, and there is no
reason to anticipate a whist!, whether the subsequent purchasers of
land from the company shall rmsetve the tome protection and privi-
leges in other blocra of land now in props-as of settlement in the
company's possessions;' and further on he adds, "An impetus to
enterprise had been given by Sir U. Gipps' decision, and • union of
purpose bade fair to push forward the settlement at a rate unantici-
pated by the mat sanguine." Such, gentlemen, Recording to the
testimony of one who may bctowndered your own witness., were the
fair prospects before us; wht.n you stepped in—set aside the arrange-
ment fraught with so many adoration n, which we had made for our-
• with government, and cousultang your own interests, enter. d
into Lord J. Ittuuell's agreement of November, 1810, by which you
not only upset the crown titles assured to on by Sir G. Gipps, and in-
sisted that our titles should be derived through the company alone,
but also relieved the government from all responaibility to us, and
took upon yourselves the sole and entire liability to make good your
contract. and engagements with your purchasers. Clause 12 of the
Mi=t rune thus:—" The company having bold, or contracted to
to various persons, her Majesty's government disclaim all
liability fur making good any such sales or contracts; it being, never-
theless, understood that the sompany will, from the lands to be
granted to them aforesaid, hilflt and carry int, effect all such their
sales or cestract.." We ask you, gentlemen, how, after such a Winn
lation as this—how, alter having thus overridden our arrangement
with Sir G. Gipps—(an arrangement by which we repeat our claims
upon the government were recogniaed—our titles to our lands guaran-
teed, and the support and protection of the government secured to
us), you can now deny your liability, and attempt to throw it upon
the government, whom you hare so expressly reliored from it /
You say, Go to the government! Why, gentlemen, the only appeal
that we can make to the government, In an appeal to it to interpose
between tis—to compel you to act justly, and to force you to faltll
your contracts. With what reluctance we shall make this appeal,
our pest forbearance affords ample evidence; bat if you render it
necessary—if you insist upon our suing at the hands of government
for that which Is due from your justice, we are 0311f1dent that our
appeal wilt not be made in vain, for cony conension that has been
made to you during the last six years has bond made by the govern-
ment with a view to our relief; and Lord Stanley has declared, In the
most unequivocal manner, that her Majesty'. government was in-
duced to grant the company the recent favourable terms, chiefly, it
not entirely, on account of our ma
We bare thus, gentlemen, exp=rthe grounds upon which we
claim from you comprioation ; and in making this exp:anation, we
hare endeavoured to prove, almost wholly by your own evidence
'ally, That, whatever temporary inconvenience the company may
have suffered tinting the period of Its contest with the coloalal.ollke,
yet that the amount of land now awarded to it, without any further
expenditure In ret of It being required, aft* i.ll amok return
for It. capital, If Wd In worth aio.tourth part of the ram at which
you have WWI% odd Se. fah% That we, on the other hand, bare
lost led IMO bun spud to down of no ordinary
MO, yids dolma vales your lands possess is
de nstt ably Ison joymol onhopdan 111 the disasters which
have Wolin os ars anitholy owls. ha the assaompletiOn of your
contract, and that therefore we sok by priori* Justine and
equity, entitled to so!ayieloation in yyourlea4 4thly, That you
distinctly admitted. in MIL ea mason soar positive and moral
ohligations iWoMn, add es Yob pima by government at your
=Salass samlglnlaMMlt Mr die siodlhos mod lanipo to which we
thailloodoolho anhatqaont privations which
we have =ow boned an dim to such compensation at
• the grand ifinalnan=w 11111110 pd. And, lastly, that you
ham )17 nSPlnft,
to
hisell=eattoi,litase government 14011316 t all
old yourselves lit, sera liability
of making good your its of to.