The Sun.
London, England, 1846-12-29 00:00:00

LONDON, TUESDAY EVENING

No. 16,935.

rfIRANSIT FOR THE MILLION.
NORWICH ECONOMIC CONVEYANCE COMPANY,

(Registered Previsionally,)
For the conveyance of passengers and small parcels to and from
all parts of the city and its environs, at stated intervals during the
day, at twopence each ; with power of extension to other towns in
Norfolk and Suffolk, upon the principle of the companies already
formed in London, Liverpool, Manchester, Birkenhead, tee., &o.
Capital 200,0001., divided into 40,000 shares of 6/. each.
. . . Deposit 6d. per share,

being all the Aet of PA-fiament All)ws to be taken upon shares of
this amount. The Company is to be considered formed when
20,0110 shares Are subscribed for. Directors to be chosen from the
shareholders. The call on complete re:titration not to exceed as.
per share. No shareholder to be liable beyond the amount of his
shares.

TRUSTERS.
Samuel Bignold, Esq. J Ferdinand Ives, Esq.
PROVISIONAL DIRECTORS.
Jeremiah Colman, Esq., the Henry Chamberlin, Esq.
Mayor of Norwich. Edward Willett, Esq.
Charles Winter, Esq., the Sheriff John Wright, Esq.
of Norwich. John Billing Barnard, Esq.
Baas-atm.—Messrs. gurneys and Birkbeck, Norwich.

SoLiCtrois.-2dessrs. Rackham, Cooke, and Rackham, Norwich.
SICItETAItT (pro. tem.)—Charles S. Gillman, Esq.
Offices, St. Giles-street and Bethel-street, Norwich..

Prospectuses and further information may be obtained of
Messrs. Bockhorn, Cooke, and Bockhorn, St. Giles-street, and
C. S. Gillman, Esq., Bethel-street, Norwich, and aLas of the fol-
lowing sharebrokers :—Richard Clark and Co., 1, Austin Friars,
Broad-street, London; Thomas Barber, Esq., Royal Bank-buildings,
Liverpool ; Thomas Tootal, Esq., Marsden-street, Manchester ;
Messrs. Tootal, Bluff, and Flint, Leeds ; and Messrs. Grayston and
Earle, York, at whose respective offices forms of application for
shared may be had,

VRASER'S MAGAZINE FOR JANUARY.
Price 2§ 6d., contains—
_ _ . _ _

1. The Past, the Present, and the Coming.
2. Rhymes for Christmas, English and Latin.
3. Scenes in the Wilds of Mexico. Cayetano the Contrabandist*.
4. Favourite Haunts and Rural Studies.
5. The Sacrificed. A Tale of Ancient Rome.
6. Gatherings from Spain, by the Author of "The Hand-Book of
Spain."
7. A Word or Two about Mark Antony.
S. A Legend of Forfarshire. Part I.
9. Literary Legislators. No. I. Mr. B. Disraeli. Part I.
0. Touching Head's Book and Canada. By Morgan Rattler, Esquire,
M.A., An A pprent•ce of the Law.
1. A Grumbler about Christmas Books. By M. A. Titmarsh.
•, W. Nickisson, 215, Regent-street, London.

THE QUARTERLY REVIEW, No. CLVII.
will be published on SATUADAT next.

CONTENTS:
I. THE MARQUIS of MONTROSE.
11. TALES by a BARRISTER.
111. PRESENT STATE of SCIENCE—FARADAY'S DIS-
COVERIES.
IV. THE RAGGED SCHOOLS.
V. THE STUARTS in ITALY.
VI. GIL VICENTE—PORTUGUESE DRAMA.
♦II. IRELAND.
VIII. DIVISION of PROPERTY in FRANCE.
John Murray, Albemarlo-atroet.

UNITED SERVICE MAGAZINE,
and NA'V'AL and MILITARY JOURNAL, for JAN-
UARY', 1847.

CONTENTS.
Thiers' History of the Consulate and the Empire.
The Station of Maroon Town, Jamaica, and the Way to It. By One

Serving There.
Massacre and Destruction of Natchez.
The Sikhs and the Punjab.
The Remains of Tiam.
The Confessions of a Pirate.
A Tale of the Sea.
History of Texas. By a Traveller.
Biographical Sketch of Admiral Thomas Mathew.
Guard Room Stories. Edited by Klinzensporn.
Recollections of the Early Life of a sailor.
The Present War in Kafirland. Written on the spot.
The War Decoration.
Practical Pioneer Instruction.
Irregular Troops.
Sandhurst Ixamination.
The Electric Telegraph.
Stations of the Army and Navy—Promotions and Appointments--
With all the Professional News of the 3lenth.
M. Hurst, Publisher, 97, King William-street, Strand; and all
Booksellers.

NEW WORK BY MICHAEL ANGELO TITMARSII.
On the First of January, to be continued in Monthly Parts, price is,
each, with numerous Illustrations on Steel and Wood,
A N I T Y F AI It:
PEN AND PENCIL SKETCHES OF ENGLISH SO.
CIETY.

NEW ZEALAND.

• The following letter, from the Under-Secretary of
State for the Colonies, has been received, with in-
structions, &c., subjoined, by the secretary of the
New Zealand Company :

" Downing-street, Dec. 26.
" Sir,—l am directed by Lord Grey to inform you
that draughts of a new charter for the government of
New Zealand, and also of a new commission and in-
structions to the Governor, having been submitted to,
and approved by, her Majesty in Council, these docu-
ments, as soon as the necessary forms have been com-
pleted, will be published in the London Gazette, in
conformity with the provisions of the Act passed in
the last session of Parliament, from which they derive
their authority. As the change which will thus be
effected in the constitution of the colony must neces-
sarily be regarded with great interest by the New
Zealand Company, and as the legal instruments, of
which the publication has been prescribed by Parlia-
ment, might not by themselves be very easily intel-
ligible, I am further directed to transmit to you, for
the information of the directors and shareholders of
the company, the copies which I have the honour to
enclose of a dispatch which Lord Grey has addressed
to the Governor of New Zealand, and which will be
forwarded to him by the earliest opportunity.—l am,
sir, your most obedient servant,
" T. C. Harrington, Esq., Stc.."

" B. HAWES.

INSTRUCTIONS TO GOVERNOR GREY.
Downing-street, Dec 23, 1846.
Sir,—you will have been apprised, long before your
receipt of this dispatch, that in the last session of Par-
liament the Act which I now enclose was passed for the
better government of New Zealand. The motives which
suggested such an enactment are best explained by a
general reference to the correspondence between your-
self and preceding governors of this colony on the one
hand, and myself and my predecessors in office on the
other. Any more specific retrospect would, for my im-
mediate purpose, be superfluous. It is enough to say,
that the necessity of a fundamental change in the sys-
tem adopted by the charter of November, 1840, has been
insisted on by all parties to the discussion, and that there
is an almost equally unanimous concurrence among them,
in the opinion that the change should be in the direc-
tion of calling the settlers to participate much more
largely in the business of legislation and local self-go-
vernment. The accompanying Act is accordingly
framed on that principle.
For the institutions established under the charter of
November, 1840, it contemplates the substitution of mu-
nicipal corporations for the government of each separate
district of New Zealand which is or which shall be set-
tled by colonists of European birth and origin. Every
such district is to be erected into a borough; every such
borough is to elect a common council, from which are to
be chosen a mayor and a court of aldermen ; every
such common council is to elect members to serve in a
House of Representatives, forming one of the three
estates of a Provincial Assembly. For this purpose the
whole of New Zealand is to be divided into two or more
provinces. In every such Provincial Assembly laws will
be made for the province by the House of Represents
fives, by a Legislative Council, and by the Governor,
who, together, will constitute the Provincial Legislature.
But, as there are many topics of general concern to
all the inhabitants of New Zealand, respecting which
some uniformity of legislation and of administration will
be indispensable, it is further provided, that a General
Assembly of the New Zealand Islands shall be holden
by the Governor-in. Chief. That General Assembly will
be composed of himself, and of a Legislative Council,
and of a House of Representatives. But no one will be
a member of the Legislative Council of the General
Assembly who is not also a member of one of the Legis-
lative Councils of the Provincial Assemblies ; neither
will any one be a member of the House of Representa-
tives of the General Assembly who is not a member of
one of the Houses of Representatives of the Provincial
Assemblies.

In order to adapt the system of the local executive
Government to this scheme of provincial and general
legislation, the charter (if the mere text of that instru-
ment be alone regarded) provides for, and supposes, the
creation of five different offices. They are a Governor-
in-Chief of New Zealand, a Governor of each province,
and a Lieutenant-Governor of each. But the actual
appointment of five such distinct officers forms no part
of the design at present entertained. It is proposed to
aadress to the same person the commissions ofGovernor-
in-Chief and of Governor of either province; and to ad-
dress to another person the commissions of Lieutenant-
Gov, rnor for each. Although, with a view to precision
and to various technical considerations, all the offices in
question are mentioned in the charter as distinct, they
will thus (at least for the present) be combined in the
hands of two persons only.
Of these, the highest—who will be at once Governor
and Governor-in-Chief—will be the official superior of
the other, who will be designated in each province as the
Lieutenant-Governor of it. The relation will not be one
of mere precedency and rank, but will carry with it
effective authority on the one hand, with subordination
and obedience on the other hand. To the Governor, in.
Chief it will belong exclusively to correspond with ;her
Majesty's Secretary of State having the department of
the colonies. To the Lieutenant-Governor it will belong
to correspond exclusively with the Governor-General.
The authority and control exercised by the Secretary of
State over the Governor-in-Chief will, by the Governor-
in-Chief, be exercised over the Lieutenant-Governor.
That authority will extend even to the suspension of the
Lieutenant-Governor from office, if unhappily the neces-
sity for so extreme a measure should ever arise.
The Governor-in-Chief will fix his own place of resi-
dence according to his own estimate of the greater or
less demand for his presence in one or in the other pro
vince. But, wherever he may be, he still acts as Governor
of the province in which he may, be resident, and a,
Governor-in. Chief of the whole of New Zealand, direct
ing and controlling the acts of the Lieutenant-Governor
as often as he may think any such control or direction
requisite.
To provide for the administration of the executive
government of either province from which the Governor
in-Chief may absent himself it will be in his choice,
according to his view of the exigencies of the public
service, either to call on the Lieutenant-Governor to
reside and to act for him there, or to appoint a Lieu-
tenant-Governor for the purpose, whose appointment
will be made to terminate on the overnor-ia-Chiefs re-
turn and resumption of his own office as Governor of
the province for which such temporary appointment may
have been made. You will find that the necessary
powers for this purpose are created by the charter.
In favour of this scheme of municipal, legislative, and
executive polity, I rely on the following considerations :
is framed with as close an adherence as circum
stances would allow to the model of our English insti-
tutions, an object which I regard as of the highest
importance in every such design. It adheres as nearly
as practicable to that scheme of colonial policy once
diffused over the greater part of the North American
Continent, and still surviving in our remaining colonies
there, and yet to be distinctly traced in the constitutions
of the flourishing states new united into the great
American commonwealth. It provides for the local
self.government of districts in a country where the dis
version of the settlements is such as to render any one
central authority incompetent to that task. But while
public spirit and a practical acquaintance with public
affairs will thus be cherished in every part of New Zee-
land, the erection of provinces and provincial assemblies
will, I trust, counteract the tendency which such corpo
rate institutions must otherwise have to disunite, in
interest and in feeling, the various remote districts
from each other. Natural causes forbid the combi-
nation of all those districts in the choice of members to
e sufficientt the to consolidate
and cement and
serve in single assembly foarttphreewsehnotl,enonfdNpeerwhaZpesalmanodre;
but two such assemblies
than two such hereafter, may b.
~protect the t itnhtoesreeisnsteof variousrcolonialontese-
parate boroughs. To prevent
overor suchth e f rge egnueernatl ierredontnotryw,attchbe
the exclusive care of
General Assembly is charged with
tnhuemobtehrer will,is occurrence elsewhere,
.who
stance that the General Assembly w
those interests, and with no other funicltiieoonn.sTishteocfirmcuemes:
hers chosen by the provincial assemblies out of their own
eltohoope,
and the general Lislatures. I anticipate, however,
estewcueerintythaegaloincaslt
that for some time to come the occasions which will
arise for calling together the General Legislature will
probableprov e a n effectual
conflicts
h
be exceedingly rare, and the amount of business to be
transacted by it very small; it will only be necessary
t relation corporations
o f
constituents
that it should meet when some change is required in the
existing law upon those subjects with which the separate
Legislatures will not be competent to deal.
Byplacinin h placing
thee
tires of each other, they will have sue
and
the
and Houses
sentativest a
h common interests
with so much of mutual control, as probably to maintain
them both in the possession of their
appropriate powers,
without the risk of encroachment on either al 'd The
I
scheme of executive government which e.
have briefly
explained will assure to the various authorie • cipal and legislative, of New Zealand the benleefis,tmtounble.
derived from unity of purpose and uniformity of
in the conduct of the administrative branch system
anch of the public
service.
To this project it has been objected, that it introduces
a system too complicated to be easily understood or
efficiently executed. The answer to that objection I
think is, that the inevitable conditions of the practical
problem to be solved were more than usually numerous
and complex. So wide is the extent of the whole terri-
tory, so remarkable the dispersion of the settlements
there, so many the impediments to rapid intercourse be-
tween them, and so strangely contrasted the habits and
characters of the different races of the inhabitants, that
it became necessary at least to attempt the reconcilement
cr orpcsitb and yet co-existing clangers. Th., re was the
ti Alger of enervating all the sprivg,s tai ucverira,;:t
the undue dispersion of separate authorities, and there
was the danger of impeding the useful action of the

Government by an undue centralization of its powers.
In the Act which was submitted to and sanctioned by
Parliament, her Majesty's Government attempted as far
as possible to escape from both of these difficulties.
Whether the scheme adopted affords the best attainable
reconcilement of them or not, it will scarcely be denied
that they were serious difficulties, and admitted of no
safe solution of a short and simple character.
But, in framing the Act, her Majesty's Government
were not forgetful of their extreme liability to error when
acting in reference to a state of things so remote from
their observation and from their own personal expe-
rience in the business of civil administration. It was,
therefore, studiously provided that the adaptation of
:his law to the local circumstances of New Zealand
should be transferable to those who should bring to the
discharge of that duty the greatest amount of local
:tnowledge and the best opportunities of ascertaining th,
state of public opinion amongst the colonists. The broad
outlines of the scheme having been partly drawn by Par-
liament, and the Queen in Council being authorised to
complete these outlines, her Majesty was also empowered
o delegate to the Governor-in-Chief the duty of filling
up all the various details ; and so wide aro these powers
af delegation as to supply a remedy for any errors of
mere ignorance or oversight into which her Majesty's
confidential advisers may have unconsciously fallen.
I now transmit to you four instruments for carrying
this Act of Parliament into effect. Of these the first is
a new charter for the government of New Zealand. It
is little more than a mere creation of the powers, muni-
cipal, legislative, and administrati►e, which the Act of
Parliament authorises the Queen so to create. It re
Deals the charter of 1840, leaving it, however, to the
Governor-in-Chief to determine at what time the new
charter shall be promulgated and brought into operation.
You will observe that the Act of Parliament enables
her Majesty for a limited time to continue in force, as
regards the province of New Ulster, the charter of 1840.
When this measure was submitted tokParliament there
seemed reason to believe that it might be desirable to
make a distinction between the northern and the southern
settlements, with regard to the time at which the intended
change in the form of government should come into ope-
ration; but more recent information has led to a different
•:onclusion, and, accordingly, her Majesty has not been
advised to avail herself of the power with which she was
invested in this respect.
The second instrument is the series of instructions
ander the royal signet and sign manual to which the
charter refers. This, as will appear in the sequel, is the
instrument in which the plan of the new constitution is
exhibited in all the detail in which it has been possible
to prepare it in this country. Technical reasons, into
shich I need not enter, render it highly convenient to
make the instructions, rather than the charter, the
channel of signifying the royal pleasure at full length
and circumstantially.
The third of the accompanying documents is your own
appointment as Governor-in Chief of New Zealand, and
AS Governor of each of the provinces into which those
islands will be divided.
The fourth and last instrument constitutes Mr. Eyre
Lieutenant-Governor of each of the two province► which
,t is now proposed to establish.
It may be convenient that I should in this place point
out how vacancies in these offices are to be filled provi-
sionally, whenever the necesssity for such provisional
appointments may arise. If the Governor-in-Chief
should die, or otherwise create an unexpected vacancy,
the following is the order in which the various officers
capable of a provisional succession will be called to it,
each later designation always supposing the absence
from New Zealand of any person bearing the immedi-
ately preceding designation. In'the case supposed, then,
the provisional succession will devolve, first, on the Go-
vernor of New Ulster; secondly, on the Governor of
New Munster; thirdly, on the Lieutenant-Governor of
New Ulster, if appointed immediately by the Queen;
Fourthly, on the Lieutenant-Governor of New Munster,
if appointed immediately by the Queen; and fifthly, on
the senior officer for the time being in command of the
Queen's troops in New Zealand.
On the death or absence or other vacancy of the office
if the Governor of either province, his office will be
filled by the Lieutenant-Governor of it

On the death or absence or other vacancy of the office
of Lieutenant-Governor of either province, the vacancy
•ill be filled provisionally by an officer to he appointed
by the Governor-in-Chief. I have already observed,
that Lieutenant Governors so appointed will not stand
in the line of provisional succession to the general go-
vernment.

Provision being thus made for establishing the muni-
cipal, the legislative, and the executive :institutions of
New Zealand, there is a virtual accomplishment of all
that is necessary for its future government. From those
institutions will flow all subordicate powers, judicial,
fiscal, magisterial, or of whatever ether nature they may
bc. The resFe2tive Legislatures will progressively
mould Ihese derivative organs of government into such
!'orms as the exigencies of society shall require. To a
great extent it will be competent to those Legislatures
so to mould even the instution which the c
_Jur itself
creates, by _regulating the elegtive ft irttd the
whole system of elections, madicipal and legislative,
care being taken that no such enactments be either re-
pugt ant to the text or at variance with the spirit of
he Act or of the charter. To prescribe fundamental
rules, and to create an authority for the better adapta-
tion of them to the real wants of the colony, is the only
function which the Queen or Parliament have assumed
to themselves, or could properly have assumed.
At first sight it may appear that something more than
this has been aimed at in the accompanying royal in-
itructions. They are unavoidably copious and minute ;
but they will be found rather to impart powers than to
lay down inflexible rules ; and so wide is the field over
which the subject ranges, that even to accomplish this
design has unavoidably led into many elaborate and pro-
tracted details.

To render those details as clear and as useful as may
be, they are drawn up, not in the usual form, but in a
series of chapters, each of which is subdivided into sec-
tions, the whole being introduced by one comprehensive
reference to the powers under which the instructions are
issued, and by one equally comprehensive declaration of
the royal pleasure that they shall be observed. Much
tautology and useless repetition is thus avoided.
Believing that the instructions, as thus prepared, will
be found to convey their meaning perspicuously and
completely, I abstain from any attempt to recapitulate
or to explain their provisions. I turn to other topics, on
which it seems indispensable that on the present occasion
should convey to you explanations for which, of course,
no appropriate place could be found in the legal instru-
ments already mentioned. I advert especially to what
relates to the aborigines of New Zealand, and the settle-
ment of the public lands in those islands.
I cannot approach this topic without remarking, that
the protracted correspondence to which it has given rise,
the public debates and resolutions which hare sprung
from it, and the enactments and measures of your pre-
decessors in the Government, have all contributed to
throw into almost inextricable confusion the respective
rights and claims of various classes and individuals
amongst the inhabitants of New Zealand, to render very
embarrassing the inquiry into which you must doubtless
be engaged respecting the line of conduct which her
Majesty's Government expect you to pursue, and at the
same time to make it almost impossible for us to deter-
mine, with any confidence, what that conduct ought to
be, and how far, in a state of affairs so complicated, it is
possible now to act upon the principles to which, in the
absence of these difficulties, I should have prescribed
your adherence. I will not attempt any retrospect of
those documents and proceedings ; I should but be
adding to the perplexity which I acknowledge and re-
gret. It shall be my attempt rather to explain, as
briefly as the nature of the subject admits, what is the
policy which, if we were unembarrased by past transac-
tions, it would be right to follow, and which (so far as
any fresdom of choice remains to us) ought still to be
adopted, regarding the right of property in land, which
should be acknowledged or created, more especially as
affecting the aborigines of New Zealand.
I enter on this topic by observing that the accompany-
ing statute,!9 and 10 Victoria, chap. 104, sec. 11, repeals
the Australian Land Sales Act, as far as relates to lands
situate in New Zealand. Thus there is a complete ab-
sence of any statutory regulations on this subject. The
Queen, as entitled in right of her crown to any waste
lands in Le colony, is free to make whatever rules her
Majesty may see fit on the subject. The accompanying
charter accordingly authorises the Governor to alienate
such land'.l.he accompanying instructions direct how
that power is to be used. I proceed to explain the
motives by which those instructions have been dictated.
The opinion assumed, rather than advocated, by a
large class of writers on this and kindred subjects is, that
the aboriginal inhabitants of any country are the pro-
prietors of every part of its soil of which they have been
accustomed to make any use, or to which they have been
accustomed to assert any title. This claim is repre-
sented as sacred, however ignorant such natives may be
of the arts or of the habits of civilised life, however
small the number of their tribes, however imperfect or
occasional the uses they make of the land. Whether
they are nomadic tribes despasturing cattle, or hunters
living by the chase, or fishermen frequenting the sea-
coasts or the banks of rivers, the proprietary title in
question is alike ascribed to them all.
From this doctrine, whether it be maintained on the
grounds of religion, or of morality, or of expediency, I
entirely dissent. What I hold to be the true principle
with regard to property in land is that which I find laid
down in the following passage from the works of Dr.
Arnold, which I think may safely be accepted as of au•
thority upon this subject, not only on account of his
high character, but also because it was written, not with
reference to passing events, or to any controversy which
was at that time going on, but as stating a principle
which he conceived to be of general application:—
" Men were to subdue the earth; that is, to make it
by their labour what it wonld not have been by itself;
and with the labour so bestowed upon it came the right
of property in it. Thus every land which is inhabited
at all belongs to somebody ; that is, there is either
some one person, or family, or tribe, or nation, who
have a greater right to it than any one else has; it
does not and cannot belong to everybody. But,
so much does the right of property go along with
labour, that civilised nations have never scrupled
to take possession of countries inhabited only by tribes
.f say,,irnz_eountri,s ,Al)iPh have hunted iver, bit
ue;er sublued or euiLivated. It is true, they have often
gone further, and settled themselves in countries which
were cultivated, and then it becomes a robbery; but when