The Sun.
London, England, 1844-12-10 00:00:00

NEW ZEALAND.

The following is a copy of the memorial of Francis
Healy to Lord Stanley, dated July, 1844:--
That memorialist purchased from the New Zealand
Company, in August, 1839, a section of land comprised
within what is termed the " second series" of their settle-
ment in New Zealand. That by the " terms of purchase"
he was entitled to choose the aforesaid section, not only
in any of the settlements or territories alleged to be then
in possession of or claimed by the said Company, but also
in any others they may at any time afterwards acquire
in New Zealand. That memorialist was induced to make
said purchase from the apparent respectability of said
Company, particularly the Directors thereof, and from
their published statements and advertisements, in which
they stated themselves to be already in possession of
large tracts of land in that country, and to have dis-
patched " expeditions" to purchase other lands also
there ; and that they had sent out a large " staff" of
surveyors with the " expedition," in order to have the
land ready for selection and delivery on the arrival of the
purchasers and intended settlers under said Company ;
all which lands under those and many other seductive
circumstances they publicly offered for sale. That memo-
rialist emigrated with his family and a servant (in all
eight souls), in Sept., 1839, with the fullest confidence
in those statements, and also with the repeated assurances
of Mr. Ward (the then secretary of said Company), that
memorialist would be put into possession of his land
within a few weeks after his arrival in New Zealand; but
that, notwithstanding, he has never since obtained it.
That memorialist arrived in Port Nicholson, New Zea-
land, on the Bth of February, 1840, and found to his
utter astonishment, that the " staff" of surveyors sent
out by the Company to survey and lay out 150,000 acres
of land (in which was included the intended township
or city of Wellington), in one of the most difficult coun-
tries in the world to effect surveys, comprised only three
individuals, viz., Captain Smith, R.A., Mr. Stokes, and
Mr. Parks ; and that, although after their arrival two
assistants had been added to their force, still that little,

if anything, had been done by them. That memorialist
has never heard and does not believe that any other ad-
ditions were made to the aforesaid " staff" for a period
of at least two years, although one of them (Mr. Parks)
had resigned shortly after his arrival in the colony; but,
on the contrary, that one of the above assistants was dis-
missed after a short time for some alleged offence, which
was generally considered frivolous, and one certainly
not at all connected with the discharge of his duty. That
memorialist was deprived, shortly after his arrival in
New Zealand, of the numerical position he was entitled
to hold under land orders in the Company's books of
registration there, through the arbitrary and improper
interference of the Company's agent, by which memo-
rialist sustained considerable injury, and which the
Company have refused to rectify or give compensation
for. That in February, 1841, a notice was served
on memorialist, to attend at a place called Wanganui
(distant about 150 miles from Port Nicholson, and at-

tamable then only by means of a voyage over one
of the most dangerous coasts in the known world),
to select land there. ' That he did attend there, at the

imminent risk of his life and at considerable loss and

expense, but found upon his arrival that there was no
land surveyed or ready for selection ; and, still more,
was informed by the surveyor that he never gave the
slightest intimation or hope to the Company's agent, or
any other person, that land was then or would be ready.
for selection at any definite period. That memorialist
has heard, and is now fully convinced, that the whole
proceeding was got up by the Company's agent for a
purpose. That memorialist applied to the agent for the
cash expense (only) he had been put to in making that
voyage, and was refused ; but in consequence of an ap-
plication to the Directors, he received (in about a year
after) half of what he claimed. That about the end of
August, 1841, Captain Hopson having arrived in Port
Nicholson, memorialist communicated with him per-
sonally and by letter, and stated the cruel and heartless
manner in which the Company and their agent had been
acting towards him, and its consequences upon his fa-
mily and his resources. That Captain Hopson remon-
strated with the agent, who promised him (in conse-
quence) he would offer land for selection in a few weeks
and satisfy the claims of memorialist. The t immediately
after a placard was posted in several parts of the town,
calling a meeting of parties interested in Wanganui
land, but specifying no object, and having no signature.
That a meeting, however, was got up, the result of which
was, that the agent issued a notice that he would cause
land to be offered for selection at Wanganui. That me-
morialist, with several others, had engaged their pas-
sage to the above place in a schooner named the Gem,
being the only vessel in Port Nicholson then available
for that purpose ; that, however, Captain Wakefield
(brother of the agent) haring arrived in Port Nicholson
just then, the friends of the agent invited him to a pub-
lic dinner, and, therefore, in order that some of his
friends who were about going to Wanganui might be
present at the said dinner, the said schooner was char-
tered nominally by his nephew and two others, his per-
sonal friends, but in reality by the agent himself, and
thus deprived memorialist and the uthers of the only
opportunity then open to them of being present at
the intended selection. That the sailing of said schooner
was not permitted, and did not take place until the day
after the said dinner, which critically happened to be the
day before that on which the land was advertised for
selection at Wanganui, and where it was impossible she
could arrive in sufficient time. That, however, the agent
guaranteed the land should not be so offered for selection
until said schooner arrived at Wanganui, and that he did,
in accordance with that guarantee, send a messenger
overland with written instructions to the Surveyor-Gene-
ral to that effect. That under those circumstances, and
relying upon the integrity of the Company's agent (as
such), and there being no other mode of conveyance,
memorialist waited for and sailed in said schooner. That,
however, upon his arrival (in about a fortnight after) at
Wanganui, memorialist found that the land had been
offered for selection and chosen * on tho day originally
advertised; whereby memorialist was deprived of all the
advantages he was entitled to in the prienty of his choice
(being one of the very first) and:in the selection of the
laud. That memorialist claimed from the agent compen-
st.tion for all the losses and expenses thus sustained
through him, which he refused to give, alleging as his
reason that " he only promised to send a messenger, as
aforesaid, to Wanganui to the Surveyor-general, but that
he did not promise his messenger should perform the
journey or deliver his instructions." That memorialist
forwarded to the Directors of the New Zealand Company,
in January, 1843, a full statement of the above facts, ac-
companied with certificates from certain gentlemen in the
colony:(bearing upon the last-mentioned subject), and also
with his affidavit corroborative of his statements ; and
that he solicited from the said Directors conpensation for
all the losses sustained by him through the non-fulfilment
of their contract with him, as well as those sustained
by him in the colony through the improper conduct of
their agent; and that, although memorialist stated in the
aforesaid documents to the Directors that his capital,
consisting of 400 sovereigns, and property amounting to
501: or 60/. more, had been expended at that time in the
maintenance of his family, yet that he received no
answer to his application up to and including January
last. That memorialist, therefore, as the only resource
open to him of obtaining redress, was driven to the cruel
necessity of taking leave of his family, and of with-
drawing at once his support and protection from them
under circumstances of a heartrending nature, and to re-
pair to London with a view of obtaining from the New
Zealand Company compensation for all his losses, and,
in the event of their refusing to do so, to throw himself
at the foot of the Throne, and solicit from her Majesty
and her Government, and especially from your Lord-
ship, protection and justice. That said Directors having
now declined to give memorialist compensation or re-
dress of any kind for all the injuries and injustice they
have inflicted oa him and his family, memorialist most
humbly and earnestly solicits your Lordship will take
his melancholy case into your kind consideration, and
grant him, at your earliest convenience, such assistance
and protection as may be within your Lordship's power.
That memorialist most respectfully begs to draw your
Lordship's attention to the accompanying papers, and
in an especial manner to the copy of an official letter
received by him from the secretary of Captain Hopson,
wherein your Lordship will find unequivocal evidence
to disprove the statements put forward by the New Zea-
land Company that the Government (at all events, up to
that period) had obstructed or prevented them from fulfill-
ing their contractswith the unfortunate settlers under them.
That memorialist most respectfully submits that he
is now fully convinced the New Zealand Company eould not
have been sincere or honest in their transactions with

him from the beginning, and that he grounds this convic-
tion on the facts—first, of their professing to have and to
sell land in New Zealand which, in point of fact, they
had not at the time, and to specify (as in the instance of
memorialist) various and distinct portions of the islands
in which purchasers under them might choose their sec-
tions, but which they (the Company) not only had not
then, have not since had, nor are ever likely to acquire;
and secondly, from their professing to have sent out a
large " staff" of surveyors, in order to have the land
ready for delivery to the intending purchasers on their
arrival in the colony ; whereas, in reality, they only sent
three individuals for that purpose (as already stated),
and that they did not increase, but diminished, that
number for a period of at least two years ; which cir-
cumstance in itself, memorialist most respectfully sub-
mits, bears strong evidence of their not having intended
to fulfil their contracts or engagements. That, in con-
clusion, memorialist most respectfully begs to remind
your Lordship of the length of time which has elapsed
since he purchased from the Company—the many and
valuable years of his life and those of his family thus
wasted during his long and wretched residence in New
Zealand—the unjust and heartless treatment he expe-
rienced there from the Company's agent—but, above all,
to the melancholy and precarious position in which his
family are now placed, without that support and protec-
tion so peculiarly essential in New Zealand ; and he
again implores your Lordship most respectfully and
earnestly, in the name of justice and humanity, to grant
him such redress and assistance as shall seem most fitting
to your Lordship, and your memorialist, as in duty
bound, will ever pray.

* On map.

The plans of railway lodged for the county of Kent
seem to be the North Kent (Vignoles's line), and the
Central Kent (Rennie's line). The latter was brought
forward some years since, and the notices have been
every year renewed. It is now understood that the :ori-
ginal opponents of the line, the landed proprietors, have
become favourable to its adoption, and that the old
committee of management will be strengthened, and the
undertaking immediately brought forward, with a view
to an application to Parliament this next session. The
part of the capital subscribed, and the scrip held, will
continue in the company to the extent of its proportion
or value.

The Antwerp letters received on Monday morning
state that the frost had
.set in with great intensity in
Flanders, and was rapidly upon the increase. The
Spheldt was free from ice, but the interior navigation
was, for the moment, suspended.