(6, p. 66.)

The functionaries of the New Zealand Company, in carrying on their form of self-government, had begun to build a court-house and council chamber, part of which had been erected, and also notices had been printed and handed round, for the settlers to form themselves into a local volunteer militia, to be under the command of Colonel Wakefield, and to meet for drill and exercise once or twice a week. But in a day or so afterwards, and before the first muster took place, a deputation from the Colonial Government of Sydney came into port, and proceeded with a corporal’s guard to pull down the N. Z. Co’s flag, which had floated in the breeze since the land had been purchased, and raised the union-jack in its place. In a day or two afterwards, the principal Agent and some others were called to account by the magistrate sent from Sydney, who seemed to look upon the colonists in general as a set of runaway rebels, and the gentlemen before him as the ringleaders, setting up a republican government in opposition to the dignity of their lawful sovereign, the Queen. However, after the matter was fully explained to the satisfaction of the bench, the gentlemen at the bar were acquitted, after paying a fine of £5 each. But the matter did not rest here; a proclamation was issued, that no valuable timber in the forest was to be cut down for any purpose, and all timber found at the sawyers’ pits after a certain day was to be forfeited. This was the occasion of a good deal of grumbling among the sawyers and timber-dealers, who set about taking away what timber they had at their pits in good time. After a few days, this grievance was mitigated by another notice, stating that licenses would be granted to sawyers and others for liberty to cut what timber they required.

Captain Hobson was appointed Lieutenant-Governor over New Zealand, under the Government of Sir G. Gipps, of New South Wales. When he came to New Zealand he set up his seat of Government at the Bay of Islands, and there issued a proclamation, claiming all lands in this Colony as the property of the British Crown, granting only a circle round Port Nicholson of twelve miles radius, centring at the Post Office, which stood on Thorndon Flat, for the use of the Company. This was another sad vexation to many who had chosen land beyond that boundary, as being obliged to give it up, and make another and inferior choice elsewhere, and to others who had expectations of getting sections beyond such bounds; but the most clamorous of disappointed owners of land orders were some agents of absentees. Great credit, however, is due to the exertions of the principal Agent, who went to the seat of Government (Bay of Islands) to negotiate affairs with the Lieutenant-Governor, though without effect, and also to Dr. S. Evans, Mr. Hanson, and others, who next went to Sydney on a like errand, and who, though they were untiring in their efforts at the Government offices in pushing the case of the colonists and the Company’s claims, yet after all their endeavours they could get no satisfaction, and had to come away as it were with a sad disappointment, and which spread a darker gloom over the already shaded aspect of colonial affairs. But, still further; the magisterial authority which prevailed in the settlement was that which belonged to a penal Government. The police, though of the Company’s immigrants, were, it was reported, armed with pistols, and carried with them short batons, and had their pockets well stored with hand-cuffs, and, as I have heard it affirmed, that they were expected to bring up as many culprits as would pay their wages, or be at the risk of being dismissed the service, and which served as a means to excite them sometimes to provoke a reason for dragging one up to judgment. In going along the beach of Wellington, which was nothing of a smooth road, if one only knocked his foot against a stone in his haste so as to make him stammer along a few steps, he was suspected for being drunk, and consequently taken up and fined 5s., or have a few hours in the stocks if the fine would not be paid; or if one happened to go home from a social meeting of friends, quietly but rather late, he stood in great danger of being obliged to pass the remainder of the night in an uncomfortable and cold lock-up. Things went on in this way, though several remonstrances were made against such tyranny, till one morning Mr. Murphy, the then acting R.P.M., was rather surprised on seeing Dr. Evans, J.P., enter the bench and sit down alongside of him. After exchanging looks of unutterable things, Mr. Murphy asked what business he had there. The Doctor replied, looking hard at him through his spectacles, “I am come to see that justice is done in court.” After some further conversation pro. and con. concerning the Doctor’s intrusion, and finding him firm to his purpose, Mr. Murphy lifted his hat and walked out of court, leaving the “worthy Doctor” to transact the business of the day. This proved a great check to the then existing “rigours of the law.”