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Contributions to the Early History of New Zealand

Chapter XXII

page 154

Chapter XXII.

First and Second Sessions of Provincial Council, 1854 and 1855—Land Legislation and its Difficulties—First General Assembly—s.s. Nelson and Fares—Settling on the Land—First Emigration from Australia—The Gil Bias' Voyage—Emigration from Great Britain—Road and Town Board Ordinances—Educational Matters and Mr. Grant's Academy—Postal Arrangements—Dissolution of Council, and Enlarged House and Districts—Dr. Schmidt's Disastrous Attempt at Exploration—Captain Stokes of the Acheron.

The first session of the Provincial Council extended from the 30th of December, 1853, to the 25th of April following. It was held in the Mechanics' Institute, which had been rented for the important occasion. A table, adorned with blue cloth, was placed at one end, around which the nine councillors sat with whatever dignity was justified by the modest surroundings, and at a respectful distance from them accommodation was provided for the public. But if pomp and grandeur were absent from this miniature parliament it soon became plain that the formality and circumstance of the great Westminster Assembly were not to be omitted. A Speaker, in the person of Mr. Macandrew, was elected, and he was then solemnly conducted to his chair. Then entered His Honour the Superintendent, all standing to receive him. The Rev. Thomas Burns acted as chaplain and said prayers. Following this the Superintendent delivered a lengthy inaugural address—equivalent to the Speech from the Throne; this concluded, he withdrew, all standing as before, and after some formal business the House adjourned. As the session progressed the game of Parliament was played with uncommon fervour and accuracy, and but for the fact that some good work was done, and that all were trying their 'prentice hands, it seemed not unlike children playing at shop or keeping house. An Executive was formed, there was a ministerial crisis, a vote of want of confidence, a resignation and a new-formed ministry. Messages were sent down to the House, a gazette published, and one Proclamation at least issued from "Government House," meaning, thereby, the pretty page 155cottage of the Superintendent. The executive originally consisted of three members, but towards the close of the Session it dwindled to one, Mr. Macandrew holding the unique office. But though he did not enjoy the "confidence" of the House, and though his measures were thwarted he clung bravely to his post, either not being turned out or refusing to be so. The story is told by some, but by others denied, that the dignity of the House was sadly upset on one occasion by the little daughter of one of the councillors, a tailor by trade, who, running up to her father, abruptly exclaimed, "Father, father, Jimmy Broon has ca'ed for his breeks!"

It was speedily evident, not only to the Otago Provincial Council, but also to those of the other provinces, how serious an evil had been committed in calling the various Councils into existence before the General Assembly; it was—again to use Mr. Fox's words—"putting the cart before the horse." Not only was it impossible to frame measures suitable for the general government of the colony and to allocate its revenue and expenditure, but a narrow and provincial spirit was developed which long retarded the advancement of New Zealand. Each Council sought its own interest, indifferent to that of its neighbour, and endeavoured to control and regulate its lands in a way unauthorized by the Constitution Act. In the address to this Council, Captain Cargill said, in a characteristic and wary way, "I humbly think our policy should be to take all that is given and use it for the public good." So that, when the General Assembly at last met, many of its members had been spoiled and a provincial spirit pervaded it quite unfavourable to the progress of the country.

It was long before this sentiment disappeared, if, indeed, it has wholly disappeared yet; and the opposition to the Abolition of Provinces Bill of Sir J. Vogel was very strong indeed, Mr. Macandrew being one of the most unyielding opponents of the measure.

The most prominent question discussed was, of course, the all-absorbing one of the land; but no satisfactory progress was made, the Council having no authority to deal with it until the meeting of the General Assembly, which alone could delegate the necessary powers to the various Councils. Still, the matter was well ventilated both within and without the Chamber, and it thus became easy to frame in the course of the following year such regulations as were approved of by the community, and finally became law. This question of the control of lands page 156formed a bone of contention and bitter source of controversy between Captain Cargill and Mr. Mantell, the Commissioner, until terminated by legislation. Of all the members of the "Little Enemy," this gentleman was the most formidable, possessed as he was of cutting satire and the knowledge of how and where to apply it with effect. It thus happened that Captain Cargill was held up to considerable ridicule in his first attempt to deal with the land. A notice signed by him appeared in the Gazette, containing some regulations of the Provincial Council for the better disposal of waste land, and also a letter addressed to Mr. Mantell, requesting him to abstain from selling further lands within the block. But Mr. Mantell was not so readily to be superseded. He issued a counterblast in the paper of the following week notifying that sales would be continued as heretofore without reference to the Superintendent, and that to be valid they must be signed by himself, as Commissioner. This was followed up by a lengthy letter to the Superintendent, who was accused of acting in defiance of the law, of altering it for his own purposes, and of treating the General Government with audacious contempt. Such is an indication of one of the many difficulties existing in the transition period between autocratic and self-government. Nor did this special difficulty disappear until the Land Sales and Leases Ordinance, 1856, came into operation, putting an end to cross-purposes and uncertainty. Happily the General Assembly was summoned at last, meeting for the first time on the 24th of May, 1854, at Auckland, and adjusting the relations between the General and Provincial governments. If the session of the Council was marked by much that was ludicrous, that of the Assembly was disfigured by many stormy and violent scenes. The government brig Victoria, reputed amongst sailors to be little better than a tub, took the southern members—Messrs. Macandrew, Cutten, and John Cargill, and Captain Bellairs of the Upper House—to the scene of their labours, which they reached after a voyage of precisely two months. Here it was that a strong difference of political opinion, if not of animosity, sprang up between Messrs. Cutten and Macandrew, who accused each other of supporting measures calculated to injure the province. An outcome of this was the appearance of the Colonist, Mr. Macandrew's opposition newspaper. The session lasted nearly three months. The return journey was made in the steamer Nelson, of 220 tons, in something under three weeks. The Nelson page 157had been engaged for a few months in running between Sydney and Auckland, and was the first merchant steamer to visit Port Chalmers. The fare from this port to Lyttelton was £5, to Wellington £7 10s., to Nelson, £10 New Plymouth, £12 10s., and the Manukau, £15.

The second session of the Council opened on the 31st of October, 1854, and dragged its slow length along for nearly a year. As, however, it was dissolved by the Governor, on the petition of its own members, all proceedings after the 17th of September, 1855, were deleted. As on the previous occasion, there were the usual crises and new ministries, and encroachments on the prerogative of the Superintendent and his Executive. Frequently the members grew listless and indifferent, and often the House adjourned from day to day for want of a quorum. Various as are the properties of the number nine, they are almost useless in playing the game of Parliament. This the Councillors speedily discovered, and one of their first acts in the new session was to remedy the defect by passing an Ordinance increasing their number from nine to nineteen, and that of the electoral districts from two to eight; it also authorized the making of a new Electoral Roll. The petition for dissolution was thus a corollary.

The desire of the people to disperse and occupy the land was in no way abated by the conflicts between the Superintendent and the Commissioner, or the want of final legislation on the subject. It had rather been fomented by constant discussion, and by increasing reports, that land flowing with milk and honey awaited settlement in every direction. To meet this pressure the Council issued temporary Land Regulations, which were very comprehensive, extending to no less than forty-five clauses, and relating to the old division of town, suburban and rural lands; to the latter only special reference need be made, involving, as they did, the agricultural development of the country. The price of the land was fixed at 10s. an acre, payable six days after application; a further sum of 10s. a year, for three years, was to be expended upon each acre as improvement, bringing up the total price to £2 a sum beyond the dreams of such speculators as had been created and attracted by Sir George Grey's recent enactment. As these Regulations had not the force of law, an obligation of obedience to them, under evident penalties, was exacted from every applicant—a demand readily assented to, as all rested under the comfortable page 158assurance that any law would but endorse regulations so suitable and full. And so it proved. The result of these measures was very gratifying, and under them many settlers proceeded to take up land, especially in the Tokomairiro District.

A curious proposal was now made by Mr. Macandrew, which shows at the same time the speculative side of his character and his earnest desire to aid the settlers. Money was still as scarce a commodity as ever, and Mr. Macandrew proposed that, instead of the ten-shilling application fees lying locked up and unused in the strong box, 7s. 6d. of it should be returned as a loan to the depositors at five per cent. on the security of their lands. But better counsels prevailed, and Mr. Cutten, with his common sense, showed how such a step would lead to speculation, over-purchase, and general disaster, instead of assistance to the borrower.

An important movement of this nature necessitated the employment of more labour than was available. Since the demise of the New Zealand Company emigration had been scanty, and now the time had come when it must be revived. The entire population numbered but 2600 at the end of 1854. Accordingly a Bill was introduced to compass this requirement, and it is astonishing to find that views so narrow should have been expressed on this occasion. It was urged that an emigration agency should be established in Scotland alone, and that the emigrants should be of the Scotch class. Whilst the Bill was under discussion a largely-attended outside meeting was called to gauge the public sentiment. Mr. John McGlashan and other speakers insisted that the national character of the community should be preserved and remain paramount. But common sense triumphed over prejudice, and it was agreed by an overwhelming majority that, provided the emigrants were of a respectable and suitable class, no preference should be given to particular nationality. By a majority of one the Council took the same sensible view, and authorized the establishment of an agency in London as well as in Edinburgh. At this time the Australian gold fever had greatly subsided, and consequently there were many unemployed, a circumstance of which the Council sought to take advantage. A sum of £500 was appropriated and Mr. W. H. Reynolds was appointed emigration agent. He accordingly sailed for Melbourne in June, 1855, and was so successful that he returned in three months with sixty carefully-selected emigrants, many page 159of whom had capital to invest. Amongst the number were Mr. J. L. Gillies, secretary of the Harbour Board, Captain Thomson, the late harbour master, and Mr. J. G. S. Grant, a schoolmaster, who has been a conspicuous resident in this province for the last forty-three years. Mr. Reynolds and his party returned in the Gil Blas, 175 tons, Captain Nicol, commander, who afterwards cast in his lot as a settler. The little vessel made her voyage from Melbourne in twelve days, sighting the small town of Dunedin from the Ocean Beach. Here her troubles commenced, and afford another instance of the difficulties of navigation in those days. The chart used was that of Captain Cook, which indicates the position of Wickliffe Bay but not of Otago Harbour. Neither the flagstaff of the latter was visible by day nor its lantern by night. The lantern should have been especially conspicuous, as, according to Mr. Reynolds' assurance to the captain, it consumed no less than five gallons of oil a night. But there was no sign of either, nor of any pilot. For eleven days the cautious captain searched backwards and forwards along the coast. His predicament was becoming desperate, when a strong south wind springing up carried him well to the north, disclosing the conspicuous sandbank and Taiaroa's Head. Driver, the pilot, champion amongst yarn and story-tellers, came off, and, hearing the tale of the lantern and its marvellous consumption, exclaimed, "Five gallons! You mean five gills. Here—take the belt!" Mr. Reynolds could only mutter that it was either gallons or gills—something with "g l" in it. From this time onward Australia contributed a constant but small stream of emigration to the province, quite insufficient, however, to meet the demand. In 1857, therefore, Mr. James Adam, now of Tokomairiro, was appointed special agent for the purpose of proceeding to Great Britain and there co-operating with the home agents in promoting emigration. To the sum of £4500, which had already been appropriated to the purpose, it was now determined to appropriate a still further sum of £20,000, raised by debenture and loan. The efforts of this gentleman were immediately successful, and where previously the added yearly population averaged 500 it at once rose to 2800. The special method adopted to assist emigrants was excellent, and one calculated to preserve a sense of independence, and by no means to convert the emigrant into a pauper. He was placed under an obligation to repay the amount of assistance he received within one, two, or three years after arrival. But such is page 160the frailty of human nature where debt is incurred, and where there are loopholes of escape, that ten years afterwards no less a sum than £13,000 was owing to the Government for passage-money unpaid. The auri sacra fames was, however, the all-powerful emigration agent, for in the three years of the gold rush, 1861 to 1863, no less than 78,000 souls quickened the old life into wonderful progress and activity.

Hitherto, as has been seen, almost all public works had rested upon the shoulders of the settlers themselves. Was there a little bridge to build, a small cutting to make, or a portion of impassable road-line to be improved, there were many to contribute labour, others material, and a few a little of that scarce commodity—money. Whilst these co-operated in a generous, willing spirit, others stood by and refused help to the general burden. But the Council now changed all this in its two important Ordinances relating to the town and to the country. Provision was made for making and maintaining the roads throughout the latter by assessment laid on all occupiers of land and owners of sheep and cattle. Even those in the district who held neither were rated as though they occupied five acres. All had the option of being rated through the pocket, or by the sweat of their brow. Several odd provisions were scattered through the Ordinance, but they were suited to the time and the circumstances, and progress amended them. The town sadly needed improvement too; the rough places had not yet been made plain, and swamp and tussac demanded cat-like agility in traversing many a street. In August, 1855, the Dunedin Town Board was accordingly created—parent of the present Corporation, whose existence began ten years later. The Board consisted of nine members chosen by the electors. Little interest was taken in the election, though there were thirteen candidates for the nine places. Mr. John Jones headed the poll with fifty-one votes, and Gallie, a blacksmith, was thirteenth man with four votes. Seven out of the nine Provincial Councillors were candidates, and five were elected, Messrs. Macandrew and Cutten amongst them.

Mr. Jones was elected chairman at the first meeting, and Messrs. Rennie and Kilgour a sub-committee to report on the state of the streets. After these gentlemen, in the execution of their duties, had sprung from tussac to tussac in Frederick Street, and sunk above the ankles in the swamp, they declared at a subsequent meeting of the page 161Board that it would be impossible to make the streets in that locality.

Educational matters, which had been in a state of constant struggle from want of funds, and, it must be added, the apathy of parents, now excited considerable interest and debate, and ended in the passing of an Education Ordinance in April, 1856, which remained in force until 1862. Prior to its enactment a request had been forwarded to Scotland for six teachers to be selected on the recommendation of the Government School Inspectors and the Rectors of the Free Church Normal Schools. The six selected were Messrs. Alexander Livingston, John Hislop, Colin Allan, Ayson, Wright, and Miss Dod. Mr. Livingston, who received £250 a year, was entitled Rector of the High School, though his services began and ended in the primitive little school-house or church which had been devoted to so many different purposes from the beginning of the settlement. He was a competent classical and mathematical teacher, and it must have been with some chagrin that he found his energy and knowledge confined to the teaching of elementary subjects. The school was opened on the 1st of December 1856, and the fees paid quarterly in advance were 12s. for reading, writing, arithmetic, grammar and geography. Mathematics was 3s. extra, and classics 27s. extra still; but there were none to avail themselves of these extras. The hours were from ten to twelve in the forenoon and one to three and four in the afternoon. His assistants were Miss Dod, who had special care of the girls, and his son. He resigned in the beginning of 1862, when provision was being made for a higher and more extended class of education than had been afforded by these purely elementary schools; and, on the death of Mr. Kettle in 1862, he was appointed Provincial Auditor. The Rev. Thomas Hewitt Campbell should have superseded him as first Rector of the new High School but for the calamitous collision between the two harbour steamers, Pride of the Yarra and Favourite, in July, 1863, whereby he, his wife, and five children were drowned the day after their arrival from England. Mr. Hislop (who some years since received the well-deserved honour from Edinburgh of LL.D.) took charge of the East Taieri school, and afterwards filled for long the important post of Inspector and Secretary. Mr. Allan had charge of the Port Chalmers School, and upon his retirement, in obedience to the changes referred to, was appointed Immigration Agent. Mr. Wright went to page 162Green Island, and Mr. Ayson to Tokomairiro. Each teacher, with the exception of the Rector, received £100 a year as salary and ten acres of land. Judging from the average numerical attendance there seems to have been but little progress in these schools between the years 1857 and 1861:—
Sept. 1857.Sept. 1861.
Dunedin100125
Port Chalmers3135
Green Island2042
East Taieri3656
Tokomairiro3443
Total average attendance221301

At the latter date, however, the number of schools throughout the Province had increased to eighteen, the total average attendance being 491.

To return to the Ordinance itself. A strong effort was made by its framers to introduce the religious teaching of the Bible "as set forth in the Shorter Catechism." This was the old red rag which had formerly excited so much ire. A meeting attended by about two hundred people was held, when all but six carried the resolution that the Bible alone should be read without comment. Such an expression of opinion was not to be mistaken, and the words were left out. Another source of grievance lay in the composition of the Boards or Committees. The Central Board consisted of the Superintendent and Executive, the Rector of the High School, and two members from each of the District Boards. The presence of the Executive was viewed as an intrusion and as likely to interfere with the working of the district committees, and this idea was confirmed by the constitution of the latter—viz., seven locally-elected members for each district, together with three members nominated by the Central Board. So strong was this sentiment of interference that the electors in the various districts refused even to form their committees until assured that the nominee addition should remain a dead letter. These district committees were empowered to select their teacher and supervise his welfare, and to determine the amount and character of the religious teaching. It was provided that the teachers' salaries should be defrayed from a tax of twenty shillings a-head upon every male above twenty-one, together with the school fees. But taxes were an abomination, and could not be levied, and page 163eventually, with the exception of the school fees which were exacted, the entire cost was borne by the revenue.

Mr. J. G. S. Grant, noted already as one of the Gil Blas' first emigrants, opened a private school—the Dunedin Academy—with fees ranging from a guinea-and-a-half a quarter, for the "three r's," to five guineas for a more liberal education, including, as his advertisement said, classics and mathematics. With education so neglected, at least in its higher branches, it is difficult to see what success could attend him. Be this as it may, his personal qualities were not such as to attract the interest of others or to forward his own. He developed a fancy for lecturing and preaching, and sometimes travelled considerable distances to indulge the fancy. His addresses were of an inflated and ponderous kind, quite unsuited to gain the attention of his audience, or to impress them with any confidence in his ability. Any chances of success were thus ruined early, and since then Mr. Grant has sustained no more than the rôle of a "character" in the community. His publications—chiefly the Saturday Review and the Delphic Oracle—marked by some ability but more quality of another kind, made him the hero of more than one exciting episode, and now form a curious feature in the literature of thirty-five years ago. When sent to the Provincial Council, at a bye-election in 1865, he sought to protect the unfortunate thistle from the extermination prepared for it in the Thistles Nuisance Ordinance on the ground that it was the Scottish emblem!

In September, 1855, postage-stamps were first introduced, an improvement on the former method of money prepayment. Beyond this there was little advance in the old haphazard way of conducting postal communications. A year later, however, John Graham, or "Jock," as he was usually called, agreed to carry a weekly mail to and from the Molyneux for £150 per annum. As there were no public funds, this sum was raised by subscription from the settlers along the line of road, and out of it he engaged to provide himself with two horses. Jock was quite a character, an excitable restless Scotchman, brimful of energy, so that his somewhat perilous contract was entirely congenial. Bedecked in a scarlet coat, and furnished with a loud resounding horn, he woke up the echoes and created a sensation wherever he went. Being given to "cracking," his "crack" was very welcome to the settlers along the dreary line of route. The story is told of a settler who, returning by night from the Half-Way Bush, page 164and primed with more whisky than was good, stumbled into a newly-opened grave in the old York Place Cemetery. Not knowing where he was, and unable to get out, he fell into a profound sleep, which was not broken until the next morning, when Jock, passing by, loudly blew his horn. The sleeper, thus suddenly roused, and discovering his sad surrounding, sprang up, exclaiming, "Hech, sirs! it's the last trump. Whaur's James Macandrew? I'll gae wi' him." Poor Jock Graham was always a thorn in the side of respectable people; as he grew older he grew rheumatic, and is now ending his days in the Benevolent Institution.

In lieu of the previous two districts and nine members, the Provincial Council was, in December, 1855, augmented to nineteen members representing eight districts. With the exception of Messrs. Gillies and Edward McGlashan, who did not seek re-election, the old members were returned. The new members were James Kilgour, a storekeeper, who was always beloved for his gentle ways and winning manner. It was he who in the early gold days cut up his property and gave it the present name of Roslyn; William Martin, a gardener, of Green Island, who came out in the Philip Laing, a man of high probity and intelligence; Peter Proudfoot, a surveyor, afterwards Chief Surveyor and Crown Lands Commissioner; George Hepburn, a storekeeper, of the Half-Way Bush, one of the first elders of Knox Church; William Smith, an agriculturist, of the N.E. Valley; Edward Lee, gentleman, after whom Lee Stream is called, and one of the first trustees of the Lay Association; Arthur John Burns, son of the minister; John Cargill, son of the superintendent; William Henning Mansford, of Port Chalmers, Custom-House agent and long afterwards Registrar of the Otago University; John Shaw, a well-known settler at Finegand on the Clutha; and Dr. Williams, Provincial surgeon, and the only one of the number who had formed one of the "Little Enemy." The districts were those of the town, five members; Port Chalmers, one member; Eastern (say left of main south road), three members; Western (right of south road), three members; Central (Taieri Plains), three members; Tokomairiro, one member; Southern (south of preceding), two members; and Northern (north of Dunedin), one member.

It was in February, 1855, that a Dr. Schmidt, who had for some months been travelling in the northern part of New Zealand, visited Dunedin and proposed to the page 165Provincial Council that with the assistance they would grant he would undertake a considerable exploration of the interior, which would greatly advance the progress of the settlement and of science. He proposed to travel south, thence up the coast to Milford Sound, going inland along the mountain range, making his way to the Canterbury Plains and across to the Waitaki, returning in six months. At this day such a project would be counted foolhardy, even for well-equipped and competent bushmen, and Dr. Schmidt possessed neither of these qualifications; it would seem, moreover, that his pretensions to scientific knowledge were very trifling, and that he was in fact a charlatan. But Mr. Macandrew took him by the hand and the Council advanced him the large sum of £100. He proceeded south, and after visiting Ruapuke returned to Waikawa, intending to make his way with a half-caste boy overland to the Molyneux, where he had previously left some stores on his journey down. He despatched his boat to the Molyneux in charge of two men, intending there to join them. Time passed without any tidings, and then at the instigation of Dr. Menzies, a Mataura settler, the Provincial Council instituted a search party, which commenced its quest at the Waikawa, proceeding north. But the unfortunate man was never found, and it was supposed that he had been lost in the dense tangle of the Waikawa or Tautuku bush, and there the matter ended. Two years later it was reported that his body had been discovered near the edge of the former bush, but the statement was untrue. A year or two ago the writer was able to carry the sad story to its conclusion by gathering from the lips of old John Hartley Jenkinson, now deceased, its final incidents. The story, though full of adventure and dramatically told, is too long for repetition here. Jenkinson was at the Toitois assisting in the repair of the schooner Star, lying there wrecked, when he was requested by Dr. Menzies to head the search. With provisions and compass he followed the undoubted tracks of the party, those of Dr. Schmidt, a Maori boy, and a half-caste boy; occasional fragments of "chocolate lead paper" (probably the wrapping of meat biscuits) aided him much. The various resting-places were well marked, and soon it became plain that one of the boys had tracked back and made for some adjoining scrub. He carried the food, and, having surreptitiously eaten some of it, was beaten for the offence. This was learnt many months afterwards from the second page 166boy, who also deserted, and whose back tracks were also found when making for his home at Waikawa. This youth said that Dr. Schmidt had eaten his last "chocolate" and had sat down much exhausted. Jenkinson thinks that this must have been about two miles south of Catlin's River entrance, and that his intention was to struggle through the bush and make for a small sawmill, which even at this early date had been started by Messrs. Thomson and Brough. In this vicinity there may yet be found some trace of this would-be explorer. A curious as well as mournful interest always attaches to those who, though in perfect health, are stricken by death whilst, helpless, hopeless, and alone.

A reference must here be made to Captain (Admiral) John Lort Stokes's exploration of the coast of New Zealand in H.M.S. Acheron, extending from November, 1848, to March, 1851. This comprised the chief parts of the coast and harbours of the South and Stewart's Islands, as well as Cook's Straits and the North Island, from Doubtless Bay to the Mercury Islands, and from Cape Kidnappers to Cape Palliser on the east side, and thence to New Plymouth; and also a running survey of the "wild west coast." His chief assistants were Commander (Admiral) G. H. Richards, Master F. J. Evans, and Mr. Bradshaw, after whom Bradshaw's Sound is named. Otago Harbour was visited in 1849, and again in 1850, and surveyed. In 1849 he penetrated considerably into the interior of what was afterwards selected by the Canterbury Association, and on that occasion he named the loftiest mountain in New Zealand—Mount Cook.