CHAPTER II. CONTRAST BETWEEN WELLINGTON AND LONDON...
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CHAPTER II.
CONTRAST BETWEEN WELLINGTON AND LONDON--MY FIRST GOVERNMENT CONTRACT--OFFICIAL OBSTRUCTIONS TO MY OBTAINING IT--ITS PROGRESS AND COMPLETION--A DRAPER'S EXCUSE FOR NOT ATTENDING IN COURT AS A JURYMAN--HIS FINE--HIS LETTER IN THE "INDEPENDENT"--LEGAL PROCEEDINGS AGAINST HIM FOR WRITING IT, AND AGAINST THE PUBLISHER FOR PRINTING IT--JUDGE STEPHEN IN COURT--THE SENTENCE--MY PART IN THE PROCEEDINGS IN CONSEQUENCE OF IT--WELLINGTON AND THE AUSTRALIAN GOLD DIGGINGS.
I WAS now settled at Wellington, and carrying on a considerable business as Builder and Contractor, in a small town in a large island, near the Antipodes of England. There I was, in the year 1852, contented and progressing; for I had by this time purchased a quarter of an acre of town land, and built a good house upon it. To be sure, the change from a residence in the Great Metropolis--London--to a small town in New Zealand, was a great and striking one; but what of that? my time in the little seaport of Wellington passed away quicker and more pleasantly than in the great port of London--for I was prospering and making
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headway. It is true that in Wellington there were no great and endless crowds of people to excite one's attention; no Royal processions to gaze at; no grand palaces and shops to see and admire; no wonders of science and art to attract; no theatrical exhibitions, gorgeous and splendid, to excite and please the mind; yet I did not regret the absence of these attractions: for when in London I had become satiated with them; and now that I was in Wellington, and my mind fully occupied with a business that I liked, and that was profitable, I was quite satisfied. Besides, there were no beggars or workhouses to remind one of the existence of great penury and indigence--as in the old country; and we had our little amusements--such as concerts and balls, parties and picnics, social gossip, and political excitement on a small and modest scale. We also breathed pure air, drank pure water, beheld a picturesque country and bright and beautiful skies, through a clear atmosphere. There was not much more to be desired, except to have by one's side those near and dear friends we had left in England; but even this pleasure, as new friendships were formed and as time rolled on, seemed to lose its zest, and to dwindle down into the desire to visit England--once more to see old and esteemed friends, and shake hands and converse with them there; then re-visit the place of one's childhood, the haunts of one's youth, the scenes of manhood, and to mark the changes which time, mind and money had made in the good old country; and then return to New Zealand to end one's days.
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There is happiness to be found in all countries for those who are willing and able to obtain active employment for the mind, and proper food, lodging, and raiment for the body. There are few greater sources of weariness, if not of unhappiness, to be found than want of occupation for the body or the mind. To labour moderately, whether mentally or bodily, appears to me to be the natural and healthful condition of man.
Up to the commencement of the year 1852, I had not been able to secure a Government contract, which I was anxious to do, in order to give my business greater prominence; but I had soon an opportunity of tendering for one: for in March of that year, tenders for reclaiming from the sea, at the south-west corner of Lambton Harbour, a piece of land 360 feet in length by 100 feet in breadth, were called for. This contract required considerable care on my part in estimating, for it involved building a wood retaining-wall out in the water, and filling in behind it with earth. This description of work was also new to me; but I felt perfect confidence in myself as to my ability to go through with it. Accordingly I tendered for it. My tender amounted to £1,036, and was the lowest; Mr. C. Mills, who also tendered, being more than £200 above me.
The Engineer, Mr. Roberts, who I think, from past occurrences, was, at this time, unfriendly towards me, gave it as his opinion that my tender was too low-- that I could not do it for the money--that I must have made a mistake in my estimate, and ought to be requested to send in a copy of the estimate on which I
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had based my tender. Being officially requested to do so, by Mr. Domett, Colonial Secretary, I sent in the estimate in question, and was personally examined respecting it, when Mr. Roberts intimated to me that he thought my number of cubic yards of earthwork was below the actual quantity, and I am inclined to think it was; but I knew I had put on an extra price per yard, and was quite satisfied with my tender, if they chose to give me the contract. I could not but see that they were very reluctant to do so, and I knew Mr. Mills, my rival, was their favourite. However, I offered them the best of sureties, and claimed the contract as a matter of right. Mr. Domett, whose prejudice, if not animus, towards me I forgive but cannot forget, went so far, in writing to me on the 29th of March, 1852, to the effect that my tender was accepted, as to conclude his letter with the following paragraph: "I feel it my duty to warn you distinctly that in no case whatever, will any further sum be allowed you by the Government for the execution of the work in question." This intimation surprised me, for I felt that I should not lose by the contract; and if I had I never thought of claiming compensation from the Government for the loss. If I had cleared a larger sum than I expected out of the contract, I should not have thought of returning to the Government the balance in excess of my calculations; and if I had suffered a loss I had no right to expect or ask the Government to give me a sum in addition to the amount of my
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contract. This has always been with me, as a Contractor, a guiding principle. 1
If Mr. Domett's intimation was meant to intimidate or dissuade me from accepting the contract, it had not the desired effect; for I immediately (April 15th) waited upon him with my two sureties for the purpose of signing the documents. Mr. Domett's opposition was net yet ended, for he called into his office one of my sureties-- the principal one--and represented to him the risk he ran in becoming security for me. My friend replied he had perfect confidence in me, and then signed the bond.
This contract I commenced at once (for, in consequence of the Australian gold diggings, labour was likely to be scarce), and though a heavy sea once carried away some of the timber wall and a considerable quantity of earth forming the filling-in, I completed the contract within the time specified, and made out of it a clear profit of £212. During the progress of the works, which I personally superintended myself, there were, various prognostications afloat as to my probable losses and failure, emanating from my rivals and from those who had endeavoured to prevent me from taking the contract; but the way in which I finished the undertaking was a complete refutation of the stories and unfounded reports which had been circulated, as
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may be gathered, in part, from the following extracts, taken from the Wellington Independent, of the 9th of October, 1852.
* * * The manner in which the contract has been executed reflects yery great credit upon the contractor, Mr. Carter, especially when it is borne in mind that the work was performed during the winter months. * * * * *
The Government, we believe, has expressed itself satisfied at the workmanlike manner in which the contract has been carried out, while the contractor himself has, we hear, no reason to be dissatisfied, although it was generally supposed at the time he undertook the contract that it would prove a considerable loss to him.
Thus ended my first Government contract. I have dwelt at considerable length upon this subject, in order to show my readers the opposition which I had at first to encounter and overcome, and also to show how at times officials under an irresponsible Government are apt to take too much upon themselves, and not unfrequently to commit acts of injustice.
After this, neither the Government nor private individuals hesitated to give me a contract whenever my tender was the lowest. I always felt that if I did what was right, I had nothing to fear; at the outset I might suffer, but in the long run I was almost certain to triumph.
During the progress of the contract above named, an event occurred which produced great interest and excitement in Wellington, and as I was myself mixed up with it, I will briefly relate its origin, the incidents attending it, and its eventual results.
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Mr. Samuel Robinson, a draper, was summoned to attend, on the 2nd day of June, the sittings of the Supreme Court at Wellington, as a petit juryman; but having no person to look after his business, he could not, he alleged, leave his shop to act as juryman. In consequence of which, His Honor the Judge--Sydney Stephen--fined him in the penalty of £10, which was remitted to a fine of £5. Mr. (afterwards Sir Charles) Clifford, had also been summoned to attend as a grand juror at the same time and place. After receiving the summons he went on a journey into the country, and was, he said, "unable to return to town in time to attend in Court." On these grounds, Mr. Clifford was excused--not fined. Mr. Robinson considering himself unfairly treated, wrote a letter to the Independent, which appeared in that journal July 17th, 1852, and which was signed "S. Robinson."
The following extract from it is, I presume, the part complained of by the Judge as "unlawfully and contemptuously" published, and as charging him (His Honor Mr. Justice Stephen) with "partiality and corruption:"--
* * * I would ask, Sir, were there ever two cases more analogous than the above; neither Mr. Clifford nor myself attend, in consequence of our business engagements; he would have had to press his horse, I should have been necessitated to have shut the shop, or set a sentry. And yet the one is mulct in five pounds, and the other goes scot free. Mr. Stephen, to attempt to justify his disposal of the two cases, must hold Common Retailers to be things only fit for castigation, or to be made examples of; else he would
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not so openly violate the common axiom of the English Legislature, " Impartial Justice to all." I conceive his Honor would deem it dangerous to meddle with influential gentlemen, such as were several who had their fines remitted? he would fear their denouncing the law as " being tardy in its progress " and as insufficient to meet the ends for which it was instituted; and worst of all, he would dread their having the second Resurrection of the Otago Ghostesses. I appeal to you, Mr. Editor, is a man labouring under just fear of exposure a fit and proper person to administer impartial justice in the Supreme Court of Wellington?
I remain, Sir,
Your obedient servant.
S. ROBINSON.
The allusions in the foregoing extract to the "law being tardy in its progress," and the "Resurrection of the Otago Ghostesses," had reference to certain expressions such as "I cannot wait for the tardy process of the law and" I will break every bone in his body," which were reported by the press as having been used by His Honor Mr. Justice Stephen, while on the bench as Judge at Dunedin, Otago, and on an occasion too, in a case aganist himself which had really arisen out of some liaison of his with a "pretty young widow."
The publication of Mr. Robinson's letter no doubt gave the Judge much annoyance; for on the 24th of July, Mr. S. Robinson and Mr. T. M'Kenzie, one of the proprietors of the Independent, were summoned under a "Judge's Order," to appear on that day before Mr. Justice Stephen, to answer for "unlawfully and contemptuously publishing," &c., "a certain letter,"
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During the proceedings of the Court on this day, Mr M'Kenzie and Mr. Robinson appeared only through their solicitors--Mr. King for the former, and Dr. Evans for the latter. This appeared to annoy the Judge. I was in the Court myself, and I noticed that he did not appear in good health, and this may have tended to increase his irritation and vehemence of manner. He acted, I think, harshly, indiscreetly, and in a manner unbecoming his high position, in the way in which he addressed Mr. King, as may be seen from the extracts given below, which are only two amongst many others of the kind contained in the Independent's report of the trial:--
"Mr. Justice STEPHEN (very angrily).--'Your conduct, Mr. King, is as extraordinary as your doctrine, and if you still continue this line of defence I shall refuse to hear you;'"--again,
"Mr. Justice STEPHEN (vehemently).--'Mr. King, I do not understand your language, nor will I tolerate it. You are treating the Court with every contumely and disrespect.'"
To this strong language Mr. King replied--
"The interest of my client requires me to do my duty, and if, in the discharge of that duty, I am considered to treat the Court with disrespect, I can only express my regret for it; but do my duty to my client I will, regardless of the consequences. I have now to make an application to the Court for the rule in this case to be enlarged."
"Mr. Justice STEPHEN.--'I refuse the application, and have decided to go into the case at once.'"
The end of this day's proceedings was, that the case was adjourned, and on the 27th of the same month it
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was resumed, when Mr. Robinson appeared, and respectfully declined to answer the "interrogatories." He maintained, it was not from any disrespect to the Judge, or in contempt of the Court, that he had written the letter, but "from a thorough conviction of its truth." Of course this farther irritated and did not satisfy the Judge, who said--
"I must remand you to Her Majesty's gaol for one month, and at the expiration of that time to be brought before the Court again to answer the interrogatories."
On the 2nd of August, Mr. Robinson appeared in Court to answer the interrogatories. These answers the Judge considered were unsatisfactory; but as he had "purged himself frdm contempt," and as Mr. King had given him bad advice, he would release him from gaol; but bind him (Mr. Robinson) over to appear on the 27th of August, "to receive judgment for the original offence."
Mr. King, on this occasion was fined £20 for giving "bad advice."
On Friday, the 27th, Mr. Robinson and Mr. M'Kenzie attended in Court to receive their sentence; the first for having written the "letter," and the second for having published it. The sentence was that Mr. Robinson should be fined £20, and also find bail, himself in £100 and two sureties each in £50, to insure his good behaviour for twelve calendar months. Mr. M'Kenzie was simply to find the same bail of £50 and £100, as Mr. Robinson, but both were to be imprisoned, the latter until he had found his bail and paid his fine,
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and the former till he had tendered his bail and the same had been accepted. The result was that both were lodged in goal.
In consequence of this unprecedented occurrence, there was great excitement in our small Wellington community, and on the evening of August 29th, a public meeting was called at Barratt's Hotel, Clay Point. It was a very crowded one. Mr. R. J. Duncan was elected chairman. A resolution to form a Committee to report on the case was proposed. I was present, and here made my first public speech in Wellington. The following notice of it is taken from the Independent, of Sept. 1st, 1852. I was asked by the Editor of the Independent, to report it in full; but as I had neither the inclination nor time to do so, it was not done. Another motive also influenced me in my refusal; I had an idea that it was not wise for a person just beginning business to enter deeply into politics or public affairs
"Mr. CARTER in rising to support the resolution did so with some diffidence, not because he did not most heartily approve of it, but because he was comparatively speaking, a stranger among them. He thought the proceedings of the Judge, had been most arbitrary, and so unheard of as to justify the public to take steps to obtain his recall. Mr. Justice Stephen might, for aught he knew, have the law on his side, but he questioned the expediency of enforcing such a law in the present century, or of allowing such a law to remain any longer in force. Mr. Carter during the delivery of his speech, which we regret we are not able to publish this week, was listened to with
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breathless attention, and on concluding was loudly applauded."
At this meeting Dr. Featherston was present. It was the first time I had seen him in close proximity to myself. He took no part in the proceedings. He was in company with his faithful friend and follower, William Lyon, an able and prominent member of the "Settlers' Constitutional Association." I believe they hardly approved of them--I know one of their party, Fitzherbert, did not.
At this meeting a Committee was appointed of which I was a member, as were Messrs C. Clifford, R. J. Duncan, and others. Several meetings were held after this; at one of which the Committee brought up their Report, recommending that a memorial be presented to Sir George Grey, requesting him to investigate the proceedings and conduct of Judge Stephen. The finale to all this agitation really was, that subscriptions were raised to pay the two fines inflicted on Mr. King and Mr. Robinson, and bail was "tendered and accepted" for Messrs. M'Kenzie and Robinson, and they were released from goal. As to our Memorial to His Excellency the Governor, Sir George Grey, the receipt of it was politely acknowledged, but no practical result attended it.
From the beginning of September, 1852, to the end of June, 1853, the Gold fever at Wellington might be considered at its height. About this time I wrote two letters on the subject, which appeared in the Indepen-
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dent, under the signature of "Progress," in which I endeavoured to discourage working men and others from selling off their houses and land and other property, at a ruinous sacrifice, to enable them to go to the "diggings;" but it was all in vain, they appeared to have parted with their usual good sense. The more one endeavoured to persuade them against going, the more determined they appeared to be to go. Off they went, many of them, years afterwards, to repent and regret the sacrifice of land and other property, and in some cases of health, which they had made--losses which many of them never afterwards made good.
These were times of unexampled prosperity for Wellington, during which the price of potatoes rose nearly 300 per cent., or from £4 to £12 per ton; and timber from 12s. per hundred feet super, to 25s. per hundred. Wages of carpenters advanced from 6s. 6d. to 8s. per day of eight hours, and labourers from 4s. to 6s. per day of eight hours. Those who remained in Wellington did better than the majority of those who went to the "diggings."
Towards the close of 1853, New Zealand produce, consisting mainly of timber and potatoes, experienced a great depreciation in value, and those merchants and traders who were holders of these commodities were severe losers thereby; but not in most cases in proportion to their previous gains. New Zealand itself was a great gainer in population, for, at the end of 1854, the Wellington Government was importing immigrants from Melbourne through its own chartered vessels and
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special agents acting for them in Melbourne. Then, as regards capital, some few of our own people were successful, and brought back with them some successful strangers --mostly Australian immigrants--who were partly attracted by our new cheap land Regulations. These either added to our stock of labour, or became small farmers or traders.
To the advantages accruing to New Zealand from the discovery of the Australian gold fields, I may add another -- that is, the subsequent discovery of "rich diggings" in our own colony, namely, at Corromandel, Nelson, Otago, Marlborough, and the west coasts of the Provinces of Canterbury and Nelson--all of which might have remained unknown for many years to come, had not the wonderful gold discoveries in Australia incited and induced our settlers and new-comers to search for auriferous ground in various parts of New Zealand; and thus the finding of gold in very profitable quantities, caused the population and wealth of the colony to increase as much in seven years as it would, under ordinary circumstances, have done in twenty-seven.
