THE SOUTHERN CROSS. Friday, July 27, 1849.

Daily Southern Cross, Volume V, Issue 217, 27 July 1849, Page 2

THE SOUTHERN CROSS. Friday, July 27, 1849.

LUCEO NOX TJRO. "If I have been extinguished, yet there rise A thousand beacons from the spark I bore." We noticed in our last issuo the ordinance for " quieting Titles to land in the province of New Ulster," about to be brought before the Legislative Council, to meet on the Ist proximo ; when -«re took occasion to express dissatisfaction with the very limited nature of the measure ; that it merely applied to a small portion of the questions still at issue between the Government and the claimants, and that it was not at all worthy of the occasion, — or what the claimants and the public had a right to expect. Not only is the proposed ordinance wholly inadequate to the occasion, but it is liable in some of its provisions, to serious objections. Some of these we have already noticed ; but a re-perusal has suggested various others, to which we think it right to direct further attention. Had his Excellency introduced this measure a couple of years ago, it would have been looked at with very different feelings. It would have been generously taken as an evidence of good wishes and intentions towards the claimants ; but bad treatment has now so effectually roused their suspicions, that even where justice and fairness may really be intended, it is impossible to look at any measure upon what appears upon the face of it only — forgetting the many insidious attempts which have been secretly made against the claimants for the purpose of taking their lands from them — or, at all events placing them at the power of his Excellency to deal with as he thinks proper. We should be glad if we could look at the proposed Ordinance forgetting everything extraneous which has occurred, — but we are unable to do it, as some parts of it indicate to those acquainted with the past, a greater desire to back up certain views and statements to the prejudice of the claimants, which have been made to Earl Grey, rather than to serve the claimants. Indeed there is odium being thrown upon them, at least by implication, at the very time that a favor is proposed to be conferred upon them. We recognise particularly in the second clause of this Bill an attempt of ths kind. This clause authorises the Judge of the Supreme Court to award compensation to such natives as may not have been paid for their lands. Now, a stranger, in reading this clause, would be, of course, highly pleased with its apparent fairness and consideration for the natives. But, to those acquainted with the statements which have been so industriously instilled into the mind of Her Majesty's Secretary of State, they at once perceive, inthis clause, a solemn legislative formality — of no real use, inserted for the mere purpose of keeping up the delusions which have hitherto been practised. We can easily imagine the specious explanations which will be given of this provision : Reference will first be requested to the many warnings which had been given that "the claimants' lands had not been fairly purchased," — that "Blood and Treasure" will yet be required to secure and maintain possession of these lands, — and now, since the Supreme Court has decided in favour of the legality of these grants, that the claimants must, of course, be allowed to keep their ill-gotten possessions. This being the law, it is therefore necessary — it will further be said —to allow the natives, who have not been paid, to prove their claims before the Judge ;—; — and whatever sums are required, must be paid out of the General Revenue ; because the claimants, (his Excellency will argue,) cannot now be compelled to do so. They have got their Grants — and these will be produced in Court as a title to their land, to the exclusion of all others. The answer to all this sophistry is very obvious : The clause is useless and unnecessary, because ihe Government have already ample power to compel the claimants to do justice to the natives, in the possible event of their not having already been fully compensated. The Government have merely to request the Counsel for the Natives, to object to any Grant on the ground of the land not having been conveyed by the owners. This objection would certainly be good both in law and equity, and it would amply secure the rights of the natives, and the ends of justice. Besides, His Excellency well knows — and so do the settlers— from bitter experience— that the natives will not permit any one — not even the Government — to seize or keep possession of their land, unless it has been properly purchased and paid jor. Then,

why introduce a clause so unnecessary ? But, if it were only useless, we should not attempt to deprive lion, members of their amusement in passing it. It is however highly injurious. We have already stated that this clause is calculated to lead the natives to make illusory claims that never otherwise would have been attempted. But it is further objectionable from its unmerited and invidious application to the claimants alone. It conveys in fact more than an insinuation that their lands have not been fairly purchased. And why should this equitable adjustment be applied to the claimants alone, when it is notorious that the purchases made by the Government are much more liable to objections. In one case, at Monganui, the Government, by purchasing land a second time, — which fact they well know,— a deadly fight was caused between two tribes ; aud in several other instances has the peace of the country been endangered by the careless and unscrupulous purchases made by the Government. Why then, we repeat, apply this invidious clause to the case of the land claimants alone ? | Clause 4. protends to confer a right in favour of those parties whose grants convey a certain extent of land without specifying the precise boundaries — to select their quantity in one block, within a limited period. The operation of the clause may be rendered deeply injurious to the claimant in putting him to great expense before he may perhaps be able to convert his lands to any use, — and now that these properties have been rendered almost valueless, any ill-timed expenses of this description -would be very unfair. Again; to compel him to select in one. block, is to reduce his property to half its value. Clause 8. authorises the Governor, — if he thinks peaceable possession of the laud cannot be obtained by the claimants, — to exchange the same forgather land belonging to the Government. This clause we cannot comprehend the use of ; inasmuch as the Governor, by additional instructions under the sign manual, dated 13th March, 1848, has already the power conferred upon him of exchanging lands in this manner "for other lands, or in satisfaction of any equitable claim to land." The clause now referred to seems therefore perfectly useless — nor do we see how the Legislative Council can confer on his Excellency any powers whatsoever over the waste lands, j which are regulated entirely by* Her Majesty's instructions. Why should his Excellency still attempt such paltry half and half measures ? Now that the Law has been ascertained — the only object by the way he pretended to have in view — he had an admirable opportunity of settling all land disputes, and of even retrieving a portion of his lost name and character, by a manly and honest acknowledgment of past error — and by rendering full and ample justice, not merely to those who have grants in their pockets, and can now laugh at his hostility— but towards those whom ho has kept out of their lands by refusing to give grants for what they have fairly purchased under the pre-emption certificates. These parties have an equal claim in justice to their lands with the old claimants. Lord Stanley ordered his Excellency to confirm them Mr. Gladstone repeated the order — even so did Lord Grey, adding that the honour of the Crown must be maintained with these parties at all hazards. These claimants have a right to every acre (if fairly purchased) contained in their pre-emption certificates, and the Crown is bound in ! jnstice to give a Grant for the same. A j private individual would be looked upon , as a rogue and swindler if he refused to give a conveyance to the land sold by him [ in similar circumstances, and the law would ( compel him. Governor Grey should now, therefore, come forward and do justice to these claimants, before their appeals for redress are again conveyed to her Majesty. • Instead of carrying out fairly Earl Gre y's instructios, every attempt has been made to juggle the claimants out of their lands, and towards the Id. an acre ones in particular, we think there has been a sort of conspiracy against them, which, if properly exposed, may yet ' prove a rather serious matter to those concerned. We are well aware that this is a very grave ' assertion, and think it but fair to give some of the grounds for it. It will be recollected that a Despatch from Earl Grey was produced to the Legislative Council in 1847, regarding the settlement of those claims — in which the faith of the Crown was ordered to be scrupulously maintained with these parties — and that they were to get their lands if they proved them to havo been properly purchased. Along with this Despatch, his Excellency produced a Minute of his own, containing the terms of settlement which he proposed — a prominent part of which

was that 500 acres should be the maximum quantity ho would allow, for which a charge of ss. per acre would be made — but insiim. ating that, if acceded to, very little trouble would be given as to proving the purchase, and that the literal terms of Governor Fitzßoy's Proclamations would not b9b 9 very strictly exacted. Earl Grey's despatch, on the other hand, contemplated every acre being given that was fairly purchased, and the Attorney General was appointed the Judge of this matter, betwixt the claimants and the Government. ! His Excellency did not appear to relish ' this liberality, and in order that his ternu might appear to contrast favorably with those of Earl Grey, his Excellency, it would seem, had furnished himself before hand with the opinion of the Attorney General, the Judge in the matter, and this opinion was produced along with said minute-, wherein he stated that the "Jew hundred acres" permitted by Captain Fitzßoy's proclamations, meant in his (the Attorney General's) estimation 500 acres only-L although he well knew that Captain Fitz Roy had authorised the purchase of 1,000 acres, 1,200 acres, and 900 acres within a day or two after the date of his proclamation — thereby fixing, beyond a doubt, what Captain Fitz Roy meant by the expression " a few hundred acres." Now, we maintain that the Attorney General was not only clearly wrong in his interpretation of the 500 acres, but he was wholly unwarranted in giving any opinion, 6x parte, to the Governor, seeing that ho (the Attorney General) had been appointed Judge in the matter botwixt tae government and the claimants. No one can read over the opinion referred to, and the Governor's minute with Earl Grey's instructions — all produced ot the same time — without coming to the conclusion that a concocted plan had been got up to frighten the claimants into the arrangement proposed by his Excellency ; and this view is still further borne out by the fact, that when claimants have made an election in favor of Earl Grey's arrangement, certain parties have got friendly hints not to force their case before the Attorney General, as in the first place he will only allow the 500 acres, and will besides find some flaw upon which to overthrow them. After the Judgment in the Kawau case, the pre-emption claimants may rely upon justice being yet also done to them if they properly represent their cases. They ought all to elect Earl Grey's proposals — but should object to place their claims beforo a Judge who so far forgot his duty as to give an opinion upon the principal point of their case, without hearing their evidence or their argument. Suppose Governor Grey had requested the opinion of the Chief Justice as to the pretended maximum legal quantity of 2560 acres, of which so much has been said — with what indignation would such a dishonorable request have been repelled ? Or, (pardon the supposition) if an opinion, ex parte, had been given that 2560 acres was the maximum that could be allowed-— what chance for justice would a suitor have had who should afterwards have been compelled to try the question ? While embittered feelings of this kind prevail amongst the claimants ; while tlio policy hitherto has been to scheme and manoeuvre these parties out of their lands ; while some have got — however ungraciously — almost their full demands ; while others have been rudely thrust aside, and cut off, some with a tithe — others again, without a fraction ; — while therefore exasperation is at fever heat — the opportunity has occurred of allaying it, and of yet repairing a part of former injury, by acting upon the liberal instructions of her Majesty and the views indicated in the decisions of the Court. Will his Excellency embrace the golden opportunity — or will he follow out his former policy ? He has fully tried the cold-hearted system of grinding every one to his own views until he has incurred the dissatisfaction and dislike of the entire community. He has followed out his own plans and ends to the disadvantage of allit is therefore the more necessary now to use conciliation and seek in the good opinions of the settlers, that sympathy and consideration which fair and honorable treatment, may certainly ensure. And there is no time for delay. If the present opportunity is lost there is little hope of another. There can be no great meritneither can there be any satisfaction in leaving a place, amid universal dissatisfaction — without one solitary friend.