MR. BUSBY ON MANORIAL AND TRIBAL RIGHT.

Daily Southern Cross, Volume XVII, Issue 1317, 31 July 1860, Page 8

MR. BUSBY ON MANORIAL AND TRIBAL RIGHT.

To the Editor of the Southern Cross. Sir, — Will you kindly allow me space to ask Mr. Busby a. few questions 1 1. If, "at the time of the Treaty of Waitangi, no Maori ever entertained the idea of a right existing in one party, which implied an obligation on all other parties to respect it," why did he not say so ab the time (as I suppose, he knew it then,) instead of allowing the Treaty to be signed by the Chiefs only, on behalf of the whole people ? 2. Mr. Busby is a man of considerable experience in Maori sales of l*nd. Did he never hear of a case in which the opposition of some plebeian Maori to the dale was overruled by his Chief ? If he recognises this "right" on the part of the Chief or Rangatira, perhaps he will ba kind enough to give it a, name. 3. If Mr. Busby and I were joint proprietors of a piece of land, and I were to set about cultivating and improving a portion of it : would it shock hiß ideas of right if I were to alienate the portion which I had so improved, without any reference to him as part owner of the whole ? or would it " come as a matter of com so to him ?" *4. Will he allow me to settle on and cultivate any . portion of his uncultivated ground, and so "to establish a natural right against all other persons'," (himself incla'deJ)r-i-a right which is " precedent of all law ?" I remain, Sir, Your'obedient'servant, ' > ' <r ;'' i, ' ' '- - ' \ ' ' JUS.' '

To the Editor of the Southern Cross, Auckland, July 26th, 1860. " A secret enquiry is a proceeding unknown to the law of the land, and a flagrant violation of all the principles of justice." Lord Brougham, Sib, — I ask the favor of your publishing the accompanying correspondence, in the belief that you will assist in pi eventing the system denounced in such strong terms by the highest living legal authority gaining a footing in New Zealand. I take this opportunity of stating that I am for the present prevented publishing an account of native affairs by the difficulty, I may say the impossibility, of having printing pet formed in Auckland, owing chiefly to the prevalent sickness, neither the printer of the "Southern Cross," nor the "Examiner," being able to undertake to print a pamphlet. J. C. Johnstone.

Colonial Secretary's Office, Auckland, 7th July, 1860. Sib, — With reference to the question of the repayment of certain expenses reported in your letter of the 18th of April last to have been incurred by you at Raglan in the public service, I am directed by Mr. Stafford to inform you that, after enquiry into the circumstances of the case, the Government considers that your proceedings on the occasion in question, besides being without authority, were unnecessary, and even injurious, and that it cannot lecommend the appropriation of the public funds to defraying the expenses referred to. I have, &c, (Signed) "\V. Gisborne, Under Secretary. Captain J. C, Johnstone.

! Mauku, July 12th, 18.60, Sir, — Yesterday I had the honor to receive your letter dated the 7th inst., being a reply to my letter ; dated the 18th April. 1. That my proceedings at Raglan were not "unnecessary," is shown by my letter to you dated the 1 10th April. That the '\yaikato .tribes assembled at Ngurunaniahi, within twenty miles of Raglan, were in a warlike state, I have personal evidence, *nd that they were sOj has since, been proclaimed by his Excellency the ' Governor. ( If any possible preparation was necessary for tlie defence of Auckland against those tribes, block-hous.es building, ships of war, gun boats, volunteers and militia called out, how much more necessary was (and is) a,defensible ; poaition at a small settlement close to the heajd quarters of v the Maori rebellion ? | 2. '1 hat my proceedings were' not " without author" rity"'iß ihown by the foot that they were undertaken

itj,t,th*>ug|nimoji|;requ«it j pf.the Kaglan, settler* unafe, 'bled atA^publjO/tQeeting, presided over by<th6?Re»idßnt , TM/giijtfaksef lwhq/foiwarded, a copy, of- the proceeding! to Gofsi^ent, and to/wbioh I refer you. u ; j- 7 3. I protest aglunst the »siumptioh that when the > state is able* to take measures for the defence of; the capital only, the out settlers have not authority to measures to protect their ■ families • from an expected attack from savages who at the residence of their king* in their immediate vioinity, were performiut war danoeß' and talking about exterminating them. "4. Your letter states that,an enquiry has been made into my proceedings I beg to differ from you ; no, enquiry to my knowledge has been, made ; your letter i» the first word I have heard, about such an enquiry, , although I have twice visited Haglan since April. Mr, Stafford having taken upon himself an evidence taken by a private enquiry, of which I never 'even 'heard; to pronounce me guilty of injurious proceedings, I have the honor to request that his Excellency the Governor will do me the lavor to order a public and open enquiry, to give me the opportunity of refuting Mr. Stafford's injurious allegation. I have, &c, J. C. JOHNSTONB. To the Hon. the Colonial Secretary, • Auckland.

To th» Editor ofth* Southern Crot*. Mr. Editor, — I embrace the opportunity afforded' me by the steamer of writing a few linen to you just to inform your readers how matters are going on in Taranaki. As militia soldiers, if I may be allowed to speak for the rest as well as myself, I beg to tender our united thanks to you for your kindness .in giving' those letters,which I have sent to you a, place your columns, that have pointed out the grievances \inder which we had been labouring, and which, I am glad to inform you, have to some extent been remedied. The weather for some time past has been excessively severe, and still continues so. Our roads are cut up so as to be almost impassable, and every thing at present appears dark and cloudy. It fills us with sorrow to see or to know, Sir, that many of the once comfortable homes of our long-toiling settlers have been destroyed, also many of their lives taken, and, at present, no prospect for the future presents itself to our view — but that more lives and property will yet be sacrificed. It is a fact, Sir, that in Taranaki, previous to this so called war, there existed as fine a lot of comfortable homesteads as in any province of New Zealand ; farms well cultivated, subdivided with good living and other fences, and laid out in the style of those in our father-lond. But, Sir, of late things have become changed, by the destruction before-mentioned, and the prospects of some ruined for ever. The past years of toil and energy that have been spent, together with capital, to bring the Province to its once-beautiful state, is to many— and perhaps will be to all— totally lost ; as, for instance, should the proprietors of our deserted farms ever return back to their old homes— or rather to the land— they will have to rebuild houses, erect new fences, and every other matter, as at first. But, Sir, the question is, how is this to be done ? Some may say, by compensation fioui the Government. This is not my belief. It may be, and it is leasonable &> expect, that compensation will be awaided ; but if so, so time must necessarily elapse before such compensation can be given, and when such distribution is made, it may probably come in acres of dense forest land, which will in no way relieve those who have become disti eased by the war : then, Sir, it is plain that many of our oldest settlers will never live to see themselves in the position they once were. As to myself, Sir, T confess lam no judge of military matters ; I thought, at first, about six months would have secured us permanent peace, but it is not so, and here we are penned up like sheep, in a small compass, with hard military duties to perform, both night and day— by night watching, by day entienching — and what is worse than all, in the paper I have sent you, you will see that we are threatened to have our wives and our young ones taken from us and sent away. This appears to me, Sir, "hard lines," and it is likely to be met with much opposition. If we are to fight, let us fight with them in the province, under pioper piotection. I havo been informed that many who left this some time since, for Nelson, had not been there long before the allowance promised them was, by an order from a particular quarter, consideiably leduced. Then, Sir, if such be the case, and we are to suffer, let us suffer together ; and also let us shew to those in authoiity over us that we are ready and willing to fight in behalf of our Sovereign the Queen, and to defend our homes and onr families, even to death, but at the same time follow the dictates of nature, which says " no separation." Semper Fidelis. New Plymouth, July 1 9th, 1860. P.S. — Since writing the above I have been informed that the Provincial Government of Canterbury have offered to the settles here, who may be disposed to leave this, and settle in that Province, aore for acre in land, but how the deficiency as to all other matters is to be made up, I cannot say : this much I can say, that were I possessed of one hundred acres here I would not exchange for such removal, even if the amount of acres were trebled. lam settled here, and by God's help, and a good Goverument, I will fight to preserve Taranaki, until there shall not be a Maori left to disturb our peace. I trust it will never be said that Taranaki is broken up because the Maories are our misters — even although those at the South have entsied the Tataraimaka district, and commenced dividing it into party allotments, stating that they have gamed it now by by conquest. I believe that it only requhes a decided vigorous push to cripple their insolence and bring them to°obedience. Then, and not till then, will Taranaki be permanently ours.

To the Fditor of the Southern Cross. Sin,— May I ask you whether it iscorrect that there is f» Milit.uy Despotism established atTaranaki? It is stated, I know not on what authority, that Civilians there are subjected to all sorts of insults, and that one Gentleman his had his head shaved by Military ordeia. If this be a fact, do let the public know what they may expect from those in power. Inqvikek. Auckland, July 2G, 1860. [It has been stated, in Auckland, th.it such is a fact We scarcely know how to give credence to a fietik of such extravagance ; butha\e been furnished with the name of a person who is said to have been sent to the gutrd house, where hid hah was cropped, for having beeu somewhat over-free in remark. We sincerely hope to be able to contiadict the statement in a future number. And after all, this is s trifle, in our estimation, compared to the well known demand of apology from a lady. —Ed.]