The Daily Southern Cross.

Daily Southern Cross, Volume XXIV, Issue 3342, 2 April 1868, Page 4

The Dail y Southern Cross.

1AJO&0. NON URO. If I bar* bftn exttafnttbod, yet tbue rint A thooi*ndib«tcoui firom thc'ipavk I bot*.

THURSDAY, APRIL 2.

Testebda-T we published the Maori petition te the' Governor, from 173 natives in the Pdverty Bay district. It is a powerful and simple appeal to the sense of justice which ought to actuate the Queen's representatives But however "forcible the appeal^ and trutht ful the facts may be, the Governor unfortunately has little or no power in the matter, his Ministers having, by the device of " Besponsible Government," usurped all power and authority in the land.* This appeal to the Governor will be referred by his Excellency to his " responsible " advisers," and as they ' will thus* be constituted judges of their own acts; the appeal maybe said to lie " from Philip drunk "to Philip sober." They will put the mostplausible construction upon their own conlduct; and no doubt the Native Minister will be as ready with' an excuse now as he was last session to invent a reason why the natives should be deprived of their lands at the East Coast, viz., that it was necessary that the Government should first take the land, and then hand it back to the owners as a reward for their loyalty. Strange as it may appear, this was the alleged policy of the East Coast Land Titles Investigation Act, 1867; and such was the intelligence of the General Assembly, and its confidence in Ministers, that it passed the Act on this explanation from Mr. Richmond. But' the policy of the Act was very different. It was pointed out by us at the time, and subsequent events have justified our interpretation. The Act' was passed for special ends'; and to carry out those ends, the rights of certain' natives, mosfc of whom were on our side during the war in that district, and who Lave, given frequent proofs ' of their loyalty since, were to be ignored, and their estates confiscated. The petition truly sets out the procedure of the Government ; but it does not state what is an admitted fact, namely, that the General Government stayed the" operation ,<>f the N#trre Lands Court twice during the year 1866/ieontrftry to the spirit and letter'

of the statute, after the Superintendent of Auckland failed to purchase certain blocks of land, until the law could be altered to meet the views and wishes of those interested in the contemplated purchases. In the last week of the session, in a thin House, two Acts were introduced and passed, which virtually confiscated ever y acre of native land in New Zealand to the G-overntnent, one of which, however, was made specially applicable to the natives owning the coveted blocks at Turanganui and "Waiapu. These Acts were — the Native Lands Act, 1866, and the. East Coast Titles Investigation v Act, 1866. "When the law was altered to suit the Government, the 1 process of coercion on the East Coast began. But the opposition which was given to these measures, and- their exposure through out' columns, led to ' their repeal and reenactment, with amendments, in 1867. The amended Acts are, however, almost as bad >a!s those which they superseded. Although the Governor 1 has 'not' the power to dispose of the purchase-money of native lands as he may see fit, power is given to the G-overnor in Council to da what he pleases with all unalienated native land in the colony by constituting all unsold land as " native reserves." A plan was also .invented of inspecting surveys, which' imposes ''a direct 1 tax. .of 6d. an acre,- in addition to the fees and duties -payable under the Act ; ' and, to quote the language of Judge Maning, at Turanganui, " the clause respecting the certification of " the plan by the Inspector,' 'seemed to have " the- effect?' *of putting a stop to all work." In fact, our ' opinion is that this clause was inserted for a two-fold purpose — namely, to create employment for certain officials whose duty principally iwouldbe to show (i how not " to do it," and thus accomplish the second object of impeding the action of the Native Lands Court, which, if permitted to proceed without' hindrance, would soon haye J individualised native title throughout New Zealand, and thereby done away with the necessity of maintaining the Native Department. The natives were therefore to< be disgusted with the'delays in ' obtaining titlejsin the Court, ! and they were to be borne down by heavy and unnecessary charges.By that means discontent would be created'; and the various ' departments and < offices contingent on a state of chronic discontent amongst the natives would be in no danger of abolition. How the policy of these Acts succeeded let facts tell. Our report of the proceedings at the sitting of the Native Lands Court at Turanganui, which appeared recently, will be sufficient. The natives haye expressed a decided want of confidence in the Land Court, as specially 1 constituted- in that" district ; and the natives throughout the island would soon come to distrust the oourt everywhere were they not satisfied of the independence of the Judges. The natives generally have confidence in the Judges of the Native Land Court, in spite of the mischievous interference of the Government and' the > reprehensible tinkering of the Legislature: Speaking of the feeling of the natives on the East Coast, the summary of' the four days' proceedings 'at the Lands Court there, which we have already published; is suggestive •:■ — " Out of 104 claims before the Court, " 72 were withdrawn through zuant of confi- " dence in the disinterestedness of our institu- " tions ; four were heard; and the remainder " lapsed, some through not being surveyed "at all, and others through the absurd " restrictions and red-tapism insisted on by " the Native Lands Act, 1867." Let, (h6\v,ever, the natives speak for themselves. j We quote frbm the petition : — " Suffice it,' we " should have heen tinaware of the existence of a, " Government in this- country, had it not heen "for the fact of their officers making monthly " visits to this "place for the purpose of teazing " us into handing our land over to them with- " out any recompense. 7 ' Surely this is condemnation sufficient ? And it is only too true. Governor Grey pledged his word 1 to these natives that the land would not be taken because the chiefs had united to put down disturbance. No atrocities were committed ; and the disturbance only lasted a week. The guilty natives were deported to the Chatham Islands : and < not a word was heard about confiscation until after the natives applied to the Native Lands Court to 'prove their titles and obtain Crown grants, and after the Superintendent of Auckland had failed to effect certain purchases from them.The ' whole history of these miserable transactions on the East Coast is a blot upon the Colonial Government. It justifies the strongest condemnation that can be pronounced against it. The laws which 'they framed in relation to the East Coast are of an Algerine and not an English character. "We have in a former article pointed out that the first duty of the Judge under the Act to arbitrarily decide who' have been guilty of high treason in the first degree, or constructively; afterwards he is to inquire into the title of those whom he may adjudge to have been innocent. There is no appeal from his decision. There is no jury ; there is no fair trial. In short, by the East Coast Land Titles Investigation Act the Judge is an agent of the Government whose duty' it iB to put the Government in possession of all the land included within the schedule of the Act. 1 This is to be done by fair means (i.e>> cession according to Captain Biggs's notion), or foul means, that is, by means of the Court. However, the natives withdrew from the Court. They decline to cede ; they have no confidence "in the Court, and so the' matter' There is, however, one other view of thie East Coast Actsto which we would refer. They are opposed to the letter and spirit of the instructions of the' Duke of Newcastle, when the New Zealand Settlements Act was left to its operation. His Grace intimated that her Majesty's Government viewed with great alarm the large tracts of land that were being confiscated, and the Act was left to its operation on the condition that there should be no nioi'e confiscation. But what has followed >9 I Has there been no more confiscation ? The New Zealand Settlements Act has been extended in its operation from time to time '; and the East Coast Titles Investigation Acts, 1866-67, which incorporate its penal clauses, and affect the lives, liberty, and property of private individuals, have never been submitted to her Maj esty for her app roval. If such measures are' to be tolerated in 1 silence, and if such a course ' of legislation is to be pursued at the bidding of an unscrupulous Executive, then we say the time has come when the people ought to take vigorous measures to preserve their freedom, and enforce the recognition of their Constitutional rights. The natives ai*e British subjects ; let them be treated, in all inspects,' as British subjects.-

*3200z. of gold, the product]o£ 10 tons of quartz from Goldsworthy's claim, w~ereyesterday~teagTd~&Fl;hfe branch Bank of New Zealand, Shbrtiladd 'Town, ,

We are glad to observe that the people of One- ' hunga have held a public meeting i .>r the purpose of adopting an address of congratulation to his Excellency the Governor, Sir George Ferguson Bowen, G.C.M.G., and Lady Bowen, on their arrival in this colony. The meeting was held at the Court-house Hotel on Tußsday evening, and was numerously attended. It was unanimously resolved to present his Excell^noy wi f h an address, and a committee was appointed to prepare it. A deputation was nominated to wait on the Governorto learn whether his Excellency would wish the presentation of the address to take place at Onehunga or at Government House. We learft that Mr. Robert Graham has leased from the natives a large traofc of valuable land at Waiotahi, Thames goldflelds (and whioh the natives desire to be called Grahamstown). This has been a matter of considerable delicacy and difficulty, as : the land was owned by so many different tribes or I families.' On Saturday last a meeting of the natives interested— to the number-'of about one hundred — . met at Mr. Commissioner Maokay's residence, and, after a korero of about four hours' duration, Mr. Macksy at leDgth stated that, »s the land appeared to him to be satisfactorily leased to Mr. Graham, he desired only to retain to himself the right of laying off streets through the land in such manner as he conceived to be for the public interest. Mr. Mackay also stated that |he saw no difficulty in its easily passing through the .Native Lands Court, and suggested a pl»n whereby the surveys of the several lots might be arranged. Mr. Graham has taken possession of the land, and has a number of men employed in the erection of buildings ; also fenemgr, draining^ ditching, ploughing, &c. Thin township bids Mr, at no distant date, to outrival* Shor-tknd Town. We also leam< that application has been made, to Mr!. Mackny for permission to form a tramway betwixt Sbortland Town and Grahamstown ; alsoa wharf at each- of the townships] which, if carried oubj will be a great convenience to the inhabitants of the goldneldsi generally. It will be seen from our advertising columns that Mr. S. Jones will offer for sale oa Saturday next, at the Brunswick Buildings, on account of the Acclimatisation Society, a large number of English and other birds, and which are to be liberated by the purchasers. The following are amongst the lots to be offered :— 3O skylarks, 18 starlings, 40 chaffinches, 24 grey linnets;^4 'Australian quail,i 6 bronze- wing pigeons, 1 12 green linnets, 20 'blackbirds and thrushes, 12 Rockhampfon and chestnut sparrows^ and 42 California^ quail, • > It was announced at a meeting of the Chora! Society 'held on Tuesday evening that the concert whioh it was intended to give to Lady Bowen have to be delayed for some days, as his Excellency and L*dy Bowen intended to leave Auckland on a visit to the Kawau and the Bay of Islands, It was unanimously agreed at the same meeting that a complimentary concert should be given in a short time to Mr. Joseph Brown, in recognition of his valuable services as conductor, and as a mark of the esteem in whioh he is held by the members. We 'believe' that' it is intended to have a roadway made from Symonds-street and Princes-street to the ne w ball-room or concert-room at the back of Government House, so that it will not be necessary to pass through the grounds in order to obtain access. A preliminary meeting iB to be • held to»day, at 11 o'clock, at the City Board offices, for the purpose of making the necessary preparations for the publib meeting of the inhabitants of the province on Friday afternoon, at the Brunswick Hall, to afford an oppartunity to the inhabitants to express their Abhorrence at the recent attempt made on the life of his Royal Highness the Duke of Edinburgh. ; A meeting was held in Stark's Hotel, Onehunga, on Tuesday night, to oonsider the propriety of inviting his Excellency the Governor to < 'nehunga, and presenting him with an address. A committee was appointed to draw up the address. William Pike, a discharged marine, and Bernard Duff/, an old offender, were apprehended yesterday by Detective Teraahan on a charge of housebreaking and robbery. It appears that stolen property had been recovered by the police and traced 1 to their possession^ and from inquiries made it was found 'that a house at present occupied by Mr. James Masefield had been broken into before the tenant took possession, and a 'silver coffeepot, blankets, window blinds, curtains, &cv, part of the property " reoovered and identified, stolen therefrom. The robbery was com* mitted between the 14th of February and th« 6th of March last, the house having been kept locked up during that period. The prisoners will be brought before ihia Worship at the Polioe" Court this morning, A special service is to be held in the Synagogue; Emily Place, on Friday evening next at five o'clock* for the purpose of offering up prayers for the merciful preservation of the Duke of Edinburgh, and to supplicate a oontinuance of the same. We have been requested to state that the first ordinary meeting of members of the Auckland Institute 1 has been postponed until the evening of Monday, the 4th of May, at seven o'clock, in the Museum, Princes-street. A Bpecial meeting of members of Court City of Auckland is advertised to be held this evening at seven o'clock, for the consideration of matters " in > reference to the attempted assassination of the Dnke of Edinburgh." The trustees of the Savings Bank are convened to attend a meeting on Saturday afternoon next, at three o'clock. The second concert of the series was given by the Carandinis last evening, but Madame Carandini, being; indisposed, did not appear. It is needless now, we should think, to say anythiug in Auckland in praise of the exquisite singing of the Carandinis, as it has been unmistakably acknowledged by every audience before whom they have appeared. To-night is the last concert they will give in Auckland, and we have no doubt there will be a crowded house. THe fine band of the 18th Royal Irish, under the the direction of Bandmaster Quinn, performed a choice selection of music on the lawn in front of Government House yesterday. The general public were not admitted to the grounds. There was a large number of persons assembled outside the boundary fence, who listened to the splendid performance of the band with "evident satisfaction. Numerous visitors attended Government House, and had an interview with his Excellency the Governor and Lady < Bowen. His Honor Mr. Justice Moore has announced that he 'will dispose of Chamber business in the Supreme Court each Wednesday during the vacation. In the case of Munro v. Mclndoe, an' application was made yesterday by Mr. Brock, on b-half of the defendant, for leave to plead therein, which was granted; At the Police Court yesterday, John Lambert was fined 10s. and costs for riding on the footpath 1 . John Jamieson pleaded guilty to a charge of larceny, and was sentenced t> four months' imprisonment. William Warren, a seaman of the barque 'Empress,' was ordered to find sureties to keep ths peace for a month, having used threatening language to the cook of the ' Empress.' The Governor has been pleased to make the undermentioned appointments iv the Armed Constabulary, viz. : — Lieutenant-Colonel George Stoddart Whitmore, to ' be commandant ; date of commission, October 29, 1867. Lieutenant-Colonel William 1 Moule, to be inspector ; date of commission, October 26, 1867. Lieutenant-Colonel Thomas McDonnell, to be inspector; date of 'commission, October 27, 1867- Major John Henry Herbert bt. John, to be inspector ; date of commission, October 28, 1867. Major James Fraser, to be inspector ; date of commission, October 29, 1867. Major Gustavus Ferdinand Yon Tempsky, to be inspector ; da,te of commission, January "7, 1868. Captain William Magee Hunter, to be inspector j date t>f commission, February 15, 1868. Captain William St. Clair Tisdall, to be sub-inspectdr ' ; date of commission October 21, 1867. Captain William Clare, to be sub-inspector ; date of commission, October 22, 1867. Captain William Newland, to be sub-inspector ; date of commission, October 23, 1867. Captain George Imlach Cummiog, to be sub-inspector ; date 'of coirimission, October 24, 1867. Captain Duncan Michfe Brown, to be Bub-inspector ; date of 'commission, October 25, 1867. Captain Frederick Ross; to be sub-inspector; date of commission, October 26, 1867. Lieutenant Choi well Dean Pitt, to -be sub-inspector; date of commission, October 27, 1867. Lieutenant John Mclntosh Roberts, to be subinspector; date of commission, October 28, 1867. Lieutenant Arthur Tuke, to be sub-inspector ; date of commission, October 29, 1867. Lieutenant William A.iry Richardsdn, to be'sub-inspector ; date of commission, October 30, 1867. Ensign Forster Yelyerton Goring, to' be sub-inspectoi* ; date of commission, January 22, 1868. George Annesley McDonnell, to be sub-inspecror ; date of commission, January 23, 1868. John Carey, to be assistant surgeon ; d»te of commission, October 31, 1867. Thomas Franklyn Baker, to be assistant surgeon ; date of commission, November 1, 1867. ' Many persons who have observed and appieciated the numerous social services to the community in which Captain Rough, our Collector of Customs, has * token part for a number of years past, in Nfelflon,

, will regret to learn, that he is about to leave Nelson for Auckland. Captain Rotrgh is to retire from the Customs service in consequence of Buffering from debility and pain in the eye* ; and he goes to Auckland, in which province he has some property on which be purposes to reside. Captain Rough, is one of the oldest, if not the oldest, civil servant in New Zealand,-"h aving been appointed harbourrmasteit of Auckland ad long as twenty-eight years ago, at which, tiirie"he went along -with the" officials to survey that harbour and lay out the -town. As taking a keen interest iv the advanoe of education, the management of public charities; and as ready both with his purse and presence to alleviate affliction, Captain Rough is -well known in many-quarters • where kindly charity | and sympathy >have been greatly .wanted ; and, apart ' from any oiherTConsidefa,tionB,r he will ion these ac-> counts be a much-missed man in Nelson, from which place he will carry many good wishes. — Nelson Colo* nisi, March 27..' The trambet* of passenge s embarked at Plymouth during the past year was 4,073, Of these 43 were for Canada, 913 New South Wales; 2,513 Victoria} 509 South Australia, 38 New Zealand, 6 British Guiana,, and 51 for the Cape of Good ' Hope. The number is 700 le s than in 1866, This diminution is to be attributed- chiefly to the general depression of the colonies, The supplies from Victoria for the cost of emigration did not continue throughout 1867y having been stopped towards the close of that year, an 1 no more supplies are likely to be voted until the two Houses of Parliament- there have settled the! Lady Darling question. However, the main falling' off has occurred in connection! with' South Australia] The only ship taken up with; Government emigrants for that colony dnring 1867 sailed in June from Plymouth for Adelaide. About six sbips will probably^ be chartered during the present year, as a- sum had beenrecently voted by the Colonial Parliament. It is a remarkable fact that, while the general emigration ha < decreased, the number of flrsc class passengers has increased. Of these there embarked at Plymouth for Australia in 1866 341, and in 1867 562, showing an increase of 221 of the first class. This increase is in some measure attributable to the growing incline tion to embark- at a western -port for conveyance,- to .which the railway authorities offer considerable 1 facilities. At the present time thera are only two ports of embarkation for Government emigrants, vis.^ Birkenhead and Plymouth,