The Lyttelton Times. THURSDAY, JUNE 11, 1868.

Lyttelton Times, Volume XXIX, Issue 2330, 11 June 1868, Page 2

The Lyttelton Times. THURSDAY, JUNE 11, 1868.

The name of James Bußby must be familiar to many of the settlers even of this island, although it is specially known in connection with certain claims of old standing against the colony, for land in the province of Auckland. Mr James Busby came to this colony about two and thirty years ago, in the official character of British Eesident, or deputy of the Government of New South Wales, of which colony New Zealand at that time was a dependency. Acting partly under the advice of Sir E. Bourke, the then Governor of New South Wales, Mr Busby bought from the natives large tracts of land at

the Bay of Islandß, and in the districts of Ngunguru, Whangarei, and Waipu. Though Mr Busby gave what would now be considered a very small consideration for very large tracts of country, the price paid by hiui was probably the fair market value at the time, and no attempt was then, or has since been made to prove that he took any unfair advantage of the natives, or that the land was not actually sold to him, and the title, as far as could be, conveyed by the natives. About fifteen years after Mr Busby had purchased these lands, and when New Zealand had become a separate colony, the Government, ignoring apparently Mr Busby's title, determined to buy over again from the natives a portion of the land which belonged to him, for the purpose of opening it up for settlement. Mr Johnson, one of the land purchase commissioners, acted as agent in the negotiation. After considerable delay, and only upon an express understanding with the natives that Mr Busby should be compensated for any damage that he might suffer, the commissioner bought from the natives, for the sum of three thousand pounds, a large portion of the land which they had previously sold to Mr Busby. This understanding was not fulfilled by the commissioner, Mr Busby neither then nor since having received any compensation. From that day to this, or rather till about a month ago, Mr Busby has in vain beseiged the ear of the public for redress. Government after Government have either refused to listen to him altogether or, worse still, have treated him to the kind of consolation which makes the heart sick.

The public will hardly be surprised to hear that the man who has been waiting in vain for thirty years in the hope of obtaining justice, is well nigh worn out and ruined. In pleading Mr Busby's cause last year, in the House of Kepresentatives, Mr Carleton declared that he had been ruined by the litigation for his land claim, that the estate was worse than worthless, for it was not able to meet the claims

upon it; that he had been ruined like too many of the first settlerspioneers of the Colony who had done

good service by their kind treatment of the natives, in paving the way for the future settlement of the country.

And not only Mr Carleton, but every other member of the House who spoke to the question, bore honourable testimony to the justice of Mr Busby's claims, and the private worth of the man.

It is gratifying to be able to record the triumph of justice, even though we may at the same time have to deplore its tardy steps. At last Mr Busby has obtained a recognition of his claims. By the action of the legislature last session, it was decreed that the claims ill question should he submitted to arbitration, This decree bus since beon carried out, and a short lime ago the award of the arbitrators was published in the Auckland Qazdtc. By this

award, Mr Busby in declared to bo entitled to nine thousand throe hundred and seventy-four acres ol land at the Bay of Islands, and to the sum of £3(5,800 as compensation for 143,800 acres of land claimed in the districts afterwards purchased by the Government. This last amount is to be paid in land scrip, to be taken by the Government of Auckland in payment for any lands selected by Mr Busby

out of the lands open _ for sale or selection within that province. Largo as the award appear to be at first sight, we doubt if it will Beem at nil extravagant when the circumstances are taken into consideration. It is true that Mr Busby gave a comparatively trilling sum—say about a thousand pounds—for the laud in the first instance. But the price that may havo been given does not really alloct the question. It Mr Busby mado ii good bargain when the stato of tho law permitted him to do so, that is no reason why ho should have been subsequently deprived of his rights, And looking upon tho

transaction Bolely as « bargain, we must remember that it is thirty years since the land was bought. The compound interest of the purchase money, at the rates which ruled in those days, would briug the amount up to a very large total. Or, considered only in the light of an investment, the increased value which would have accrued upon ti judicious and early selection of land would be immense. Whichever way it is considered, an award equal to four shillings an acre upon the amount of land to which Mr Busby is declared entitled cannot be considered exorbitant.

We are satisfied that everyone who is acquainted with the history of Mr Busby's claims will be glad to hear that justice has at last been conceded to him. Even if he has got all the money consideration to which he is entitled, nothing can fully satisfy him for the chagrin and disappointment which he must have endured for so many years. The compensation will probably come too late to be appreciated to any full extent by the sufferer. In a national point of view, there is cause for complete satisfac-

tion. An act of justice has been done by the State for which we must all feel thankful. And now it only remains for the Government to see that the award is carried out, In a recent issue of the Nero Zealand Herald we observe that the Provincial Government of Auckland seems to have been attempting to defeat Mr Busby's right of purchase under the award, by withdrawing or pretending to withdraw certain public lands from free selection. We hesitate to impute unworthy motives to the Auckland Government without possessing a fuller knowledge of the facts. But, if the statement of the Herald is true, it

bears the impress of an unworthy dodge which it will be the duty of the Colonial Government to checkmate. The province of Auckland has, we imagine, reaped the profit of the injustice which has been committed upon Mr Busby, and it is the duty of the local Government to make full reparation.