JUSTICE IN THE COOK ISLANDS.

New Zealand Herald, Volume XXXVII, Issue 11366, 8 May 1900, Page 3

JUSTICE IN THE COOK ISLANDS.

TO THE EDITOR. Sir,--May I ask publication of the enclosed copy of a recent letter from mo to His Excellency Lord Ranfurly, as sufficient explanation of the grounds on which I appealed for inquiry into the shameful injustice of which Vakatini, a Earotongau high chief, is being treated, and to whose case your correspondent refers in to-day's Hebaid? Ynkatini's claims upon mo aro great. He was a valued officer in responsible public positions during my administration from 1890 to 1898 as British Resident in tho Cook Islands. On two trumped-up charges of £17 5s 9d and 18s respectively, as embezzled by him as a public officer, he has been sentenced on each of these charges to six months' imprisonment (12 in all), at the desolate islet of Manuae.

By what distortion of view he could have been charged with embezzlement at all ; t is hard to imagine. The subject in dispute was only a matter of account and of refund, if at all. Nor Was imprisonment as a punishment known to Maoris, whose law was based on the Scriptural law of restitution. Nor was there gaol nor gaoler in the islands up to the timo of my departure, and of Yakatini's resignation. I hope the importance of this subject will bo a sufficient excuse for trespassing so much on your space with regard to it.— am, etc., Frederick J. Moss. Parnell, May 7, 1900.

Parnell, April 19, 1900. My Lord,-l. I have received from Makea Daniela a letter dated March 25, written in Maori, and accompanied by a translation, of which I enclose a copy. It is in reply to letters from me to his wife Bending to her copies of my letters to Your Excellency regarding her husband's imprisonment, and also advising a3 to tho sequestration of his rents, the seizure and sale of their joint household furniture under judgment of the Court on September 9. 1899, and his petition to Your Excellency in accordance therewith. 2. In submitting this copy of Makea Daniela's pathetio appeal to me for help. I have the honour again to represent that his cases call for prompt investigation in regard to the persecution and wrong to which he has been, and still is being, subjected, as well as in regards to the maladministration of justice in the Protectorate of the Cook Islands, of which he is the victim. 3. The old-es-tablished recourse to the British Consul and afterwards to the British Resident is no longer available, because the office of Resident is'now merged in that of Judge of the Native Court, known as the High Court of the Cook Islands. By this merging the judge has become sole and irresponsible administrator of justice. There is no preliminary inquiry by magistrate, nor any legal authority, and in these cases against Daniela tho charges were brought before the judge direct from the Native Government as prosecutors, and of whom, as British Resident, the judge is also the sole lawful and responsible adviser. Thero is no judicial appeal from the decisions of the Court, and the judge has declared from the Bench (in the case of Williams v. Aitutaki) that ho would, in supnort of the dignity and authority of his Court, promptly punish as guilty of contempt anyone questioning his decisions by appeal to tho British Resident against them. 4. I again make this appeal to Your Excellency as a duty, on my part, to Makea Daniela, who did good public service in the offices held by him during mv administration, and in connection with which offices tho alleged offences arc said to have been committed. I now further take upon myself the responsibility of charging the maladministration of justice m the Protectorate as demoralising the Native Government and the people, as having destroyed confidence in the security of person and property, as having created a rule of terror, made personal rights and freedom depend on the will of a judge without appeal, and in whom is also vested the authority of British Resident without whose formal approval no law nor any act of Government administration is letrallv valid. 5. Yet thus armed, the British Resident must have learned from the experience of his predecessor that the tenure of his own high office depends on his continuing to work in harmony with an ignorant Native Government, swayed by personal animosities, and plaved upon by designing and unscrupulous white- men around them. And with especial reference to Makoa Daniela, I am persuaded that his steadfast refusal to be led away by thoso men, and his earnest warnings to'the arikis of the mischief they were bringing upon themselves and their people, are tho cause of his being so markedly singled out for attack and for the destruction of his niana as one of the highest chiefs of the Cook Islands.-I am, etc., FREDERICK ,T Moss, late British Resident at the Cook Islands. His Excellency the Earl of Ranfurly, K C M G., Governor of New Zealand, etc., etc. Hospital. Barotonga. March 26. 1900 Dear Friend, Mr. F. J. Moss: Sir.-Salutations to yourself, wife, and daughters during this great trouble of mine. I received your Tetters of February 13 and March 12, with the copies of your letters to the High Commissioner of Fiji. I have no way or means of writing to the Governor of New Zealand or anybody. lam really afraid of tho Judge, Colonel Gudgeon, and the arikis here. lam now 1 like the bird that is being chased by the dogs, and it makes mv body shiver when I Pee Ngamarn and hear of his talk about me. He has spoken in the Court meeting after mv petition to Colonel Gudgeon and the arikis to let me free to go home and tins is what he said: " If you let him free from this trouble, then a worse trouble will come again, for he will be treading on the arikis. and my (Ngamarn's) great wish is that he should not go back again to his homo, but to send him to Manuae Island." With that I have commenced to get greatly afraid. What is this man trving to do to me t ithas weakened my soul, and I have no means to obtain and writo the papers yon have asked for to send to the Governor for me. I wi=h to let you know that yon most not expect mo to do any work daring my confinement in this house. lam alone here in this trouble, and I can see no chance of freedom, and I have no one to assist, me-not one But if von could see anv possible way of obtaining 'mv freedom I bono you will trv all in vonr nower to assist, me. Do not look to Makea Daniela to assist himself, as ho is now swimming in the breakers of the ocean. I have no nlace whatever so that 1 con'd sit down and write. I give myself into vour hands to try and save me, and do it in' anv wav «-ou think proper. In my own thoughts I must not do anything. The nrikis and the Governor may treat me badlv if I were to do what you advise me. ' Butl leave it entirely to you to trv vour best to ret me freedom. Enough -From V. JIAKEA DANIUbA. Romans xii. 19: Not having anyone to assist me, I have placed myself in the hands of God. that he should grant my prayer that yon will bo successful.