SIR GEORGE GREY AND PROFESSOR MORRIS.

New Zealand Mail, Issue 1211, 17 May 1895, Page 11

SIR GEORGE GREY AND PROFESSOR MORRIS.

Sir George Grey’s reference in a letter to Professor Morris, of Melbourne, to an episode in the career of the late Chief Justice Higinbotham, of Victoria, has been widely circulated. Sir Robert Stout has written to the Professor about the matter, taking exception to Sir George Grey’s statements. The following is the copy of the letter which Sir Robert has forwarded to us : “ Wellington, 7th May, 1895. “ Professor Morris, Melbourne. “My dear Sir, —In your preface to your most interesting ‘ Memoir of George Higinbotham ’ you make the following quotation from a letter written by Sir George Grey : “ ‘ I entertained a great admiration for the late Chief Justice Higinbotham. On one occasion when a difficulty had arisen with the Maoris, at my suggestion he was invited by the Government to come to New Zealand to act as arbitrator, and at grearfc inconvenience to himself he had consented to come. Political changes unfortunately put an end to the proposal. But it is my belief that if that good man had come to New Zealand, much bloodshed would have been avoided, so highly was he respected by all parties/ “ You say :— ‘ It is a matter of regret to me to add that I have not been able to discover the date of any details of the matter/

“Will you allow mo to stats that this? letter must have been penned by Sir* Georg-e Grey when he was suffering frour loss of memory ? He is an old man—B® years of age—and his lack of memory must be excused. It is wholly erroneous. The facts are as follows :

“In 1878, when I was Attorney-General, I proposed that all disputes - regar ding the purchase of land by Europeans from tho Maoris should be decided by a special tribunal. There had been, especially in Hawke’s Bay, many hundreds of law suits to set aside land purchase transactions. It seemed to me that our Supreme Court could not undertake the task of settling these disputes. I therefore introduced a Bill called the Native Law Suits Act. In the debate oh the second reading, a question was raised about the person to be appointed the Judge of this new tribunal. The charge made was that the' Bill was meant to appoint a ‘political’ Judge. In reply I said: —‘Let the Judge be a barrister who has never practised in New Zealand. If necessary, let them go to some of the other colonies for such a gentleman. Let them go to Victoria - for. instance, there was a gentleman there—he referi'fidi to Mr Higinbotham—who stood in the highest ranks of the profession, and whose name was known throughout the whole of the Australian colonies.’ (See Hansard , vol. 29, p. 696.) After the second reading was carried, a proposal was made to appoint a commission of three. I suggested several names, Mr Higinbotham being one (and the Cabinet ultimately agreed tohim), Mr George Cook, one of our most respected and ablest equity counsel, and one of our District Judges, the late Mr Mansford. The Bill was still opposed, but it reached the committee stage on the 11th October. Next day, at the suggestion of myself, agreed to by Cabinet, Sir George Grey, as Premier, cabled to Mr Higinbotham, asking him to accept the position as chairman of the commission. Mr Higinbotham agreed to act, but the end of the session was near, " ail'd' 'we-- had to drop the Bill. “On the 29th October Sir George Grey again cabled to Mr Higinbotham, thanking him for his kindness in consenting- to act and stating that the Bill was dropped. “At this time Sir George Grey did not know Mr Higinbotham. I knew of him from my old friend Wilson Gray, and though I had not then met him, I had made myself carefully acquainted with his brilliant career, and I believed no one was so able to perform the duty required under my Bill. These are the facts. “No difficulty had arisen with the Maoris. It was Sir George who invited him, not the Government, and it was at my suggestion. Further, there was no bloodshed after 1878, and the Bill was not dropped because of political chancres. As I. have said, almost every statement in tho letter is wrong. “ Let me add that I am delighted with the memoir. I hope our young people especially will read it. To know George Higinbotham was to love him. I believe he was the grandest man that ever set foot in Australia, and his life and example must have a wonderful influence on all who read your hook. “ Yours truly, “ Bobert Stout.