MR. JONES' LAND CLAIM. To the Editor of the Otago Witness.

Otago Witness, Issue 490, 20 April 1861, Page 10

MR. JONES' LAND CLAIM. To the Editor of the Otago Witness.

Sir, — Perceiving in your advertising columns two public notices, and both bearing reference to land 9 situated in Waikouaiti, — one announcing a public sale of said lands by our present Government, and the other cautioning the public against purchasing certain of the said lands, under peril of legal proceedings, — I am induced to tax your attention for a brief period, knowing that the

press in all free and liberally constructed Governments is a great barrier to oppresssion and wrong.

Now the said lands, with certain exceptions, are claimed, and in my opinion honestly too, by John Jones, Esq., in virtue of a grant, by Governor Eitzroy, and it fairly puzzles me to discover a just, honest, or sensible reason which will enable the Provincial Government, authoritatively, to dispose of private property. It may be well for them to reflect, that the power they now possess, being a subsequent event to the grant of these lands by Governor Fitzroy, they cannot with legal consistency, annul or repudiate the accredited administration of a prior Government.

It may be expedient to replenish the Treasury Chest, but to advance this expediency, as a palliation for what must appear in many minds as dishonest aggression, will, in no desirable manner, add to the welfare of a community, or cleanse away the stain that will indellibly affix itself to their characters as gentlemen.

What retributive consequences frequently result from the promptings and palliations of this expedient principle ! Under the influence of this temporising monitor, injustice loses its repellant mien, and even crime assumes a somewhat interesting garb ; more especially, when elated with the consciousness of power. We deem our approaches inaccessible to impertinent protestation and resounding reproofs. Under the influence of this unmanly, this truculent, selfsoothing and self-caring principle, the Provincial Government of Otago prostitutes its dignity, pooh, poohs, its propriety, and revelling in its supposed infallibility, and expected public subserviency, has the assurance to advertise for sale the lands of John Jones, Esq.

Before Dunedin was of such vast circumference, and ere the precocious abilities of the present Provincial Solons possessed intrinsic worth, Governor Fitzroy, vested with sufficient authority for any such purpose, ordered that the lands to which John Jones, Esq., now most naturally asserts his claim, should to him be granted. Can we dispute with propriety, with common sense, with the least tinge of rationality, with proper respect, and loyal deference to the enactments of her Majesty's Representative, this grant of Governor Pitzroy.

Whose lands upon the broad surface of creation are to him a freehold, if a power that to-day is and yesterday was not, can invalidate possession ? What guarantee have we that the homesteads we to-day confidingly purchase shall to our children be heritages hereafter, since the power that now is may have its decisions nullified by the pow«r that yet may be ? Does the lapse of a few brief j r ears consecrate robbeiy ? — making fraud, restitution ; wrong, right ; and falsehood, truth.

Are individual rights and properties to possess no stronger guarantee of endurance than what the fitful conceptions of a petty, brief authority may announce ? If an accredited and prior Government assented to a donation, and ordered a documentary grant to be furnished, are the legislative enactments of our imposing Governments so superiorly conceived that in all purity and honor they may contravene, disallow, and with legitimate and consistent loyalty respect its decisions.

How unfortunate the position of any whose merits, enterprise, and local usefulness procure them such acknowledgment of their worth as Governor Fitzroy thought fit to confer upon John Jones, Esq. ! How humiliating to the individual who this day has had the pleasure of being appreciated and. his integrity and usefulness rewarded, und to-morrow hears his award coveted and his rights invaded ! Oh, how home to our feelings is this modern evidence of the instability of all human things ! Our hearts turn loathingly from such sickening impressions, and we yearn instinctively for the love of the unchangeable.

I do not conceive in my own mind that such a misapplication of power will be tolerated by the Province, nor do I think the usurpation of these lands by the Provincial Government will be looked upon in any other light by the public at large than as an illegitimate and ungenerous exercise of power. It is true that we have a Constitution, in common with all New Zealand, for the preservation of our present importance and the development of our future's incalculable greatness ; but this ,blessing, bestowed upon us by our Home Government, will be misapplied if we use the power conferred upon us for illicit purposes and aggressive views.

Contrast the attitudes of the conflicting parties, and then say with whom an unbiassed instinct prompts us to side. Will it not be Avith the solitary individual who calmly declares the maintenance of hia property, and the preservation of his grant ? When a bevy of presumed gentlemen thus menace a single individual, what opinion can the public at large have of their manhood, their capacity, and integrity ? but yesterday invested with the pomp and circumstance of office, nnd now already assuming an inconsiderate domination, disallowing the enactments, disputing the decisions, and conceitedly questioning a governmental behest. Is it in consonance with the integrity of well constituted minds, or compatible with the honour of a Government ? Is it in harmony with unbiassed truth, and therefore in accordance with fundamental right, to veto a claim to lands which the spirit, tone, and tenor of documentary evidence sufficiently validates. „ t . We know that the complicated structureof otir ' laws gives a twilight aid to many whom power and position may encourage to demur ; but distinctly and emphatically a grant is truly a grant, as a donation, to the best of my Christian belief, is very often a most inspiriting and welcome gift. Impressed with these convictions and believing they are reciprocated by many, I have had the assurance, Sir, to solicit the attention of the public and your indulgence to their expression ; and, devoutly praying that tho Government will not covet or desire this or any other gentleman's land, but learn and labour truly to deserve their own estates, and perform their duties in that line of life which many talented and genuine gentlemen at home find quite sufficient for their experience and abilities. I have, Sir, the honour to be, Your obedient servant, Alfred Wilson. Waikouaiti, April 8.