"OMNE SOLUM FORTI PATRIA." THURSDAY, AUGUST 28, 1373.
I v oar issue of the 21st insfc. we published a letter irom Mr Mnckay; in ib he complained of our having 1 misinterpreted his meaning when com mentiug upon his report. We published the letter, and apologised on the grounds that a writer is generally the best j|udge as to his meaning. In order that the public may understand the question as between Mr Mackay and ourselves, we will explain that wfe quoted the following paragraph from Mr Maekay's report;-— i' The only way to solve the difficulty, as the law lit preset gtanJU, appears to be for the Native Lands Court to subdivide the property, thus cancel the Crown grants issued for ihe blocks, and have new grants made out in the names oc the rivjht persons.' The blocks alluded to were the Pukekara and Paiahue. We, commpnting- upon tins sentence, wrote: — "This would of course be the politic conr.se }f the intention were to admit both by word and practice that wo have made laws that we are unwilling or unable to enfoice." Mr Mackay, in his letter, refprs us to the portion of the Native Lands Act referring fa "subdivision of hereditaments.'' \Ye have referred, and find that the Court has power to subdivide, bqt only prariotis to Jand being dealt with, ie., sold or leased. We ru-assert, therefore, that to do ast Mr Maokay suggests would be a tacit admission of 'inability or unwillingness to enforce the law ; the laud in question having been dealt with. We will now proceed to consider some remarks in Mr Mackays letter. He writes : " 1 fcay without any hesitation that unless advantage is taken of the provisions of the Native Lands Act to make such subdivision of the Pukekura and Puahun bloc\>B, that the lessee cannot, get an indefeasible from even the loyal natives, of whom several
are debarred from participating m the rents or profits of the lanl by 10 only being in the certificates for each block." If the above is a correct interpretation of the Act there are very few indefeasible titles fo land bought or leased through the agency of the Native Lands Court. Mr Mackay has, however, misunderstood the Act. He has had extensive dealings in native Unch, and we vm'll ask if he ever sought for a tit Jo beyond that »iven by the signatures of the ton names ou the ~rown grant ? or whother, in the case of lease, he considers more than six absolutely necessary to give a title? If we can read and understand, no more are necessary ; and further, that as regards the subdivision of the blocks in. question, to do so now would bo iv direct violation of the Act. As regards Purukutu's connection with the transaction, Mr Mackay would have explained himself much more cleaiJy had he informed the Government whether lie objected to the passing of the land through the Court on the grounds of being one of i lie owners, or because it was situated within the territory over which the King claimed sole jurisdiction. We believe that the latter was the case, and, of couise, tno Court could not entertain any such objection. It would have been as well also if he bad informed the Government as to whether Purnkutu or any of his mob were amougst those excluded from the grant. By the aclion taken by the Government in confining their defensive works (we call them by that name for want of a better) strictly to the boundary line, they have tacitly admitted that the objection Purukutu made to dealing with the land is in their eyes a valid one. If this be the cape Iho murders of Sullivan and Todd were perfectly legal acts ; they were equally justified in killing them as we should be iv shooting- a.uy number of foreigners who landed in this colony and took possession of part of our territory. The Government of course do not mean this; then how highly impolitic is it. on their part to act in such a niuUQer as to allow no other meaning to be attached to their policy ? Purukutu's action, disguise it as we may, has, without a shadow of a doubt, intimated that so far shall you come and no further. The Government has given in, and struck its flag to a handful of savages, wl\om we are tolerably confident could have been brought to a sense of their position, — we mean that which they should and would hold were a different policy pursued towards them.
On Monday, at Vp.m.j a meeting called \>y tho Rev Father Hoyne, of parties interested in the clearing and fencing of the cemetery m Hamilton East, was held in, the Volunteer Hall. Captain Steela occupied the chair, and rcad4.he advertisement calling the meeting, and after some remarks upon the necessity of doing something, called upon Father Iloyne to deliver his views on the subject, who said he considered it a disgrace-t o any civilized community to have a cemetery in <li; condilioii which that in the ijeigOOOrllOOd of, Easb Hamilton was, and thought it the duty oi" everyone jn that part of the district to contribute something towards the clearing, fencing, and laying tWn in grass of tlio place where some present might be laid when all their toils in this world were over. A committee consisting of Captain Sleele, Messrs Seddon, Cumtning, Hunt, and Cassidy were appointed to canvass the district, and collect subscriptions. A vote of thanks to the chairman brought tho meeting to a close. We thoroughly endorse the rcr gentleman's sentiments, and feel confident that there will be little difficulty in raising the necessary funds. The new Native Landapßill was read a second time on Tuesday. Several novelties are included in its clauses. Wo have to postpone for a future > issue our remarks on, the measure. The manner in which native lands shall be dealt with is one of the mos>t important problems that our. legislature has to sohc. It is to be regretted that the draft of the Act has not been supplied to the press in tytnc to allow of criticism and suggestions; at any rate in time for modificatious and alterations to be made m committee if necessary. The recent rains and fine weather "are making the grass spring almost visibly. There appears to be every m-ospecb of an early spring. We arc glad to observe that several of the icttlers are planting willow? in front of their properties abutting on tho river. It is to be desired thnt all would imitate this laudable example ; by doing so they would save their own properties and prevent, to some extent, the silting up of the river, jt ia not an expensive improvement, as a branch cut from a tree will grow if only bui ie<l Miulciently deep iv the ground.
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Bibliographic details
Waikato Times, Volume IV, Issue 203, 28 August 1873, Page 2
Word Count
1,150"OMNE SOLUM FORTI PATRIA." THURSDAY, AUGUST 28, 1373. Waikato Times, Volume IV, Issue 203, 28 August 1873, Page 2
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