Correspondence.

Anglo-Maori Warder, Volume 1, Issue 18, 24 August 1848, Page 2

Correspondence.

To the Editor of the Anglo-Maori Warder. Sir, —Can you inform me by what authority the new regulations respecting the Waste Lands of the Crown, aequire the force of law—or whether we are obliged to pay any attention to them at all ? How do we know them to he law ? A few months ago we might have taken Governor Grey's word for it, that all was right; we could never have suffered ourselves to suppose that he would promulgate any regulation upon insuf&V' *. authority, or without the prior approval of the Lj, Oificer of the Crown. But, to take for granted thi' ' ! Captain Grey will not exceed his power, vi ith the arbitrary and unlawful abolition of the Court of Requests fresh in our recollection, would be now a little too absurd. Aa you once observed—Captain Grey is his own At-torney-General, as well as his own Vice-Adtniral. But even if we knew these regulations to have been sane, tinned by the real Attorney-General, we should still not feel quite con6dent. A worthy man, and, I really believe, a good lawyer, he is a frightened hare, doing pretty much as he is bid, suffering himself to be made a scape goat to each successive Governor, bearing away sins which h<-long of right to other men's budgets, with the most placid roildne«s and resignation. This, of which I speak, is but an isolated instance of the doubtful state we live in; for the question which I have put might bo much mc. e generally framed. Who is there that can be said to know, to a certainty, what form of govemraeut even we are living under.' The very lawyers are at a loss to answer—for the means of finding out have been carefully withheld. What with new Charters piled upon old, old again upon new, like a. game at hot cockles—suspensions of Charters, discretionary powers to Governors—and, more than anything: e se, the systematic suppression of such despatches aj might throw lijjht upon the question—all is one cloud of mystification. iNo man can plead tgnorance as aa excuse lor transgression of that law, which yet is careful y concealed from us. it has always been so from the moment of Captain Grey'B arrival in the Colony. Even Govemmant officers themselves hare been kept in ignorance. Hon* many of them knew at what period the Australian L*ad Sales' Act (repealed at Home,) ceased to have the piwer of law in New Zealand ? Licking back to the A'em Zvalaudcr of the 6\h of October last, I find aims remarks made, I presums by yourself, upon, the Colonial

Treasurer's lUfrpestion in Council, that the depreciated pebentures should be taken by Government at par in payment for land, which would, in fact, have been only returning to the pocket* of the Colonists that difference of value which had been abstracted from them by Governmeat in spite of themselves. His Eicellency, I quote from the paper referred to, was instantly seized with indignation at the violation of the Land Sales* Act, which enacts that payments for land must ba made in cash. "You ask me to commit a breach of the law," said he. The Colonial Treasurer, knowing that the law bad been repealed at Home, had seemingly been kept in ignorance of its being still in force out here. For that however there may he some excuse—it being very possible that h s Excellency, in Bpiteof his aisertion, did not know whether it was ia force or not himself. As you observed* he was at that very time breaking the law, by discontinuing the Quarterly Laud Sales which were enjoined by that Act. Neither must we forget tlie cautious answer of the Attorney-General, who was possibly of an opposite opinion to the Governor's, when appealed to on the subject. *' Assuming" answered he. " that the Australian Land Sates' Act is still in force in the Colony, such manner of payment would be illegal." Which no one would have dreamed of deny- : ing. But to this very day, no one seems to know how it really was. Let us pass on to the famous affair of the Court of Requests, from which. I may observe, infinite trouble is expected in practice yet. Are we not left in doubt whether the Governor can of his own will repeal an Ordinance or the Legislative Coonril ? T again quote an observation of your own—* •• We sre all equally in the dark, supposing much, but knowing nothing—and it certainly is hard that »e should {& made to suffer for an enforced ignorance—that any cLe should be exposed to the chances of loss and legal expenses vainly incurred, by adopting the wrong mode of procedure for recovery of a simple debt.** The Judge had the opportunity of cleating it all up, if he had pleased; but no, he was too canny; when the choice between serving the Goveroor, and serving us, was laid before him, he preferred the former course. 1 might go on lengthening this list of doubts and difficulties, had I uot exhausted my own time, and, in all probability, your patience. But I appeal to yourself. Mr. Editor, who are notorious for softening everything down, even where it would better become you ta call things by their right names, whether this is not a disgraceful state ot things. My own firm belirf is this, tb.it we are kept in ignorance of the law, that we might be less able to detect his Excellency, should he think fit to transgress it. Begging you to excuse this hurried aud slovenly letter, I remain, Sir, Your obedient servant, Enquibsb. [We likewise are " too canny"—where even the legal men, if what our Correspondent says be tiue, are at fault—to \oluureer a decisive opinion. We believe that we see our nay th-ough it all, bat must decline tunning the nsk of a mistake. It is a wrong state of tuingsbeyoud a doobt—ooe which, were it known and appreciaied at Home, wheie open dealing is the order of the day, would there be hooted. As to the tiny fragment of constitutional law which was once concedtd to us, it is not very cledr what has become of it For those who take interest m its fate (we ourselves- never thought it much worth having) the proper course would b • t. memo aibe the Governor, or, In his absence, t*»e Lieu'tntttii»Govern'»r. to publish for general information in tbe Gazette, whatever Despatches. o«- portions of Hespatches, to throw a light upon the matter. Sui h a memorial would be probably disregarded, but m gbt yel *e-ve to force it upon the notice of the Colonial office—from which, as cannot be too often rep ated, and not from Locd agitation, rrdress of any grievance must be sought. All w.H, however, sunn be clear enough again, for proclamation of the revival of the Legislative Coumtl has been ordered from Home ; but still nothing thuuld have been ever left in do'b'—»p j