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Auckland Star, Volume II, Issue 563, 30 October 1871, Page 1 (Supplement)

[FEOM THE " NEW ZEALAND HERALD," SEPTEMBER 18.] In our issue of Friday last we published a letter from Mr. James Mackay. jun., on the subject of the Native Lands Acts of the colony. Mr. Mackay is an authority on this subject, and what lie says is entitled to consideration. There is scarcely any subject of greater importance to the North. Island, aud through it to the colony, than (he law relating to the method tor ascertaining the title to native land, and for regulating the alienation of those lands to the colonists aud others desirous of settling in the colony. As the law now stands, tlie treatment o1 native lands is invested with pecu'iar difficulties and anomalies, for which there is no occasion, many difficulties surround the acquisition of native land, aud so many risks have to be run by the purchaser from facilities afforded by the law to dishonest natives, that the transactions are daily becoming fewer. This result, so much to be deplored, operates injuriously to the honest Maori who desires to sell, reducing the price or value of his land, and is opposed also to the soundest colonial policy, which would be promoted by the alienation from the natives of millions of acres now useless and unproductive, and the acquisition of those lands by settlers who would render them productive aud thus a source of wealth to the colony. Now, those vast tracts of oour -v—"Native Districts" - on which neit .; nor beast are found, form one of th political difficulties of the colony ; over them the Queen's writ does not run ; through them v few wretched, half-naked Hauhaus prevent the extension of roads, telegraph lines, and other insiguia of civilization ; bub in the hands of Europeans none of these difficulties would exist, while the taxable wealth of the colony would at the same time be greatly increased. It follows then that the provisions for the acquisition of native lands should be simple, rapid in execution, and cheap. We do not hope for such results if the bill criticised by Mr. .Vlaukay becomes law. One of the greatest evil.-: attending the present system is the facility given to the natives for extorting inon >y from the intending purchaser by periodical repudiations of the bargain the natives may have made between the time of salo and the time of the issue of the grant or certificate of title. Such things have been done again and again, with compira tive impunity. Purchases made honafide with the native owners have been tampered with by designing Europeans, who, desirous of appropriating the advantages of the bargains made by others, have aroused tho cupidity of the Maori by offering either a larger rental for the property, the subject of the previous bargain, or by the tempting offer of a payment over again to the owner of the soil for the very land already purchased and paid for by another person. And as the law now stands this can, and has been done, for all transactions before the issue of the certificate are by law declared to be " null and void." This system, as we have before stated, is a positive injury to the native himself, leading him to do with impunity that which a European dare not do, acting most injuriously to the honest native, rendering it most difficult for him to dispose of his land, while to the bona ■fide settler the operation of acquiring land or flax country, or timber on iand from the natives, is attended with great risk, and his been followed in some cases with positive ruin. The recent case of Mohi v. Craig affords a good illustration of what may be done in the existing stat~ of the law by designing Kuropeans, through the medium of a plastic native not burdened with strict notions of equity. The phamphlet published in this case discloses the difficulties purchasers of native lands have to contend with, and the hardship which may be inflicted on an enterprising man, in the sacred name of justice. The learned Chief Justice, who has had to administer the law in this notorious case, is bound by the penal statutes on this subject; he cannot alter, he can only interpret the law as it exists, and though even injustice may follow the administration of that law, his duty is clear; he must be blind to results, so that the law as it stands be carried out. The real sinners are those who put a bad law in motion to give effect to their wishes, regardless of the consequences to their opponents. Moui v. Craig was tried before a special jury chosen by both parties from the whole district. The foreman of the jury was the Hon. James Farmer, M.L.A. For nine long days, with exemplary patience, they listened to the voluminous evidence brought before them—to the almost endless wrangling of counsel — and the unsuccessful attempts of defendant's counsel to escape the legal web so deftly wound around his client. At the conclusion of the trial, a verdict, substantially for the defendant, was recorded, but which, by legal interpretation of the existing law has become, as far as costs are com-erned, a verdict for the plaintiff. The whole jury have since signed a remarkable document. We reprint it, as xollows: —

We, the undersigned, do hereby state as follows : —That we served as special jurors in the case of Mohi Mangakahia versus Thomas Craig, heard before His Jloner the Chief Jusiiee, in the Suprame Court at Auckland, in June last. That the trial lasted nine days, and that at the end of the trial we fully understood the merits of the whole caso. That our verdict, was unanimously lor tho defendant, except as to certain issues, with regard to which I he Chief Jusiiee t-xuresaly directed us in law to find for the plaintiff, with three shillings damages. That in ouj- opinion, the action was a most unriglueous and v.-xatious one, and instead of Mohi being entitled to damages for the pretended wrongs complained of by him, we con--ider Craig to hare been in tho whole matter the injured party, and if it had been in our power in that action we should certainly havo awarded substantial damages to Craig as igainst Mohi and his aoeomplicu, C. A. Harris, jun., for tho grievous wrongs he ha* sustained it their hinds. That in spite of the denials hi oiitli of Mohi an I tliwis, we are perfectly satisfied that, to all intents and purposes, Oicse two aro one, anh have throughout. worked in concert, at least as against Crui*. Chat we give it as our deliberate opinion and i.'onviction that tin; two thousand logs, more or less, cut down and squared by Craig at Dpitonui, and no v lying there, or at Harris's mill, ure in all honesty and good conscience the absolute property of Thomas Craig, aud hat M >hi and Harris have not the shadow of an equity on which to ground a claim to such logs. Tnat being sntisli.-d, therefore, that the law ha 3in this case been made the instrument of spoliation and oppression, which shock* «very sentiment of natural justiue, wo sh add be highly gratified if the legislature would devise and carry into effect a measure calculated to repair suuh an intolerable wrong. — James Fauaibb (foreman), Cjiakle3 Stichbuuy, F. X Claudu, Baktox Xurla.nl>, I A MAN O'A KILL, VV. it. LOO-AX, JiMKI Wallace, 11. J. Taylor, J. C. Mouein, GtEOUGE IIV6V, A. BAIiNHS, C. IT. OXWAY. Further comment is unnecessary. No condemnation of tno law as it stands could be moro conclusive and sweeping. Fortunately the Legislature is now in session, and a remedy may bj applied. Ihe caso referred to requires one, and we hope our legislature will not separate without making provision for compelling gentlemen like Mohi doing substantial justice tv their dealings with their fellow men. hnglish men are slow to move, lieforms are difficult to bring about. A bishop blown up or scalded to death has before now been required before needed railway reforms have been inaugurated : surely the ruin of a man like Craig will suffice to call attention to the iniquity resulting from the law as it stands. Mr. Mackay suggests a clause which we thiuk would meet such cases, and that it is for the Court on the investigation of the title also to hear the facts connected wish the bargain, and if satisfied of the justice of it to validate that bargain, and make the order for t;ie certificate subject to the agreement already made. Hal such ben the law the ruin of Craig- would hive been impossible, and the transactions disclosed in tie pamphlet published by Mr. Craig would never hare occurred.