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Hawke's Bay Times, Volume II, Issue 52, 26 June 1862, Page 5 (Supplement)

O! my offence is rank, it smells to heaven!

— Samlet. * * * We 'would attribute the continued violation of the laws, and even this last enormous attack upon the vital principles of the constitution, to an ill advised, unworthy personal resentment. — Junius to the King, To the Editor of the Saw fee's Tag Times. Sir, —The insult given to the understanding of the public by the most extraordinary decision arrived at in the case of Mr. Colenso, in the Civil Commissioner and Resident Magistrate’s Court, on Monday last, was irrepressibly manifested by such as were present by an outburst of hisses. Never, on any past occasion in Napier, has such an instance of public indignation been called forth, for never before in Napier has such an adverse judgment been given on evidence so entirely calculated for an immediate dismissal of a case as on this occasion. If it he, sir, the intention of Sir George Grey to cany into effect the doctrine of Bishop Selwyn, that New Zealand is for the Maories and missionaries only,—if the dark skins are to be the dominant race, excepting indeed that favored few of which the Civil Commissioner is a type,- then indeed Sir George has selected his nominees with judgment, and the consummation of the object is near at hand; but if it is intended that this country is to be a home for both races, and the law administered fairly and impartially, then the abilities of Colonel Russell had better be turned to other matters for which they would be better suited. Military officers rarely make good magistrates or impartial judges. Their practice has been to dictate, not to investigate— to command, not to reason. It would perhaps be impossible to select a person more imbued with that autocratic tendency which a military life and education so generally occasion than the present Civil Commissioner, and the fact seems abundantly proved by the judgment before alluded to. I will not insult the gallant Colonel by supposing his intellect so obtuse as to arrive at his judgment given from the evidence elicited, for I believe that there was not one person present who heard the proceedings that would have paused even .so shortly before dismissing the case as did the Civil Commissioner when he astounded the whole court on the occasion to which I have reverted. The public are seldom wrong; more I’arely still when there is but little sympathy with the person who is made the object for testing an important principle. To support Mr. Colenso in any claim to the missionary property at Waitangi there was little public inclination. The people were disposed (after the miserable shams to obtain a conviction under the Act they had formerly witnessed) to see some really energetic and constitutional means employed to check a system which has been such a serious blight to the Province ; but they were not inclined to convict without evidence, not disposed to sacrifice justice to party spirit, not prepared to punish a man who had occupied land awarded for services done or to be done, and spare the

law-breaker who might indeed have done the Ministers some service, but hot the people, —they who had so bravely and perseveringly laboured to bring the country to that degree of civilization and security, as to render it habitable for those who, now' “ dressed in a little brief authority, play such fantastic tricks before high Heaven as make the angels weep.” The population, by the last published return, had decreased about 200 in the quarter! In the public mind there is still an uneasy, unsettled feeling, with a disposition to seek some favorable locality. If punishment is terbe inflicted from caprice, or resentment entirely, regardless of law or evidence, , this unsettled feeling must increase. . Perhaps it is the object of the Civil Commissioner to be the last man. Os a Ronger.