Wellington Gossip.
The Chief Justice on the Native Difficulty. [By Telegeaph:.] (feom oue own cobbespondent.) WMituisaroN, Last night. The Maori cases come on on Monday next, the Government having apparently re-considered their determination to postpone them until the September Session. " . ,'• ' ■L:." ■"- ■■—■■■■ ■■ »
The Chief Justice in his address to the Grand Jury, said he gathered from the daily newspapers in certain parts,of the Colony, Maorisvhad entered upon lands which were in occupation of Europeans, their object being, it vf^s said, to ; assert their right to occupy the land themselves. ' In 1863, the Legislature passed a measure entitled " The; -JSew/,! Zealand Settlements Act" which had been in .operation in the north weslern portibttof * this judicial district.; The Act enabled the EsecuUve Government jtp take from those natives who had broken the laws, land which they had owned, thfs beitigX ■done as a punishment]for misdeeds of i Maoris. The Government were also empowered jto sell lands so confiscated. . The objects which the Legislature had in view 'were| twofold :—firßt, to promote settlement in districts where disturbances had occurred; and second, to punish those persons who were causing those disturbances. It happened that the Natives in the district to which he had referred were under the impression that they were acting in a proper manner. It was , said that their, only object in entering upon land as they had done? was 'to test the question in a court of law as to whether they /had a claim; <$ land or not. So far as he was aware of the competency of "the Legislature to pass tha "Ifew. Zealand, ,Settlements 4 Act," M if, the Executive Government had seized land under the terms of the Act, .they; could deal with it in the manner prescribed by the Act. ' This Act enabled* the Government to give compensation for, land so taken either in money or other land, and it was als<y provided that a court of enquiry might be held for the purpose of determining the amount of compensation to be given. He did not think- that anything; the Executive^ Government had done, under thi Act could ,be questioned' in a, court of law. If the land' had been taken in accordance with the ,terms of, the Act the native's bad no right whatever to enter' upon 1 it with the purpose of asserting a. right to it. It was possible jn r carrying r out this Act those persons whose land» was confiscated might not have been' .satisfied with the compensation awarded' them, but that would not justify them.' entering upon land. TheAofc might, O£; might not, have been originally expedient* or politically just, but that wasnottho J question for a court of law to decide. If the natives had acted as they appeared, to have done for the purpose *of asserting a right to the land, and with, the view,of: raising a question as to political justice or expediency of the Act it was manifest that they were raising a question which could not be entertained in a court of law. i'He' had made these observations] hot because he knew that any of the caseai iagainst natives would come before the Court here, but for the purpose of point* ing out that it was probable that useless and costly litigation might be avoided by his expression of opinion. It seemed to him if the trespasses [Which, were now being committed "in the north-western portion of the judicial district had arisen out of some real or supposed wrong done by the Executive Government, in taking the land from them, it was 'maaifesjt that the best, and in fact the only remedy ■ they had, was to appeal to the Legislature, and not to a Court of law, for redress, and from the Legislature they would sooner, or later receive justice. 'In regard to the case against Cooper and Brodio for a breach of the Arms, Act, he: said Hap* peared that Brodie had obtained a license for the purchase of a. gun in his own ljiame, and had handed^it t'rf lC6oper;^no had given it to a Maori, who in his turn used it for the purpose of purchasing a gun. The question for the jury to consider was whether Cooper and Brodie had obt&nc&'the license with the intention : of giving to the Maori, who was not the holder of a proper license, an-opportunity Of becoming the possessor of a gun contrary to the provisions of the Act. If they did so, the jury should find" a true bill against them.
. His Honor's remarks loaded (?) the diffi* culty, and ignored the position raised by the ploughmen.■ Their grievance is ; that they, being loyal subjects of the Crown, had their lands confiscated with the rebel* lious sections of certain tribes on the West and htive* never since'fietfii reinstated in the possession thereof. ! The GovernmentbiOEereiltd'release Wi Parata's son as an acknowledgment of his father's position, but the offer was rejected.
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Thames Star, Volume X, Issue 3290, 8 July 1879, Page 2
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820Wellington Gossip. Thames Star, Volume X, Issue 3290, 8 July 1879, Page 2
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