It was the more unfortunate they should have early
fallen in a difficulty with the chief justice.
The original ground of this is supposed to be a difference
of opinion as to the import of the Berlin Act, on
which, as a layman, it would be unbecoming if I were
to offer an opinion. But it must always seem
as if the chief justice had suffered himself to be
irritated beyond the bounds of discretion. It
must always seem as if his original attempt to deprive
the commissioners of the services of a secretary and
the use of a safe were even senseless; and his step
in printing and posting a proclamation denying their
jurisdiction were equally impolitic and undignified.
The dispute had a secondary result worse than itself.
The gentleman appointed to be Natives’ Advocate
shared the chief justice’s opinion, was his
close intimate, advised with him almost daily, and
drifted at last into an attitude of opposition to his
colleagues. He suffered himself besides (being
a layman in law) to embrace the interest of his clients
with something of the warmth of a partisan. Disagreeable
scenes occurred in court; the advocate was more than
once reproved, he was warned that his consultations
with the judge of appeal tended to damage his own
character and to lower the credit of the appellate
court. Having lost some cases on which he set
importance, it should seem that he spoke unwisely
among natives. A sudden cry of colour prejudice
went up; and Samoans were heard to assure each other
that it was useless to appear before the Land Commission,
which was sworn to support the whites.
This deplorable state of affairs was brought to an
end by the departure from Samoa of the Natives’
Advocate. He was succeeded pro tempore
by a young New Zealander, E. W. Gurr, not much more
versed in law than himself, and very much less so
in Samoan. Whether by more skill or better fortune,
Gurr has been able in the course of a few weeks to
recover for the natives several important tracts of
land; and the prejudice against the Commission seems
to be abating as fast as it arose. I should not
omit to say that, in the eagerness of the original
advocate, there was much that was amiable; nor must
I fail to point out how much there was of blindness.
Fired by the ardour of pursuit, he seems to have
regarded his immediate clients as the only natives
extant and the epitome and emblem of the Samoan race.
Thus, in the case that was the most exclaimed against
as “an injustice to natives,” his client,
Puaauli, was certainly nonsuited. But in that
intricate affair who lost the money? The German
firm. And who got the land? Other natives.
To twist such a decision into evidence, either of
a prejudice against Samoans or a partiality to whites,
is to keep one eye shut and have the other bandaged.