IsiXhosa Intellectual Traditions (IsiXIT) Digital Archive

JUSTICE. THERE are many indications, very welcome in these times, that, notwithstanding a contrary disposition in some quarters, a great and an intelligent portion of the European community are disposed to act fairly in Native questions, and to treat Natives as reasonable people having rights which ought to be respected. Only a few days ago the leading Dutch organ, Het Volksblad, insisted in a very lengthy article upon an investigation being had of the alleged murder of a Native by the man PELSER in the Burghersdorp district. The article is written in very clear, fair, but vigorous terms, and it is gratifying indeed to find this newspaper, Het Volksblad, claiming only justice, that great concomitant of liberty which every Native prizes so much, that great principle which every Englishman boasts of as his birthright, in a matter in which a Native's life was taken. The article in Het Volksblad concludes as follows : ' It is a crying shame and ' a scandalous dereliction of duty ' that PELSER was not committed ' for trial, and we trust that others 'better qualified than we will join ' us in protesting against this ' iniquity and that the Colonial ' Press ' will speak the word of ' ' might ' and will thus without ' respect of persons ' guard. the ' 4 weak from wrong.' ' It is only natural that sentiments like these should find an echo in the heart of every man, whether black or white, who is jealous of his privileges as a British subject. The Parliament of the Colony has lately assembled, and we wait with patience, with some hope, if also with some mis- giving, only desiring that justice may be done. In another influential quarter we are pleased to notice that Native matters are treated of in a discreet and fair-minded way. which proves how anxious are the best educated Europeans to recognize the rights and liberties of their Native fellow-citizens. We refer to the Cape Law Journal, a magazine for lawyers which is published in Graham's Town. In the April number of the Cape Law Journal we are pleased to note two articles ; one on ' Native Customs ' and the other on the ''Absence of Crime.' The article on ' Native Customs ' refers to a case which was heard by Sir JACOB BARRY, Judge President, at the last Circuit Court held at Queen's Town. The question was whether a man who had lent cattle to a woman under the custom of Ubulunga could claim the fulfilment of the agreement in the Magistrate's Court at Lady Frere. The Judge decided if their were nothing opposed to public policy or to morality in a Native custom, which might be the ground of an action, magistrates only, the need not have any difficulty in dealing with the case. It was simply a matter of contract, and the magistrate had only to determine whether or not the parties had contracted for the performance of a particular thing according to the custom. The editor of the Cape Law Journal expresses satisfaction with these views, which certainly go far to remove from the minds of magistrates doubts as to how far they are justified in trying cases in court in which Native customs come up. The other article in the same journal points out that there was a remarkable absence of crime at the various Circuit Courts lately held. We will quote one paragraph. ' The ' times,' observes the writer, ' have ' been more particularly trying to ' the vast number of Natives who ' depend upon seasonable rainfalls ' for their crops and for pasturage ' for their cattle. Yet, notwith' standing all this, there has actually ' been a marked diminution in the ' number of criminal cases. At ' King William's Town, with the ' districts of Komgha, Stutterheim, ' as well as the Transkei, there were ' only thirteen cases, and some of ' these were assault cases. The ' same remarkable state of things is ' observable at other places.' We are very grateful to be able to realize the disposition which, beyond all doubt, is now very marked in the cultivated classes of the Colony to treat Natives and '' Native questions ' in a clear, sensible, fair, and just manner.