THE HAWKE’S BAY TIMES. NAPIER, THURSDAY, FEB. 13, 1862.

Hawke's Bay Times, Volume II, Issue 33, 13 February 1862, Page 3

THE HAWKE’S BAY TIMES. NAPIER, THURSDAY, FEB. 13, 1862.

“ I have the fullest persuasion that neither Governor Grey nor any other man, in authoritv or otherwise, could have long delayed the struggle, which was growing inevitable, unless the Bi Uish rule was lo have simply declined into a nominal rule, and unless the Hlaories were permitted to become masters.

“If the natives are led to believe that they will succeed by perseverance, and that we feel doubtful and uncertain of our own rights, and that we may slacken in the vigorous assertion of them, then it needs no prophet to declare that the war will intensify still more, and grow into a duration of which one may, literally, be said to descry no limit.”— Fjm: ui; hick C'aiuungtox.

Contemporary journals, that are closing their columns to fuels and views which are calculated to inform the public of the true aspect of affairs, and crying “ poeace, peace,” when there is no peace, as several have done in Auckland at the opening of the new year, and in Wellington at the recurrence of their anniversary,—which endeavor to persuade the public that “ Sir G. Grey’s efforts for a peaceful settlement of the native difficulty proceeds on the whole satisfactorily,” and that “ the success which has so far attended his efforts may well make this a time of gladness,” with much more to the same effect, are, whether they are aware of it or not, heaping up materials for the evil-disposed of the native race to work with, as well as hastening the crisis of affairs at hand. We are willing enough to admit that it is the duty of a journalist to bring forward everything that is capable of showing the prosperity which may exist, or which passing events render probable, ( 0 ajff Jjj vancement of that particular portion of the colony in which his lot is cast by every legitimate means ; but it is no less his duty, when clouds darken his horizon and adversity is seen approaching, to warn his readers of its proximity, and not suffer it to come upon them unawares.

For ourselves, we must say that although we have watched with anxious hope for the success of the well-meant endeavors of the Governor to reduce our chaos to order with-

out a resort to force, as yet we have not been able to see any such success as is spoken of by some of the New Zealand pi’ess, neither do we see any prospect of such, but rather the reverse ; and as day by day rolls on, the hopes we at first entertained grow more and more feeble. Our conviction at this time is, that it is simply impossible to solve the native question—to restore the supremacy of Her Majesty in these lands, and confidence to the settlers—to establish peace between the races upon a permanent basis, ty au y extension of the means that the Governor has as yet tried. We have remarked that we see no sign of his success up to the present time, ami we say it advisedly ; it is no success where the concessions made are all on one part —that certain friendly tribes have consented to receive the favors he has bestowed on them—not on his terms, but on theirs; even the very loyal tribes in our own vicinity must make their conditions “ that the promised enquiry into the case of the Waitara' should be prosecutcd before they would consent to accept from the hands of Mr. Ward the very boon they had professed to desire—their self-government through their own runanc/as. To this it may possibly be objected “ that Mr. Ward also insisted on one condition— ‘ that full liberty should be granted by them to the Governor to make roads through native lands,’ and that they accepted this condition ; if this be so, then no doubt we have no more difficulties on this point—no more obstructions to the contractors and workmen employed by the Provincial Government, for the opening up of fresh roads or the necessary repairs of those already existing. We will perm if the Provincial Engineer himself to inform us of the state of this case, as an authority which must be admitted

“The principal chiefs in the district, after preventing the Middle Road from being commenced, and their promises to afford every encouragement and assistance, are now constantly throwing obstacles in the way of the repairs of (he To Ante Road —turning the workmen out of quarries which have been opened at considerable expense, and rendering it probable that the traffic will bo completely stopped and the road ruined during the next winter. These obstructions are not confined to that district, but are general all over the province, where the land is still claimed as native property. On the Mohaka track last year, a con-

tract was taken by a native for repairs, which were never even commenced though great inconvenience was suffered by the public; and alter lie was repeatedly spoken to and written to in vain, a party of Europeans were scut, to periorm the work, but were prevented, although the road was nearlyirnpassable. Improvements are needed on the track from Mohaka to Wairoa, but the probability is that our Maori rulers will not permit any but themselves to be employed at it.”

For more full particulars we must refer to the report made by this gentleman, merely remarking in this place that from the extent of the obstructions to the road works offered by the natives, it will be nearly impossible to induce Europeans to undertake a contract on native land at any price. Sufficient has been given to shew that whatever the natives may have promised Mr. Ward, their actions, up to this time at all events, prove their determination to allow all that portion of His arrangements with them that demands concession on their part to end with promises. We expected nothing else, nor can we perceive how any one at all acquainted with their character as exemplified in their past actions could have so expected. The extracts with which we have headed this article are taken from a letter on “ The real cause of the Kew Zealand war,” addressed to the people of the mother country, where we have, before this, had occasion to show extremely erroneous views are held on the whole native question, as well as on that particular point relating to W. Kiugi and Waitara. As this document of Mr. Carrington s is extremely interesting and important, and from the pen of one well acquainted with all the facts of the case, who cannot be charged with distorting facts nor giving a partial view of the circumstances, we shall take an early opportunity of publishing it in extenso for the benefit of our readers, more especially as it has lost none of its interest up to the present time, but is as applicable to the whole island, and the whole native question, now as it was to Taranaki and the occurrences there then.

We cannot conceal our belief that the temporising and yielding character of the course pursued by Sir George Grey in relation to the rebellious tribes is not altogether his own, freely chosen, and adopted as the best possible for overcoming the difficulties by which we are surrounded as a colony, but rather that it is the result of instructions received from the Imperial Government, by which ho is fettered, not indeed from the ihike of Newcastle, whose published opinions indicate a better acquaintance with the state ot affairs here, and the best and only means that can avail for their remedy, than might have been expected from one entirely absent from the field of difficulty, but from his colleagues in administration, whose ideas, more under missionary influence, have been allowed for the time to over-rule his own. Certain it is that if Mr. Carrington had been describing the policy pursued by Sir George Grey since the government of the colony has been placed in his hands, instead of describing a course to be avoided, he could have hardly done it more correctly than he has in the words we have quoted from his letter. The natives have indeed been led to believe that they will succeed by perseverance ; that we feel doubtful and uncertain of our own rights ; that we may slacken in the vigorous assertion of them ; nay, more, the consequence of the abrupt and inglorious termination of the Taranaki war is almost the same as ho describes, as the consequences that must have resulted from its delay. As far as a large population of the native race are concerned, the British rule has declined into a merely nominal rule, and the natives are allowed to assume the mastery over us ; the blood of our fellow countrymen shed on that occasion, and the treasure expended there for the assertion of our rights and those of Her Majesty, have been by all subsequent dealings with the natives rendered void of effect; even their right to retain the block of land which on that occasion was permitted to become tbe casus belli is given over to them to decide for themselves, if they do not think better to keep it without discussing the matter at all, and the evil day, which was then seen to be rapidly approaching, and which these operations were intended to avert, is only for a little while retarded in its approach, to come upon us when it does arrive with all the greater intensity, from its present delay—and still with all this before their eyes, there are not wanting contemporary journalists who talk of “ peace and prosperity,” “ cheering prospects,” “ the success that has attended tnr G. Groy 5 s policy, 55 and much more to the same effect, that evidently exists only in their own imagination. The recent visit of the hon. Crosbie Ward to Napier, and the result of the decision of the grass money question consequent thereon, has already been prolific of much evil.

Whether intended by that gentleman or not, the effect on the native mind is, that they were perfectly right in the action which they pleased to lake in the case of the Messrs. Shirley and others, and are emboldened to proceed in the same course. We refer to our Local intelligence for a recent case of cattle seizing, not on the ground of the occupation of native land, nor from the vexatious demand being resisted, for we are credibly informed that an order for the amount demanded was at once given on Mr. Harding by the person in charge of the team. lids case is a further illustration of the ideas held by the native race respecting the nature of a lease—the land or grass in question being actually rented by a runholder from the natives, which, however, does not in their minds annul their right to claim payment from others. And this is not all, for certain natives in the Mohaka district have recently written a letter to the superintendent, Avhicli will he found in another column, declaring their intention to build stockyards, and seize on the cattle, sheep, and horses of their European neighbors ; giving as a reason, that “ they have seen in the newspapers the talk on this subject,” of course referring to Messrs. Shirly’s case, the result of which could hardly have been expected to have produced any other eflect on the natives than a conviction that such was the proper course to pursue. An Auckland cotemporary, after giving from the Napier press the report of this (Shirly’s) case proceeds to comment on it as follows

“ This is certainly one of the most extraordinary judgements ever given in a court of justice. The native party proceeds against a settlor to receive a sum of money for the pasturage of his cattle upon native laud. Now the “Native Land Purchase Ordinance” provides (clause 1), “If any person shall after the passing of this Ordinance purchase or by writing or otherwise agree to puchase any estate or interest in Land from any person of the native race, or shall by writ ing or otherwise agree with any such person for the purchase of the right of cutting timber or other trees, or of the right of mining, or of the riyhl of pasluraye, or for th e me or occupation of land,” ho “ shall bo liable to forfeit and pay any sum not less than £5 nor more than £IOO, to be recovered in a summary wav.” This Ordinance of the General Assembly is still unrepealed, and it could not be annulled by an act of the Provincial Council of ’Wellington. It appears that Shirley had always refused to enter into any agreement with the natives for the right of pasturage for his cattle, and for this adherence to the law lie is mulcted in the sum of £3O. The Magistrates at Pukctapu took upon themselves to decide a question which the Supreme Court itself is incompetent to decide—that the natives avlio claimed damages for trespass were the rightful owners of the land where the alleged trespass was committed. This was a question which could only be investigated and settled by an agent of the Queen, appointed to treat with'the natives for the extinguishment of the aboriginal title. This title can only be dealt with under the Treaty of Waitaugi. It is not recognisable in a court of justice. Me do hope that the Government will take steps to have this judgement quashed by the Supremo Court, and save flic country from the consequences of so mischievous a precedent. So much for Maori v. Pakcha.

Let us now look at the other side of the picture at the decision of this Reach of learned and wise Justices, when their own country-man claimed damages from the natives for breaking down his stock-yard, robbing him of his cattle, and knocking himself down when endeavouring to prevent this outrage. It was proved and admitted, that a party of natives had entered upon the ground of the plaintiff, held under a title from the crown, had broken down the fence which enclosed his cattle and kept them in their possession for 13 weeks—returning them at last worth £3 a head less than when they were driven away, and depriving their proprietor of £1 a week which their milk yielded him. We have yet to learn that a legal claim can be enforced by violence, unless under the direction of the law. Rut here was a claim made which it would have been unlawful to admit. It is enforced by lawless violence. The lawless violence is justified by the 15ench. The sufferer under that violence denied all redress, and the persons guilty of that violence are recompensed by the payment of £3O, which the sufferer is required to pay. Altogether, this is the most disgraceful transaction we ever recollect to have heard of. It remains to be seen whether the Government will consider the persons who thus abused the authority committed to them, as lit again to sit in judgement on their fellow citizens. Of this we are sure, that if this judgement is not quashed, there is an end to all safety for the property of settlers who live in the vicinity of laud where the native title is not extinguished. The following letter from Air. Crosbic Ward, who happened to be in the district, whither he was sent by !Sir George Grey to introduce the “ new institutions of government,” was published in the same paper which gave the proceedings of the Resident Magistrate’s court: — “Referring to the judgement of the Resident Magistrate’s Court on the 16th inst., in your case, in which it was declared that the damages sought by you against the natives for forcible removal, detention, and injury of your cattle, could not be awarded, because your loss sprung partly from your own neglect and partly from the fact that the natives bad no other redress open to them, —I have the honor to inform yon that the Government, in consideration of the fact that the imperfect operation of the law partially conduced to your injury, will pay you the sum of Thirty Pounds as partial compensation.” Our only objection to this is that it condones the proceedings of the magistrates. It remains to be seen what Mr. Crosbie Ward’s colleague the Attorney General will say to it.

The opinion expressed by some of the most intelligent of the settlers of Hawke’s Bay, is the worst feature in the whole case, as far as regards the Government, and in a political sense it certainly is so, for it teaches the natives that the case was decided in their favor not from the justice of their claims, hut from fear of them, a view which we all well know they are always cpiite ready to take of our dealings with them.