FURTHER PAPERS RELATIVE TO GOVERNOR SIR GEORGE GREY’S PLAN OF NATIVE GOVERNMENT.

Hawke's Bay Times, Volume II, Issue 60, 21 August 1862, Page 5 (Supplement)

FURTHER PAPERS RELATIVE TO GOVERNOR SIR GEORGE GREY’S PLAN OF NATIVE GOVERNMENT.

INSTRUCTIONS TO LTEUT.-COLONEL RUSSELL, CIVIL COMMISSIONER. Office of Minister for Native Affairs, Auckland, March 3rd, 1862. Sip.,— His Excellency the Governor having been pleased, to appoint you to be Civil Commissioner lor tin? District of Ahuviri, this day constituted by Order in Council,! have to convey to you the following instructions for your guidance. Your own acquaintance, as a settler of the Province of Hawke's Hay, with the peculiar circumstances which have affected, the relations between the Natives and the settlers in that Province for the last two or three years, relieves mo from the iicces-ily of explaining in detail the difficulties in the way of introducing any/ system that should alike he acceptable to Goch races and prevent the recurrence of evils which at oho lure seriously tnreutened the peace of the sotilament. You are aware that cm- oi li s Excellency s Ministers lias recently vi-Med the Province of'Hawke’s Ray, and taken Uiolh’-f s!cp.-- towards bringing into operation tln-iv the plan of Native Government instituted by Sir Ger..gc Gray. It is the prosecution of'that task which Sac Governor now confides to you. In older that you may bo placed fully in possession oi what has already been done, I enclose herewith copies of live papers, as noted in the margin, to wine)! your attention is directed. In particular 1 have to request your careful perusal of the suggestions made by Mr. Crosbie Ward for the guidance oi tne officer who might be appointed Civil Commissioner of the District—not that his Excellency's Government desire to fetter your discretion, or would be unwilling to adopt any modification which you should point out as desirable, but because those suggestions convey generally the views of the Government as to the way in which Sir George Grey’s plan should bo introduced at Napier, and because it is desirable to disturb as little as possible any arrangements which have already been made. 1 desire, however, to add a few observations of a general character. I need hardly refer you to the outline of the Governor's plan, which has been extensively circulated both in English and Maori, and with which it is presumed you have already made yourself well acquainted. You will have observed that the proposal is based upon the recognition of the Native Runanga as the instrument through which the Natives may practically receive the benefit of self-government, under English guidance and the sanction of English law. The Government does not pretend to have framed a perfect scheme; it lias contented itself for the present with the endeavor to give effect to those laws which the General Assembly has already passed, relying on the ultimate development of such elementary institutions as can now be planted, into a good system resting on the free assent of the Native people themselves, and preparing them, by teaching them the first steps in political life, to take hereafter that fair and equal share iu the government of the country which the theory of the Constitution already gives to them -as well as to her Majesty’s subjects of the European race. The laws to which I have referred were intended to provide, first, for the political organization of the Natives, ami secondly for the administration of justice among them. Tims the Native Districts Regulation Act enables the Governor, with the assent of the Natives, to put into force regulations for every purpose with respect to which it would be prudent to make laws without the intervention of the Colonial Legislature : while the Native Circuit Courts Act confers large powers upon Courts comprising European Magistrates and Native Assessors, for carrying into effect both the general law and any special Regulations made by the Governor. I enclose you copies of these Acts, which have been carefully translated into Maori. The 7th sub-section of the 2nd clause of the Native Districts Regulation Act is one which may be used with success to put an end to the disputes which have led to what, is called the “ Grass-money Question, ’ and to establish a system under which both races may exchange the constant and open violation of the law which has long been going on, for a recognized occupation of Native lands, under conditions securing to the Natives their just right to the profits of their own lands, and to the settlers the use of fertile tracts which have not been acquired by the Crown. It is probable that to this subject, (he attention not only of yourself but of all the inhabitants of the Province will be first directed, and, as being under the present circumstances of .Hawke's Bay the most important one, it will be convenient to take it as an example of how the Governor’s plan may be practically worked. The Regulations to be put in force under the Native Districts Regulation Act need not and often will not be applicable to the whole area of a district. They may either be General Regulations applicable to the whole, or Local Regulations applicable only to a portion. Thus it is intended that the General or District Runanga, over which the Civil Commissioner will preside, and which will consist of Resident Magistrates, Native Assessors, and such other members as may be appointed or elected, snail frame regulations on matters of general interest affecting the whole Native population of tire District: while the Village Runangas, presided over by the Resident Magistrates, under the general direct ion of the Commissioner, and consisting cither of the whole number of adult males or ot a selection from them (as may variously be desired in different districts), shall frame Regulations on matters affecting only themselves and their property. Applying this to the circumstances ot Hawke’s Bay, it may be very desirable and even necessary that the principles on which the occupation of Native land shall lawfully take palace at all, should be declared in a General Regulation applicable throughout the District: while it may be equally desirable, having regard to the difference both in ownership and value, that different rules should locally exist, at the recommendation of the village Runangas, for the occupation of the agricultural plains of Ngaruroro and of the pastoral co tin try of Borangahau or the fern ridges of the Mohaka. In like manner, on other .subjects for which the Act provides that Regula-

tion may be made, similar variations may occur between local, regulations ; but it will readily occur to j-oii that it is best to aim at uniformity wherever the circumstances will permit. You will observe that Mr, Crosbie Ward has proposed to divide your district into three parts ; —viz., to the North, Wairoa and all the country beyond the Mohaka block, to the South Waipukurau with Rua Taniwha and Porangahan ; and the Ahuriri Plains in the middle. For the purposes of the Native Districts Regulation Act, accordingly, the whole province of Hawke’s Bay will remain one district; for the purposes of the now Circuit Courts Act it has been divided into three, to be called the Hundred of Waipukurau, the Hundred of Ngaruroro, and the Hundred of Wairoa. In the Hundred of Ngaruroro, Mr. Ward has proposed that there should be six Assessors, and in the Hundred of Waipukurau ten Assessors: he has not proposed any number for the Wairoa Hundred, because ho did not visit that part of the country, but his Excellency’s Government consider that four Assessors will' be sufficient there. In each of the Hundreds a Village Runanga is to be constituted, of which the Assessors will be the first members, in addition to the Warden, or chief Karere, who is to be nominated by the Runanga for the Governor’s approval; the other members being either all the adult males, or, if that should not be desired by the Natives themselves, a certain number to be selected from them. For the whole district, 20 Kareres are to be appointed by the Runanga subject to the Governor's confirmation ; and you will determine, in conjunction with the Village Runanga, how these 20 Kareres arc to be distributed in the three Hundreds, having regard to the Native population in each. The salaries of all the Assessors in the Bay of Plenty Disarict have been fixed at the uniform rate of £3O per annum. In other districts. the salaries vary from £2O to £3O, rising in a few special cases to £SO for chiefs of high rank and iullucnce. It is not the Governor’s wish to force any particular system on the Natives in all the Districts. His Excellency is willing to meet their own views in each District as far as he reasonably can. Assuming the total number of Native Assessors for the whole District to be 20, you arc authorized to settle with these chiefs either for a uniform salary of £3O per annum, or for such a variation of salaries as shall not in any case be more than £SO nor less than £2O, nor exceed in the whole the total to which uniform salaries of £3O would amount. The Wardens iu each Hundred will receive £2O a year, and the Kareres a uniform pay of £lO a year each, with their clothing. All these salaries are to be paid monthly by you, according to pay lists whereof forms will be supplied. With regard to European Magistrates, it is the the wish of (lie Government ultimately to station one in each of the three Hundreds. For the present, however, it has been deemed sufficient to appoint Mr*. George Sisson Cooper Resident Magistrate of the Waipukurau and Ngaruroro Hundreds ; and you are requested to take steps on your arrival at Napier for submitting to the Governor the name of a qualified person as Magistrate for the Wairoa, where there is reason to believe his services are much required. In conclusion, I have ‘to invite yon freely to communicate with the Government on any subject on which you may desire further information and guidance. His Excellency is well aware of the difficulties with which 3 011 will have to contend, but he confides—not for the first time—in your self-reliance and prudent judgment to overcome them in the long run. No other part of New Zealand resembles Hawke’s Bay in the characteristic feature of the most valuable, level, ami fertile land being still retained by the Natives, in the very midst ot a growing European population which naturally longs to bo allowed to put that laud to its proper use in agriculture. Nowhere is the truth more apparent, that institutions of Government for the Natives can be successful only on the condition of securing the cooperation of the colonists and the mutual good-will of the two races. The Government is satisfied to ccnfide this work in the Province of Hawke’s Bay to an officer who has served her Majesty with credit, is well known to the Natives as a good friend in former days, and possesses the feelings and interests of an actual settler. I have, &c., Henry Sewell. Licut-Colonel Russell, CHil Commissioner, Napier. ENCLOSURE I. MINUTE BY ME. DILLON BELL RESPECTING THE HAWKE’S BAY GRASS-MO-NEY. November ICth, 18G1. jkFto* Jlf/nisfers.] The letters received from the Resident Magistrate at Napier (61—532, 61-563) respecting informations and complaints against Natives for levying Grass-money, require early attention. I apprehend the state of the law is as lollows : By the Cattle Trespass Ordinance of 1816, damages to the extent of £2O could bo recovered for trespass on substantially fenced land, except where Natives were concerned, when Justices might assess damages though the land wore unfenced. This Ordinance was repealed within the Province of Wellington by the Impounding Act of the Provincial Council, Sess. 3, No. 8 (1856), which made other provision on the subject of Cattle Trespass. By this Act, however, it was provided that the Superintendent might proclaim Pastoral Districts in which the Act (or any Section of it) should not bo in operation. The Superintendent, on the 14th April, 1856, proclaimed the whole of the Wairarapa and Hawke’s Bay country to be Pastoral Districts, except the townships of Napier, Featherston, Greytown, and Masterton ; and declared that Sections 2,4, 6,7, 8, 11, 12, and 13, of the Act should not apply there. I do not find that any other Proclamation has since been made, or that the Act has been amended or repealed. It appears, therefore, that the only law of cattle trespass in force in the Napier Country Districts is to be found in Sections 3,5, 9, 10, 14, 15, 16, and 17, of the Act. These Sect ions are as follows ; § 3. Any person occupying land over which cattle shall trespass, may, without im-

pounding the cattle, summon the owner before a Justice of the Peace, who may award special compensation. § 5. Protects persons driving cattle on a highway, if the cattle accidentally trespass on unfenced land. § 9. Owners of tresjwssing cattle may notenter •without permission on land in the occupation of any other person to seek and drive away such cattle, under a penalty of ss. to £5, unless such cat- ■ tie shall be milch cows, or be seen actually trespassing on cropped land, or land laid down to grass and substantially fenced: but if permission be asked and refused, a Justice of the Peace may give authority, such authority not to relieve owner of trespassing cattle from damages for any injury clone. § 10. Persons driving cattle belonging to any other person from land in the occupation ot the latter, to pay a penalty of ss. for great and Is. for small cattle, besides damages for loss of time to party seeking redress. § 14. Relates to entire animals. § 15. Gives power to .Superintendent to proclaim Districts in which Act not to apP!J- ---§ 10. Interpretation of words “ cattle,” &c. § 17. Penalties and damages may be recovered summarily: damages to be paid to the person on whose land tresspass committed, and penalties to the Treasury. The Resident Magistrate reports several cases of “grass-money” : 1. Terr’s Case.—The Petane Natives (8 miles from Napier) forcibly seized 4 working bullocks and other cattle ; the Resident Magistrate sent them a letter, which they disregarded; issued a summons, which was torn up: Natives’said thenside of the river was for the Maori Whakawa. Ton- paid the demand of the runanga. 2. Alley s Case.—Natives of Pawhakaairo seized 6pr7 cattle; Alley olfered £2O; the Resident Magistrate applied to A. Alexander, J. P., but matter not arranged up to 7th October. 3. Stevens & Jidwin’s Case.—Natives of Petane, on the 28th October, forcibly took 17 head of cattle, demanding £ls for grass money. 4. “ Several other instances,” not described by the Resident Magistrate, The Resident Magistrate says that the prominent circumstances in the cases are those : There are 40 or 50 small land-holders ; Close to their small holdings a large extent of Maori grass land ; No fencing or natural boundaries ; Actual dependauce on the Maori pasturage for feed ; No attempt, or only a mere pretence to prevent the cattle from straying ; The wish of the settlers to get the feed for nothing; The determination of the Natives to put their own price on the grass, and to enforce their demands. A nd he warns the Government that violence on the part of the Natives, if their demands are resisted, will end in collision, and that “ the present, state of tilings cannot go on muck longer without serious and perhaps deplorable events.” It may be added, that the Hawke’s Day newspapers have boon full, for some time, of* articles and letters on this subject. A public meeting of the Hawke’s Day settlers was held at the end of October, to prepare a Memorial to the Governor. This Memorial (dated 2nd November, 18(11, received 20th November) represents that “unless his Rxccllcncy steps in between the settlers and the Natives collision will ensue ; that the law as between Native and European, is a dead letter: that there is no tribunal before which disputes between Europeans and Natives can be taken with any hope of a satisfactory result; that the Natives may have reason to consider themselves aggrieved in matters relating to cattle grazing on their land, but that the settlors protest against the Natives taking the settlement of such cases into (heir own hands.” The Hawke's Bay Herald , one of the Napier newspapers, says (2Sth October) ; —‘- The trespass complained of is an inevitable consequence of the advance of colonization; and all the ‘informations’ and ‘judgments’ would utterly fail in arresting it. The olfonco is committed by the whole community^—runlioldcrs, small fanners, butchers, milkmen, and, indeed, every man who owns a horse or a cow; for the moment an animal finds itself at liberty, it forthwith repairs to the rich pastures of the neighboring plains.” The Hawke's Bay Times, which takes a strong view of the illegality of the course taken by the Natives, lays the blame on the numerous instances of illegal renting of Maori land ; refers to an article in the Herald, of last May, which “ noted a rise of 4s. a head in the value of sheep, consequent on the great extent of grazing country recently leased from the iSativcs ;” and says that “while we condemn the Maoris for defying the law, we must not forget that they were not the first to • do this : while we blame the Magistrates for allowing Maori passions to run riot over law and order, we must blame them still more for permitting the law, in the first instance, to be violated by the squatter.” The District Land Purchase Commissioner, Mr. Cooper, in his report of 7th October, is of opinion that the Natives have just grounds of complaint. “They go to the Resident Magistrate, but as the depasturing of cattle on Maori land is contrary to the provisions of the Native Land Purchase Ordinance, they cannot get judgment. They come to me, but 1 can do nothing but write a private note to the cattle-owner to move his cattle and pay a fair recompense : the settlor treats my message with contempt, knowing me to be powerless to act.” I agree with Mr. Cooper that the natives have just ground for complaint as they cannot get redress ; but I cannot concur with him if he thinks redress is not to bo had. I f T am right as to the Impounding Act, there is nothing to prevent Mr. Cooper bimsclt, as a Justice of the Peace, assessing and awarding special compensation to the Natives whoso land may be trespassed upon : nor do I see how the Native Land Purchase Ordinance prevents the Resident Magistrate from entertaining the cases, which, indeed, he was evidently rea-

cly to do, since he issued a summons. It is vain, however, to preach obedience to the law to the Natives, in the cases of grass money and cattle trespass; while the Native Land Purchase Ordinance is openly violated by both races. The “grass money questisn” is one which will require special treatmen. Mr. M’Lean and I agree that it is hardly possible to settle it in the present state of the law and the facts as regards the occupation of Maori lands. In the meanwhile, however, in the special cases raised by the Resident Magistrate’s letter, where the settlers have undoubtedly suffered injury on their side and demand the protection of our Courts, I cannot help thinking that with care and judgment on the part of tire local authorities, the evils threatened might have been prevented by using the sth section of the Impounding Act. There may be good legal reasons arising out of the state ol the Native title which would make it inexpedient to apply that section ; but if so, what is intended by the Magistrate’s summons? It is a position impossible for any Government to hold that the law shall give the settler redress for illegal and violent exaction of damages for trespass on Native laud, but that if the Native claims the protection of the law against such trespass he can got none because the land is held under Native title. lor the future, the proper course would be to create a District under the Native Districts Regulation Act 1858, at Napier, and make regulations accordingly. A good agent might get Regulations assented to by botli races. Rut tills will not settle what (if anything) has to he done in the cases now reported by the Resident Magistrate. F. J hums' Bell. ■ "Minute by his Excellency the Governor. November 16tb. I have read this Minute with very great interest. I think some officer should bo specially sent down at once, to close the outstanding cases, and to explain to the Natives the nature of the Regulations it it is proposed to have established to deal witii such cases for the future. ' G. Grey.