HOUSE OF REPRESENTATIVES.

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

HOUSE OF REPRESENTATIVES.

Wednesday, August 6. NATIVE RESOLUTIONS. Mr. Fitzgerald rose with much diffidence to express an opinion on Native affairs, it arose rrom the great responsibility that rested upon any- one who in any way interfered with a Governmental policy. His resolutions, however, did not run counter to the policy of the Government, but in the same direction. No man who had given his attention to the subject but must have found how Maori doctors differ. One report contradicted another—one side of the House ridiculed the policy of the other, and the only conclusion that could be come towns that they were in a sad mess. Instead of contemplating local points in the Maori character, they must take a broad view of it as a part of humanity. He repudiated the idea that Maori scholars were necessarily Maori statesmen, ‘but was glad to recognise a scholar like Mr. Bell at the head of the Native Office. Statesmen could learn very readily the peculiar characteristics of the Maori, and when he contemplated those characteristics he knew of no savage race which could make such progress in a life-time. The Maori was a man of courageous and generous character. The Maori had a great intellectual character. He had seen papers written by Maories which would have done credit to the greatest diplomatist in the world. He would quote from Mr. Gorst—who he considered took about the lowest view of their character of all the report writers. Yet Mr. Gorst, who himself stands as a man of great intellectual rank, remarks of them thus; — “Of the acuteness and wisdom of these men, I feel bound to speak in the very highest terms. In all questions which I have heard discussed by them, they have argued with calmness and good temper, kept steadily to the point at issue, looked at the question from every side, and faced all its difficulties, and have usually come to a just decision. In their strongest opposition, they have never behaved with anything approaching to rudeness. It would be impossible to find a body of men with whom the Government could more advantageously consult upon the subject of laws and regulations for the Natives.” The Maories were a justice-loving people. He had read of their being described as Algerine pirates, but could they be compared to men who knowing they were setting all law at defiance, persisted in it for gain. Bid not the Maories oppose us because they believed they were acting in the right. If in the late affray in Wanganui the white man had been killed, -would we have taken it as quietly as the Maories had done, acknowledging that our countryman was wrong. The Maories were perhaps a fickle and improvident people, but remembering his own countryman's characteristics, (Irish) he must ask them to look on those faults with a lenient eye. The policy heretofore had been one that prevented amalgamation, the object of his resolutions was, to bring them together. He then took a lucid review of the action of the Colonist, the Missionary and the Government, in relation to the Native race. With reference to the relation between the Colonists and the

Natives, lie came to the conclusiou that the dis-iraion between them was an artificial one of our own making, and should be removed by ourselves. With reference to the relation of the Missionary to the Native, he spoke strongly of the evil effect of the mistake which the Missionary had made in attempting to check the progress of colonization. But great as was the mistake of the Missionstill greater was the mistake of the British Government in attempting to keep the races separate. That policy was a failure, and the Natives would be swept away, if the Colonists did not step in to prevent it. Unfortunately there had hitherto been two governments in the colony, one for the colonists and the other for the natives, symbolizing in the highest quarters the separation of the races. Our land policy had tended to perpetuate the determination to keep the two races separate, setting apart distinct districts for each of them. He knew it would be said as he himself used to say, that the lands of the Native would have been parted with for next to nothing, but he was now satisfied that that evil could have been mitigated. The legislation of 1858 was the first distinctly to recognise the vicious principle of law in one part of the colony, and law in another, based on the proprietary of the soil; and in the new system about to be introduced the same principle was continued. He then reviewed the present condition of the Maori; it was a state of decay. The civilization that had been going on had been checked, owing in a great degree to the late war. The reports on the table showed a state of decay, as if the hurricane of war had swept over the ■whole island. The Natives were, however, in a state of retreat from civilization before the war, from various causes, such as the loss of power by the old chiefs—a loss that allowed the natives to fall into a state of political anarchy, because no institutions had been given them in its place. Another cause of decay was, that they had lost the arts of their old life before they had acquired the arts of civilization. He illustrated what he meant by contrasting the two following extracts from one of the Commissioner’s reports: “Noa says—T am in favor of a raupo building, because I do not know how to build a wooden house; but I understand raupo work.’” “Eawiri says—Tf I could find sawyers I would have a wooden house ; what is the good of a raupo building ?—it is always out of repair ; besides, my people are all young men, and dont know how to build raupo houses.’” The Natives were like the chartists at home, wanting a something and not being able to get it. They were like a child of 10 years starving off the food which at 10 months fatted him. As an old Chief remarks, “they never would have wanted a King if they could have obtained laws without.” Mr. Richmond sneered at the desire of the Natives for a separate nationality ; but was it not the greatest proof of their want of law ? He was glad the Natives had set up a separate nationality ; he was glad they had given this one great evidence of their growth in national life. The Native department shut their eyes to the yearning of the Maori for law. They looked upon it with contempt; they thought the mood would soon die out; but it was not a mood, it was a new-born instinct. They wanted a nationality; he would say to them take our nationality. As regards the future the House was under great obligations to the Fox Ministry, for reducing a paper scheme to one of practice. The present Ministry were like the man in the Chinese proverb; “on the back of a tiger and couldn't get off.” They must keep pace with the growing wants, and not fancy that the institutions fitted for to-day will satisfy, a few years hence. He saw in village runungas elements of evil and great annoyance to the Government. Better absorb them in native provinces with native Superintendents. The district runangas were closely allied to our own provincial system and he looked upon them with hope, but even they cannot have any -weight without their law extended over the whole district, no matter who occupied the various portions of the land. The abstract majesty of the law is the grand idea to get into the minds of the natives, to which natives, colonists, Governor and Queen must alike bow, but unless the new institutions were purified such would not be the case. It anpeared to him that by recognising a claim of native ownership instead of taking possession by right of discovery, the Crown recognised that the natives had a right to sell then’ land and that the Crown could get none of it without purchase. The title of the native had since been practically changing, he was persuaded that none believed that Crown Grants would cover the whole of the Northern Island, but he could not see why at this moment the Courts of law could not recognise the native

title, why the courts should be fettered to recognise only a fee simple. What was called “extinguishment of title” should be abandoned ; and the native should be taught to understand that as he sold part, the remainder would become of more value than the whole had been. When this was understood there would be no dearth of land. He compared the Maori to the Irish landlords, -who were too poor to cultivate, and the Encumbered Estate Court dealt with title in some such -way as he, though the Maori lands could be dealt with, and quoted a report of Mr. Bell’s in favour of the process,—a process which would not be in accordance with the 1 Land Act introduced by the late Government. The tune has arrived when the purchasing under the old Land Purchase Department must cease, very little more could be hoped to be purchased under that system; but if the proposal he made were carried out, in a very little time the market would be glutted. Referring to Taranaki, he considered that the Colony was bound to see that the Colonists obtained what they proposed to give the Natives. If the Settlers bad had swords put into their hands and allowed to do as they pleased, they would have been in possession of millions of acres, and the Colony was bound to see that they were compensated for every farthing they had lost, and restored to their lands, by a peaceful policy if possible, but within a specified date. He concluded by reviewing the future of the Maori, which lie believed was that the Government must either gain the confidence of the natives or destroy them. The price of confidence was free institutions —free as those which they themselves enjoyed. The resolutions he proposed contained a policy which admitting all to the same equality would give the confidence desired. If not the present state of armed neutrality could not last but must end in war,. —the war of the tomb. In reply to those who said that we could not trust this race but must conquer, he would say:— In the hands of men entirely great. The pen is mightier than the sword. Take away the sword— States may be saved without it. The honourable gentleman concluded his two hours speech by a sublime peroration, to which it is impossible in the few lines to which we are limited to condense it. Mr Bell had great difficulty in following the last speaker, especially as lie spoke under the responsibilities of the newly acquired office. His consideration of those resolutions convinced him that they were identical in principle with the proposals for Native government made by the Governor. lie fully concurred in the observations that put aside the suppositions that there was anything that necessarily required a native scholar to understand the question of Native government. All the misery of the last twenty years, was (o be traced to the administration of Native affairs under principles, by a department, and with ends, different to that which regulated European allairs. The same law of justice and right on which wo based our own institution, was the basis for the Government of both races. William Thompson’s letter in answer to Governor Browne’s declaration was a strong corroboration of the natives power of diplomacy, and a groat mistake had all along been committed in disbelieving what the natives said when they told us that which was unpleasant. That letter was an instance. Wo must now thoroughly understand that a largo portion of the natives distrust the intentions of the Government." If we could persuade them that we wanted to benefit them, and not merely ourselves—if we could get them to receive ns now as they received us twenty years ago the whole difficulty—to meet which they would use every means in their power. The early founders of the colony foresaw that it was scarcoly possible to prevent an antagonism springing up, & hence the system of reserving lands in the midst of those selected by the Colonists; but such was not the course pursued by the Government. The founders looked to the value of the reserves as the true equivalent; but the Government recognized a different title by the treaty of Waitangi, and if we could recognise their title as proposed by Mr. Fitzgerald, much of the difficulty would bo overcome. He was not aware of a single instance in which where land had been justlypurchased the natives have repudiated the value of the policy of acting justly towards them with respect to their territorial rights. He combatted Mr. Fitzgerald’s opinion of the legislation of 1858, tending to disunion—its object was the same fusion as that which the resolutions before them aimed at, as was shown by the memoranda of Mr. Richmond. The same law could not at once run over the whole island, it required the same foundation, and the direction should be the same, but it might in some cases be special, just as the law was in some cases especial in Great Britain—different in Scotland to what in was in England. If the same law was insisted upon for both races, it would tend to disunion :they could not understand our laws, itrequired a special profession to understand them. They must therefore have special legislation uHcl that legislation must come from. tlio nativnabased on the authority given by the Assembly as the Governor’s plan proposed to do. The latter would be the better course, but the former was the most practicable. There was no difference / between the Legislation of 1859 and the proceed-, ings of the Governor with reference to the Kai-e para feud—the latter was simply allowing the' Natives to form a court to settle their land differences. Mr. Bell then defended the Governor’s Natives proposals from the charge of being consitutional dolls, to bo broken when tired with, by a full disquisition on the Natives in their capacities of tribes, hnpns, Ac., with a view to show

who, in New Zealand, as in all in our infant colonies, Lang on the skirts of the regular settlers, and bring a sad reproach on the British name. At the same time I am not prepared to withdraw substantially my general allegations that the natives have been treated with injustice, oppression, and cruelty, to the dishonour of our common Christianity, and the disturbance and hindrance of the blessed work of Evangelisation, which has been so successfuly carried on by the Church Missionary Society. These charges I cannot withdraw, because to do so would bo to contradict my convictions. That those convictions are not singular, let me show you by the following extract from a letter which I have recently received from one of the ablest, most sound judging and impartial of the London officials of the Church -Missionary Society ; a man who has the fullest information on the points at issue, as well as nearly every other advantage for forming a correct judgment upon them. He writes : ° “My Dear Friend,—Though you may soften the expression you used, I do not*think you could fairly withdraw them. 1 ’ “ -The declaration of martial law against a party standing out for what they regarded as a legal right; and which they were willing to submit to any fair tribunal, co'vcrs all that you have said. The fact that the Government of New Zealand is about now to submit that claim to a legal adjustment is a national confession of the wrongdoing at Taranaki, in the first instance. Mr. Brown has also written a letter of remonstrance to me for allowing our printing press in New Zealand to print, as he terms them, such false and slanderous pamphlets as those of Sir W. Martion, late Chief Justice of Now Zealand, Sir \V. Dennison, Governor of Sydney, and a Mr. Turner, one of the respectable settlors. I shall simply answer him that where men equally Christian with himself take different views from himself, he has no right to complain if we, judging of both parties impartially, come to the conclusion that he is himself mistaken and the other party right. In support of these views, entertained by my friends as well as myself, I beg to refer you to three pamphlets publish by the Committee of the Church Missionary Society; documents which first served to form my judgment on the questions involved in the unhappy New Zealand war ; they are, “ Memorandum of New Zealand Affairs ; “Further Remarks on New Zealand Affairs;” “ A Vindication of the Missionaries and Native Christians.” I beg to refer you also to a pamphlet entitled, “The War in 2s'ew Zealand, by Wm. Fox, member of the House of Representatives and to two tracts by Octavius Hadiield, Archdeacon of Kapite, New Zealand ; the first entitled “ One of England’s Little Mars; a Letter to the Right Hon. the Duke of Newcastle;” the other, "A Sequel to One of England’s Little Wars, &c.” Lot me add that you must be aware (hat in the views published by the Archdeacon, Bishop Selwyn and other dignitaries of the Church iu New Zealand quite concur. Be assured that in flic remarks I made at the Douglas meeting I was actuated by no unfriendly feelings towards the colonists. My sole object was to do justice to the wronged natives, and to vindicate the Missionary work from undeserved aspersions. I am, Sir, Yours o:c., Hugh Stowf.lt.. FS. Having just seen a letter from the Rev. H. 11. Brown respecting my speech, iu the last number of the Manx Sun, i now add that 1 purpose sending a copy of this letter for insertion in that journal. Canon Stowfll axd the New Zealand Set-tlers.-—The following is an extract from a New Zealand letter received by the last mail thence, relative to remarks some time ago made by Canon Stowell, in a speech. in this town, in which ho alluded in anything but complimentry terms to the settlers in that colony “ The Southern Cross which I send you contains a second article on Canon Stowell’s speed) at Douglas, on New Zealand affairs. The article is more temperate than the previous one, and oidy charges him with defective information while it exonerates the Church Missionaries hero from having sent home accounts to justify the Canon’s statement, as they have been charged with doing. I cannot myself believe that any Missionary woidd tell Canon Stowed that the natives wero'shot down like dogs, and robbed of their lands by the settlers, for nothing of the sort has happened. The only shooting down has been in battle, and no land has been taken, except by the Government paying for it more or less, just as they could get it. At the same time a good deal of pressure has been put on the Government by the settlers to buy land pro-, bably through this the Waitara quarrel was precipitated and resulted in war, when the natives refnscd.to let the disputed block of land be surveyco. I have also heard a greater number of settlors vow extermination to the natives (ban I have heard utter peaceable sentiments regarding them. Many had the disposition to act as the pioneers in the far West of America used to do with the Indians who opposed their progress, but the fact is they never were powerful enough to do so, they had always to be very conciliatory with the Maoris, knowing that the later could at any time exterminate them ; indeed the Government officials have it is said sometimes done actual injustice to Europeans in their disputes with the Maoris, rather than fall out with and make enemies of the natives. I have no doubt Canon Stowell has been told by Missionaries how the work of Christianising tho natives were impeded nay, almost put a stop to, by the arrival of large numbers of settlers from whom they picked up all that was bad in trade and morals, while they saw nothing to add to their religion. Great harm was done by the early settlers in this way, and the fervid fancy of the Canon seems f o have imagined tliat actual force and oppression were also practised here as in other countries where the Britisli | colonists have come in contact with aboriginal tribes. Ilcncc, in my opinion, his mistake; and so I have argued, when others have been inveighing against him, for his remarks have created quite a sensation here amongst the colonists, who arc not at all contented to sit down under the rcpoach that ‘ many of them are tho off-scouring of our own land.’ ”

therefrom the objections of Mr. Fitzgerald could not be maintained. Admitting that two different inodes of dealing with tin: land existed as between themselves and the Crown, he acknowledged the foult was our own, for he had first puzzled the Natives, and then puzzled ourselves. The KinoNative was intended now to act as a bar to colo°nization. lie could not say it was a blraneablo lout lire, it was a desire to save (heir remainino patrimony, and he could not suppose wiih air! I'itzgerald that millions of acres would be in the inarKot by an alteration in the land tenure. If we gamed their confidence land would bo sold ; only that day news hud been received from Auckland ot large quantities having been offered. Mr hell concluded li, ex;.tossing the earnest desire of the Government ro carry out the principles of the Resolutions as a whole. hey would advise the adopt Hie resolutions, but it rested with his Excellency to ; put them into operation when lie thought tit. Mr. Moouuouse . rajoiced at the prospect before tlic native race winch these resoldions opened up. He could, not agree with .Mr. ltd! that these resolutions were in accordance with His Excellency's proposals. His (Air. Moorhousc) plan for the natives was—. 1.,/io puss an Act authorising the preparation of a doomsday bock. 2. lo establish a Court for administering the law tempered to each particular case. The Judge to be a high minded English gentleman who would suit his judgment to the special equity of the offence. 3. To divide the Native districts into Provincial Councils, subjects to the Constitutional powers and restrictions of onr Councils : but before this could be done, Native title must bo individualized, for the purpose of the franchise. Coupled with these Statutes, it ought to go forth that henceforth the Government will buy no more land ; let the natives sell it to whom' they please and for what they please.