REPORT BY MR. HANSON TURTON RESPECTING THE RUNANGA MAORI.

Hawke's Bay Times, Volume II, Issue 65, 25 September 1862, Page 6 (Supplement)

REPORT BY MR. HANSON TURTON RESPECTING THE RUNANGA MAORI.

At the instance of the Government, I proceed to note down u few of the observations which I made illustrative of the working of the Maori runanga in some of the places which I lately visited in the capacity of District Magistrate. In tile runanga Maori we observe an institution of very ancient date; and in its revival at the present day is easily to be seen an ill-assorted mixture of European with Native customs, though generally asserted by the Maoris to be of purely Aboriginal origin. In old tines the term runanga seems to have been chiefly used for councils of a grave and political character, to which all men, women, and children, except slaves and their offspring, were frequently admitted. Meetings of a more private and select nature, and generally held in the night time, were used by the head chiefs for the discussion of the more important questions, especially such as related to peace or war. In 1832 we find the term “council” in the prayer-book translated by the word “runanga,” and so on since ; but in ordinary use it speedily became absorbed, in the more diluted form of komiti, to which, even slaves were admissible, but which from natives’ incomplete notions of Christain duty, became very irregular in its proceedings, and very undecisive in its action. The komiti was taken from the “committee” meetings of the missionaries, which were held periodically at the various stations; the terms “whare-hui-hui” or assembling house, and “whare-korero” or talking-house, were also sometimes heard, and the word “runanga” fell into disuso. Even in 1846, in SirW. Martin’s short paper on law, the terra does not occur once: but “Court ” and “Supreme Court” are rendered by the words “ komiti ," “komiti-whakawha” and “komiti-nui.” It was in the following year that the expression was revived amongst the natives by the publication of the “Rongo-Mau,” (treaties on peace by the Rev. J. Whiteley), in which they were strongly recommended to establish general local “runangas,” under the superintendence of the Government, for tbo better management of their internal affairs, in preference to arbitrament by the sword. But it was not till 1856 that the term runanga became common in Waikato and the word komiti disused; and since then its thoroughly native origin has caused it to be extensively adopted, both North and South, though some of the tribes (such as the Arawa of Rotorua, and the Lower Whangauis) seem to think that the runanga is somehow or other connected with disloyalty, and so continue in the use of the word komiti. And now at last, as the height of perfection, a single man or woman old or young, as the case may be, is generally allowed to constitune a runanga; and it is not an uncommon thing to hear a man exclaim, “ E ! ka runangatia au e te ru.tv.hi nei ,” my case is being judged by an old woman. Ever considering the komiti Maori, from its very constitution, to be the weakest form of local government which could be devised, and almost entirely useless for the attainment of those great ends for which all government is adapted, I have from the beginning looked forward, with great hopes, to the re-establishment of the stronger and more definite form of runanga wherever it could be placed under English supervision. For I hold it as a truth, from the history of late years, that in many cases where this very powerful engine has been left to the sole management of the natives themselves, the mixture of evil with good has been so strong as to render the plan anything but desirable as a permanent institution. Not perhaps that we could expect otherwise, under the circumstances: but for all that, it appears to be a sine qua von that European guidance is absolutely necessary to render such a scheme the means of civilizing those who adopt it. But with such guidance, and a submissive people, there is every reason to hope for the best. It is quite true that the Maoris generally look with suspicion at the introduction of our representative form of government, being especially fearful that their interest would not be consulted so much as if left entirely to Crown. I have heard chiefs repeat this objection over and over again ; but I must add, that I hare always thought the suspicion to have been implanted by people of our own race. But when they find in practice that this very legislature is so wilting to advance their best interests, even to the voting of large funds for that purpose, there is nothing in the Maori mind when properly trained, to preclude the hope that they will not only acknowledge the obligation, but also cheerfully assist in the attainment of such benefits. Only let them see where there interest lies and that such benefits will really accrue, and their cooperation, I think, may be depended upon. Perhaps their establishment of the runanga at the time was partly in consequence of ours ; and partly because they desired to do that for themselves which they did not wish us to do for them. Apologising for this long introduction, I now proceed to describe the runanga Maori, as I found it in operation in some of the various districts which I visited. Wherever I went 1 endeavoured if possible, to meet the runanga and advise with them on general matters, calling their special attention to such as were of the greatest importance though I fear with very little success. In fact the spirit of litigation and covetousness had risen to such an extent, that nothing would serve them but the constant trial of offences, whether real or imaginary, at which substantial damages were frequently awarded by the runanga, and one individual or family enriched at the expense of another; the sum of £6O having once been actually paid at the Thames for a trivial offence. A feeling of revenge or recrimination was at once aroused, and no little part of their happiness seemed to consist in raking up thoir clannish grievances, though of ancient date and trifling importance, and thus endeavouring to recover their property with interest, by claiming much larger damages than they had previously lost. And to such an extent had this mania risen, that the chief reason assigned by many for wishing to individualize their titles, was not that they might alienate their lands to European purchasers, but that they might be enabled to transfer them as payment for offences committed against each other. In which case, it is easy to see how soon the whole of the native territory would be involved in confusion; and how the

Maori’s dissatisfaction would result in revenge, on finding himself denuded of his little patrimony, and that too, perhaps, without cause. I hope the' government will provide against this power being exercised by the runangas. On the other hand I met with several natives in the Bay of Plenty indebted to European merchants and traders, who expressed regret that their lands were held in common, as otherwise, they would have the ready means of defraying their liabilities, which are now being annually increased by the addition of 10 per cent, to the original sum ; and in some cases goods had been almost forced upon them, with the promise that payment would be accepted in land on failure of other means of discharge. At Waiheke I found an assessor, but no runa-nga-raaori: and at Coromandel neither the one nor the other. Some of the people obtain considerable sums by the sale of timber, or by its freight to Auckland ; with this money sgirits are bought extensively, and both men and women, with the youths, are given to its consumption. And if they receive cash from the government for the working of their lands, it is to be feared that it will be mostly spent in a similar way. At Kapanga, I found the natives repeatedly drunk, and the women worse than the men. They received the liquor from Waiheki, and then would hawk it about the harbour Bs. per bottle. In such a case a Maori runanga would be a blessing, but the people have neither the desire nor the energy to appoint one; Pita is the most suitable man for an assessor, being one of Mr. Lanfear’s teachers; he declined the appointment. At Kaioaeranga (mouth of the Thames river), I found the natives divided into two distinct parties; the Ngatiwhanaunga under Tikapa calling for English law, and the Ngatimaru, under the old chief Riwai, all wishful to go back to the ritenga of their ancestors. At a meeting of their runanga which I called they expounded their views fully and pronounced for a state of pure Maoriism as regards customs, laws, language, trade, religious instruction, and local habitation. I never heard anything so exclusive before. They would have nothing to do with the King (Potatau), nor with the Queen, nor the Governor, nor magistrates ; but simply rule themselves by their own laws, and keep entirely separate from the pakehas. Their fathers had done without us, and so would they, &c. The argument lasted three hours, kept up with spirit and good temper; and after that the “ Queen’s runanga,” as they styled themselves, followed in reply, and gave expression to sentiments of a very opposite character. Immediately afterwards, the Maori Court, or runanga, was opened, as if in illustration of their speeches, and for my peculiar benefit. Old Riwai sat as Judge ; the case, one of “ korero-teka,” (slander), was introduced, and argued by two young men as “Roias” (lawyers), eacli having received a fee of 10s. The Judge was quickly confused by them, and sent to ask me how to proceed. I replied that I was there as a spectator only, and wished to see how such eases were conducted. Plaintiff then began on behalf of her daughter, ten years of age, whose gentle birth had been maligned, and in a screaming speech, with abundance oipukana (grimaces), demanded damages of £SO, to be paid down at onco. On this loud laughter arose on every side. The child’s father came forward to prove how reasonable was the demand ; saying that though the mother was a slave, he was a chief, and a great one, too, and t mt the sum was little enough for having called his daughter a taurekareka (slave). He was quickly supported by aunts and uncles in abundance, who all doubtless thought that £SO ready cash would be a good thing for the family; and so they all stood up and chattered together, making confusion worse confounded. By this time the two lawyers were nearly fighting, pacing about and speechifying one against the other: and the Court wns about to decide in favour of the plaintitf, who had gained judgment solely through strength of lungs and impudence, when up jumped the defendant, —a wretched looking old woman, and all in tatters: and rushing into the ring, she first divided the lawyers, then assailed the plaintiff, then abused the witnesses, heaped scorn on all the party, and justified the libel; then repeated it most expressively, and dared them to faces. The whole court was instantly in an uproar, like Bedlam let loose, each person siding olt to his party, and every speaker grinning at the rest, and ail speaking and rushing about together: when my interference was again requested by the judge. Poor old man, he was all in a nervous sweat, and had evidently lost the train of his ideas. Order being restored, I took the case in hand, much to the discomfiture of the lawyers; and within a quarter of an hour, the whole evidence had been extracted, aud the decision given. Judgment was still for the plaintiff but only 10s. damages ; and yet all parties were pleased with the result. Even the old dame herself was content, crying out that “she had never had such, a sum in her life, and never should have, and that they might get the money as they could.” This speech was received with great applause, and a collection at onco commenced, when garments and coins of various value, amounting to about 255., were handed over and laid at the feet of the mother, tlie plaintiff,—as a cure-all for her troubled mind and daughter s damaged reputation. The above -sceno 1 have described as it really occurred; and ludicrous as it may appear, I was iutormed that it was but a type of what frequently took place at their runanga-maoris. The next day 1 held a meeting of our own runanga, and found only fifteen adults of that hapu fit to act as jurymen; out of which, twelve were chosen by suffrage, or rather by the nomination of two or three of the head men, assented to by the rest. The Chief s son (who was acting as a kind of Assessor) 1 found to be very talkative and vain, expectant, of high salary, and ambitious of power especially that of throwing both Maoris and Pakehas into prison. He said, if we rule them, they ought also to rule us; otherwise, how could we say that they possessed the same right and immunities as British subjects? But still, though very rigid, his relations would prefer him to one of the Ngatimaru as an Assessor; whereas the latter tribe seem to hold him aud his pretentions in extreme contempt. As in many other similar cases the only remedy is to appoint one from either party. As to the practice of having a fixed set of Jurors,

it is no doubt opposed both to the letter and principle of the “Native Circuit Courts Act.” And yet, what is to ba done, and by what other means can the spirit or intention of the Act be reconciled to the necessity of the case ? The fewness of the natives meet you at every place, and the very small number of suitable men as jurors is admitted everywhere; therefore, there caii be no choice but one, unless courts are to be held at considerable distances from each other, which gain would be contrary to the design of the measure. This Act seems to have contemplated-a larger population than really exists; and, indeed, a population of a different kind. Amongst the Maoris I would not trust any jurymen, unless they had been drilled and trained to it, and thus gained a character for integrity and impartial dealing; as, otherwise, “trial by jury” would be but equivalent to “trial by perjury, bribery, or family affection.” In many instances the jury would comprise the whole of the adult male population of the place ; and if the selection be extended to a larger district, then there is the great difficulty of getting them together in one place at the same time. This could be met by bolding the jury courts at more distant intervals of time, (say, once a quarter, or even twice a-vear would be sufficient), and by extending the jurisdiction of the resident magistrate and assessors to cases of twenty pounds, instead of five pounds; inasmuch as nearly all Maori offences rise superior to the smaller sum. To put off such cases from time to time for want of a sufficient jury, would be to throw all the business into the hands of a self-selected runanga, which would not allow such difficulties to operate. It must also be remembered that the Maori jurors , almost everywhere, intend to be paid for their labour at so much a day; and that not as board or travelling expenses, but for what they style as the “ mahi roro,” or “ working of the brain.” This will be found rather expensive. And if two classes of men are to be chosen for the working of the two separate Acts, (supposing there be men enough), then each class must be paid equally , or the best of the members will enter themselves on the jury list, leaving the more important work, contained in the “ Native Districts Regulation Act,” to those who will neither have the ability nor disposition to perform it; and so, as at present, the whole time of the people will be spent in litigation. And when it is considered that the principle of unanimity is introduced into the Maori jury, it will be at once seen bow impracticable is the'intention of acting with such a body at frequent intervals, and on inconsiderable cases. If trial by jury is so often found, in English practice, to be so unprincipled and thoughtless, what may we expect amongst the Maoris, when they are'told that unanimity of opinion is a necssarv pre-requisite to eating their supper? Whereas if the magistrates and assessors were to do their own peculiar werk, calling a jury’ for superior cases, two or three times a year, the judicial department would then be efficient; because, under a good system, the list of assessors or probationers would bo extended, and made to include men of greater mental and bodily vigour, and moreover of about, the middle age. Then if the runanga were chosen by the people, and established as a village coum-iffor the purpose of the “Native Districts Regulation Act,” under the superintendence of the resident magistrate, every department of local self-government would thus be thrown into their hands, and every further cry for Maori-king or Maori-runanga would be simply known as a cry for a separate nationality. Before I left Kawearamja old Riwai (the bead of the runanga-inaori) came and wished me to eater into bis claims on the mission station, to the sate of which he had been no consenting party. If ecliaed to eater on the question, and referred him to Mr. Commissioner Bell, or the native officer; on which he reproached me with being an “unjustjudgo,” and wondered what I came for, Ac. So that even Riwai could admit the benefit of English law, when carried out in his own favor though not otherwise. At Opukeko, on the Thames River, I was detained five days by a flood, and thus bad an opportunity of holding protracted meetings with the people every night (the day time being useless for such purposes), when I laid down such rules, and gave such advice, as would tend gradually to break up that restless system of ceusoriousness and judging which makes'every trifle an offence, and every offence to be visited with heavy penalties. It was near this place that a runanga-Maori was called to adjudge the case of a young delinquent of some five years of age, who was brought in guilty, and fined 25., for having abstracted a cooked potato from the dinner kit before the grace bad been said ; and the poor mother had to pay it, too! I found that Pineliaha (the choice of his people) had been acting here as a Native Magistrate for many years ; and, indeed, that lie was the originator of runanya-ichakawas of these parts. Wiremu Tamehana, of Matamafa, had copied such from him ; but he highly disapproved of Tamohana’s policy as to the Maori king, and would have no connection with the party, though often urged to do so. This very intelligent chief, I am happy to say, has lately been gazetted as a Native Assessor. During my long intercourse with these simple-minded folks, I succeeded in eliciting their own views and wishes, which were unanimously in favour of English law and good government. Higher up the Thames, I came to another runanga-Maori (no European Magistrate had before visited them), and found a remarkable determination expressed to refer all their offences for settlement to the code of the Mosaic institute. Thus, cursing, adultery, and witchcraft were to bo punished by stoning, and so on throughout. And in answer to all my explanations the simple reply reply was, that if God had commanded it, it must be right; and that if it was right then, it could not be wrong now. As the growtli of flax is so very luxuriant on both banks of the river, I promised the runangas to recommend that the court fees, Ac., should be expended in the purchase of some portable machine to assist them in scraping it. Thus, instead of the flax being carried to the machine, it could be removed from place to place, and much useless labour saved. It was in the Thames that I first heard (what was often repeated afterwards at other places) that the good and punctual payment of Assessors

is considered praiseworthy on the part of the Government ; and that it would be used as a substantial argument against the promoters of king-, ism. (To he continued.) .. .