HOUSE OF REPRESENTATIVES.

Hawke's Bay Times, Volume III, Issue 148, 13 November 1863, Page 2

HOUSE OF REPRESENTATIVES.

MINISTERIAL STATEMENT. [From the New Zealander ]. [By favor of the special reporter ofthe Otago Daily Timet]. Ma. Fox : Sir, by permission ofthe House, I will take this opportunity of making a statement withrcspcct to Ministerial policy, which I promised on the occasion of our last sitting. In so doing I shall confine myself to as narrow limits as possible; because 1 am satisfied that the house will not expect any large development of a policy at the hands of the Ministry, and because I wish, in practice, to set an example ofthe course we intend' to adopt in this House—that of being men of action and not men of words. The first point upon which the House will be anxious to know what are the sentiments of the Ministry, will be with reference-to the suppression of the rebellion now raging in the Waikato and Taranaki. On that subject, I can only say that it will be tbe earnest endeavor of the present Ministry, by every meansin the power of the Colony—by men and by money—to assist bis Excellency the Governor in suppressing that rebellion, In so doing, we shall, continue to carry out those arrangements entered into by our predecessors, for the maintenance of the largest possible civilian forces that can be com sliluled, and for employing them to the utmost extent in aid of the Imperial troops. The Colony at this present moment—as will be gathered from a paper laid on (he table by my lion, friend the Minister tor Colonial Defence actually provides a force in the Northern Island, amounting to 9.629 civilians, all of whom are not actually in the field, but all of whom are well armed and under training, and in a position to be called out at a moment’s notice, if their services are required. This force is thus distributed : In Auckland there are 5,937 men, including the Waikato Volunteersunder the command of Colonel Pitt; in Wellington including Wanganui, 1,768 men armed, leaving a balance of a few hundreds more, who are net, I believe, armed and trained, but who, will be speedily so ; in Taranaki, the whole of the male population, numbering 819 ; in Hawke’s, Bay, also, tbe whole of the male population, about /59, and 1 1 he Colonial Defence Force, which, has. been enlisted in the Australian and these colonies, and numbers 375 men, chiefly mounted. The cpiony has also provided in aid* of 11. M’s forces, 3, steam vessels—the Pioneer, an iron-clad vessel, especially built for the navigation of the Waikato, waters ; a smaller vessel, and the Sandfly, lately known as (he Tasmanian Maid, a pad-, die steamer of considerable power for the purpose, for which she is needed. Such are onr present contributions to the defence-of the country; and it will be the object of tbe Ministry pot only to. maintain then in a state of the greatest possible efficiency from time to time, by considerable increases to tbe number of men engaged, by the introduction of military volunteers, and immigrants from the parent country, and ip other ways to which I will presently refer, to assist in the defence of the Country. I may mention the number of tbe Queen’s troops, with which these civilian forces will have to cooperate. There are now in the colony close upon, if not quite, 7,000 soldiers ; and 3,000 more are expected very shortly to arrive, making a total of Queen’s troops of 10,000 men. In addition, there are four large ships of war in our waters, each with her full complement of men, and a small gunboat which is maintained by the Commissariat Department on the Manukau. It is to be trusted that with these vast forces at our disposal, ready to suppress rebellion in every part ofthe Island where it may break out, the duration ofthe present calamitous state of affairs will not be long. 1 trust that when the present amount of the forces in (lie Colony, and arriving, is known through authentic sources—when it is made known to the natives on announcement from one of his Excellency’s Ministers—that it will have a very great effect in subduing the violent passions of the natives now in rebellion, and will operate as a check on any probability of further rebellion. I trust, moreover, that this statement will be a guarantee to the Home Government, that this colony is prepared to do that which at one time the Home Government supposed that wo were not prepared to do —to use our very best exertions in putt Jug down rebellion. I was exceedingly glad to learn on vny arrival in Auckland, that the late Government had not found it necessary, in the suppression of the rebellion, to resort to that practice, so obnoxious to every lover of constitutional liberty—the establishment of iqarrial law; a practice which if of any is of very doubtful validity, and which lias, when resorted to, to be supplemented by an Act of Indemnity passed either by the Colonial Legislature or the Supreme Parliament. But although this course has not been resorted to, entailing as it does so many fearful consequences on tho civilian forces over which it is extended, there are a great many cases that will arise in the attempt to suppress a great rebellion, in which the ordinary machinery of law is found to be too tardy, or which cannot be reached by ordinary enactments, with respect to which cases it was most necessary that there should be a suppressive punishment applied, and to enable the Government to reach those cas-

cs it is the Governor’s intention to propose to this House an Act of 1 have given notice to move the first reading, called “An, Act for the suppression of the rebellion which unhappily exists in this Colony, and for the protection of the persons and property of her Majesty’s loyal subjects within the same.” The material difference between this Act and ordinary martial law is this, —that Martial Law is proclaimed over a whole district, and suspends the operation of the ordinary legal tribunals between man and man—on the principle that when arms prevail the law is silent; every civilian in the district is brought under its op-ration, the whole community, in fact, is involved in the consequences of a breach of a law which has no written code, and the principles of which are in no way settled: while the proposal that we make will enable the Government, without extending Martial Law to tho whole of a district—without involving in its consequences any person ■who is not engaged in rebellion or in aiding rebels—to deal with that large class of cases to which, as [ have said, the common law was not applicable. The measure will, in short, be perfectly free from all those consequences which have rendered, and justly rendered, the ordinary operation of Martial laws so obnoxious. It will be im the model of a law of the Imperial Parliament, passed in 1833, when the principles of liberty were well established and when there was no disturbance to make it likely that advantage would be taken of circumstances to make its provisions oppressive. We are in the hope that the day will come when by the exhibition, or by the use of these large military forces, and by the legal means which the House may think proper to place at the disposalof the Government, this rebellion will be -suppressed, and then comes the question, “How and when are the Government of this country prepared to make peace?” We are not prepared to make peace at all. [Hear, hear]. This is not a war we are waging,—it is an insurrection : and when that insurrection ceases, we shall cease in our endeavors to put it clown, but not before. [Hear, hear], I have always considered it to be one of the most fatal errors committed in reference io the Taranaki war, that the natives were treated in the public documents, not as subjects in rebellion, but as enemies—a position in winch they could not legally stand, ami which must necessarily involve any Government in the greatest amount of difficulty in adjusting the subject of dispute,—because, if yon admit that the natives are in a position to be enemies, you admit at once that they have belligerent rights, which, by the Law of Nations, are granted to enemies, and you accept all ■the consequences attached thereto. ’ Now wo admit no such consequences. There was no peace •made m .Scotland in 1715, or in 17-15 ; there was rone in Ireland in 1708 ; there was none made in Canada; nor in England after the Newport ■riots ; nor will it be necessary for us now to make ■ an y peace with the natives. Our business is to enfoice obedience-to the law ; and if any Maorics •or tribe of Maories wishes to be restored to peace■ful relations with the Government, if must be idone through, and only through, submission to the Jaw. [Hear, hear.] That is simply the position in which we wish to place-the whole of our operations in rcferc-ce to tho suppression of the rebellion. "Until submission to the law comes there is nothing lor us to do but to suppress the rebellion. Hut sir, the cessation of hostilities is not our sole object. We must go ‘further than this. \\ e must take some substantial guarantee for the future security of the country—for the maintenance of peace and obedience -of the law: something that shall render it not only unlikely, but undesirable and almost in short physically impossible, that the natives should again rebel. [Hear, hear.] Me shall not endeavour to secure this end by any sanguinary law or cruel punishments. No natives will be blown .away from the : mu/,zles of our guns; we shall not, because we ; are fighting an uncivilized enemy, adopt any of :their uncivilized practices; but we shall endeavour to take from them such substantial guaran- I , teesas-to render it impossible for them again to place,themselves in such a ) osition towards us. 'J he policy we shall adopt is mainly that wliich will be found developed in a memorandum by the late Ministry, which was forwarded to the Home • Government.by His Excellency on the 21st July, and in which a scheme is developed for the militayy defence oftlus colony. I do not allude to a memorandum which has seen the light within the last few days; and which, I am informed, was not a memorandum pf the late Ministry, nor approved of by them. .1 wish.the house to mark that distinction. The,policy which the Government will .adopt in refercnce-to-the establishment of military settlements in this island will be that which is developed in the document of the 31st Julv last. It will consist in the establishment of villages, held upon a certain description of military 0 (enure, armed, and prepared to defend themselves, in various parts of the country', and,planted in such positions as the Government may consider most desirable for meeting its military emergencies. There .are about 3000 military volunteers who have been already introduced—and satisfactorily .introduced, 1 may 'ay —well selected apparently—who are now on the frontier, and engaged in its defence. It is the intention of the Government to enlist a further number of 2,000, bringing up the total number to 5,000 or 6,000 ; and it isfurther intended to undertake, from the parent country, the immigration of, say 15,000 men more, and to locate them in a similar way, they being agricultural or other labourers, as far as such could bo selected and introduced under something of (he militia or volunteer principle. Thus, there will be located in Auckland and Taranaki, or in such parts in which rebellion may exist, a population of at least 20,000 souls, all armed. These operations, sir will for the present at least, and as a principle .throughout, be strictly and exclusively confined do those parts of the Northern Island’in which rebellion exists. No attempt will be made to expend this system to any part of the Islands in which the natives have maintained peace—in which they have obeyed the law—in which there exists and may continue, friendly relations between them' the people, and the Government. If any immigration in Provinces in which rebellion does not exist, should be found necessary for purposes of defence, or for any other purposes which may be

justifiable, it will not be done until after full consultation with the Provincial Governments—with their concurrence, and, probably with their aid : and in all such districts the utmost care will be taken to adhere to the strictest principles of justice in all our transactions. Not one acre oflandwill be taken in those districts for the purpose of establishing thereon any village or population whatever ; every acre there taken will be fairly bought from the natives, from the Government, 'or from the person to whom it might belong .- but, in all those districts where rebellion has existed where the natives have been in actual arms against (he Government there the Government propose by an Act of this House, to enable the Governor to'take lands of all such tribes as have been in rebellion : firstly, for the purpose of establishing such a population thereupon as I have described, and, a further portion to enable us to meet the ’expenses of the irar. As regards that portion of the native population which has continued to obey tho law of the country, and which lias not engaged in rebellion, every attempt will bo made, as'has been made hitherto, to raise them to an equality with the European race, and to confer upon them (he opportunity of exercising all (hose privileges to wliich, under the Constitution Act they, in common with the European population, have a right. I have no doubt that the House will be as liberal as it ever lias been, in furnishing means for (ho establishment of institutions for the civilization of the natives, but our attempt will be, to bring flic two races under one. law—to make them oni°nommunity—and to let the natives feel that they are no longer a separate people, looking to a head of its own, but that all are subject, the white man and the Maori alike, to one law and one system. No attempt will be made to remove them, or to separate them from the European colonists ; but the object will be, as it was in the earliest attempt made in the south of this island, to mix the natives with the Europeans, in order that they may derive all the advantages they can derive from such an intermixture. Nothing can be so injurious, nothing so iatal to tho natives, as an attempt to drive them beyond a certain barrier—to separate them from civilization : rather than that, the attempt will bo made to mix them with the Europenns, in onuv that iiiuv may bt’iiome civilized, I find that I have omitted one point in reference to the suppression of the rebellion, and it is an important point. It is this, that in districts where the natives have been in rebellion, or are now in rebellion, the Government would require, before it would consider Hint rebellion to be suppressed, that they should give up their arms. [Hear, hoar]. I believe, and I think most of ns believe, that one of the most fertile sources of rebellion —the one from which tho natives derive the greatest encouragement to try their nrms against us—has been the unfortunate fact that, over a scries of years, they had been accumulating an immense amount of nrms and ammunition. But for this, I do not believe they would have dared to fry their strength with us'; and I do not believe that there will be any security in districts where Europeans are to be settled amongst (ho natives—at all events for a time, while the recollection of the war is strong, and the feeling? of revenge are without control— except in the disanning of (hose natives. [Hear, hoar]. I nov come to the financial means, by which we propose to carry out this system, but I will not go info details with reference to (his point, because my honorable colleague the Colonial Treasurer will, on Monday or Tuesday next I believe, be prepared to do so at length,— to state what measures it will bo necessary for the House to pass, and to give the details appertaining to that branch of the subject. I will just simply state that as the expense involved in these plans for tho Military defence of the Colony, which is absolutely unavoidable and of Hie assisted immigration, which I think is equally unavoidable—will be far beyond tho ordinary annual resources of the colony,—quite beyond what it is in the power of the Colony to pay out of revenue—it will be absolutely necessary to raise a considerable amount by loan. We propose to pay off the loan, in whole nr in part, by the sale of the whole or part of Hie land now in the hands of the rebellious natives. A sufficient portion of land will be taken to defray Hie cost to which we are put in defraying the' rebellion. This is a principle, not only in accordance with every feeling of justice, but also, I am glad to state, in accordance with the custom of the natives themselves. They have always been in the habit of considering that a conquered people surrendered their land. There is nothing abhorrent to their ideas, or to any principle of justice, in tho decision that they should bear the greater part of the expense in which they have involved us by their conduct. If the portion of the lands available for that purpose should not prove sufficient to extinguish Hie whole of that loan, then we lay it down as an absolute principle, Hint the balance shall be allocated between the different provinces which have derived direct and permanent advantage from that expenditure. I do not say that, as applying to the pay of the militia, which is an advantage which is evanescent; but that the cost of making roads, the establishment of population, and other objects wliich wotdd remain permanently of advantage to particular localities, will, if the lands taken are not sufficient to cover it, be specially allocated to the particular .province benefited, it is with reference to this branch of (he subject as to which I have been recently explaining the views of the Government, (hat of military colonization, that it will be my duty to-morrow to move the introduction of a Bill to enable the Governor to establish settlements for colonization in the Northern Island of New Zealand. There is one matter which we shall have to settle this session, and I think the House will be nearly unanimous upon it—that is, the question of the responsibility of the Government in native affairs. We appear to have got into a rather peculiar position in reference to this matter —one which, I am sorry to say, appears to bo eminently unsatisfactory to the Imperial Government, as it was, indeed, to many members of this House in previous sessions, if not at the present time. The first occasion, to the best of my recollection, when the house positively put forward any demand that the administration of native affairs should be subject to tho ordinary

regime of responsible Government, occurred towards the close of the session of 18G1, when, in the course of a long debate upon the salaries of the sub-commissioners of tile Waste lands department, a resolution.-was moved by the hot), member for Wallace, Mr. Dillon Bell, to this effect:— “ That any reconstruction of the Land Purchase Department on a satisfactory basis, necessarily involves also the entire re-organization of the political branch of (hat service ; and no such re-organization will be effectual or satisfactory to the country which does not while fully recognizing and securing to the Governor both the initiative and tlie decision where Imperial interests are involved. place the conduct of the ordinary business of native administration under responsibility to the Assemble.”

Although the special occasion was the voting of certain salaries, there is no doubt that the words and the intention of the resolution did embrace the whole question—that it was intended that the principle should be asserted of responsible Government in native affairs. [“ Hear, bear," from Mr. Bell]. One other incident 1 may mention which occurred at tlie same time. I remember the hon. member for Nelson, Mr. Stafford, rising in his place, when it was intimated that Sir George Grey had been appointed, and there was, I believe, some suspicion that his Excellency would bring with him the powers of a dictator’ and might if lie pleased to suspend the Constitution Act, practically cio so in reference to native affairs. I renumber the lion. member (Mr. Stafford) asked me then whether it was the intention of the newlyformed Government to accept anything less than tlie control which it had of the power of advice, if not of compulsory advice, in respect of native affairs. I intimated that the Government had no such intention. Tlie question was followed by tlie resolution ; and shortly afterwards we laid before his Excellency a document in which we simply stated the evils that existed, and had long existed, from the divided responsibility of the Government in reference to native matters. We did not absolutely request him to take any step, virtually, or in any way ; but bis Excellency did, upon the receipt of that document, at once write to the Home Government stating tiiat he had established those relations with his responsible advisers, which were intimated as necessary by the House in 18G1, and which were evidently pointed to in the memorandum from the Government. The Native Secretary’s office was then swept on one side, tlie assistant secretary becoming a subordinate officer of the Native Minister ; and practically, to all intents and purposes, until the next meeting of the Assembly, responsible Government in Native Affairs was acted. Hut at the next meeting of the Assembly, whether it was one of those instances—he would not call it of temporary insanity, but would say—of temporary hallncinanation of the House, induced it to merge its usual wisdom—whether from motives of prudence or economy, or from a chivalrous generosity that led honorable members to desire that his Excellency should have the power himself to settle the great task lie.had taken in hand—die House did then recede from the position which it had taken up, and did disclaim its desire for responsible government as concerned tlie natives, for the time. The Duke of Newcastle appears to have been in some degree, puzzled by the action taken by the House in tin’s matter; although he was not apparently in any difficulty as to the course which he would take. His Grace addressed to his Excellency a despatch, from which the following is an extract;— “ The colonists having consistently claimed from the Home Government by the different methods in which it was possible to make such a claim, that it should cease to manage native affairs, and (what is still more important) having refused to render that management possible, winch under responsible government was at any rate most difficult, the Home Government has resigned that function. This relinquishment does not require tlie assent of the colonists to make it effectual. It is completed by the act of the Home Government which (in conformity with a request which it is now too late to recall), no longer requires of you to take personal charge of the Native Secretary’s department. ]f yon resume or retain personal control of that-department, it will not be in obedience to instructions from homo, but either at the request ol the responsible ministry or under some pressing necessity occasioned by their action or inaction, and for the consequences of which therefore, the Home Government is not resnonsible.” 1

I will not say, sir, that after the transmission of (hat despatch by the Duke of Newcastle, there is no choice for (he colony whether it shall assume (lie responsibility for native affairs, although, certainly, his Grace appears to think that lie lias placed us in that position ; but I will say this—that the present Government feels, and 1 have no doubt the House feels, that whatever may have been the past views of the colony in reference to (hat question the time has now arrived when (he Home Government have, in the most liberal manner, placed enormous resources at the disposal of the Colony, which will enable it to bear that burden of responsibility which it is sought to place upon it, —that the time has now arrived when, with perfect safety to all its interests, with perfect justice, to the interests of both races, it could assume the responsibility of the administration of native affairs. I shall have, on a future dav, to move a series of resolutions by which the House, if it thinks proper, will adopt that principle ; and I trust, sir, that the result—if the House will do so—of its frankly adopting the position pointed out by the Duke of Newcastle—of the very liberal expenditure to which it has already gone, and of the still more liberal expenditure in which I have no doubt, it is prepared to involve itself, in pecuniary considerations to meet this crisis—l do hope that the result of the sacrifices so made to the Colony, and its readiness to cooperate with the Home Government, will lead to a restoration of that cordial, friendly, and paternal feeling which ought to exist, and which I am sure all lion, members will desire to see existing between the Colonial and Imperial Governments. The present Government will lose no opportunity of fostering feelings of that description ; and I trust that before long such relations will be established as will eradicate every trace of that feeling of irritation which does undoubtedly oxistat the present time.

There is one other subject in reference to the Northern Island to which I must allude—that of the Taranaki compensation. The Government feels itself in considerable difficulty with reference to this subject. The terms in which the Act of last session were drawn up were such as to lead the late Attorney-General, and also the present Attorney-Genera!, to the inevitable conclusion in which, I must confess, I fully concur—that the sum of £200,000 voted for compensation could not he expended^in simply compensating the settlers for the heavy losses they had suffered, but that the Government were bound to expend it in that way which the Act prescribed—for the permanent reinstatement of the provinee of Taranaki. The present Government feels itself bound by that Act and its terms ; and it cannot do more at present, therefore, than continue to appropriate, for the benefit of the Taranaki settlers, the interest of a sum equivalent to that which remains unexpended, as the balance of the £200,000. That we will do, making it, for the present at all events, a charge upon the General Government—paving the interest at winch the money could be raised in the London market out of the general funds. If the House wishes to do so, the time has now arrived when it can alter (he stringent terms of that Act. If (lie House thinks proper at once to hand over the £200,000 in the shape of direct compensation to the sufferers, it is a matter with which the Government lias little or no concern. £200,000 has been voted and set on one side ns a fund for Taranaki, and the precise manner in which it shall be expended is a matter of little concern to the country, and none to tiie Government, who will be prepared to carry out whatever principle (lie House may affirm. The subject may be dealt with, and perhaps the Taranaki volunteers will confer amongst themselves and with the Government with respect to it. In reference to the Middle Island, sir, the Government is well aware (hat owing to the pressure of circumstances in the present crisis of the Northern Island, the departmental wants of the Middle Island must necessarily have been much neglected. Every attempt lias been made by the late, and by the previous Government, to lessen (he evil to the minimum amount ; but I am sorry to learn from hon. members irom the Middle Island tiiat the Government had not been able to do so to them satisfaction. I intimated a few days ago, in making a statement to the Ministry, that as a temporary expedient my hon. colleague, the Postmaster-G*eneral. Mr. Gillies, would continue to reside in the Middle Island, with general executive powers, which will enable him to act in all emergencies in that Island, and, I hope, will very greatly alleviate existing difficulties. But lam well aware that this is not a sufficient solution of the question ; and the Government is prepared to lay before this House a Bill tor the establishment of a more extended governmental machinery for the Middle Island, involving the creation, by the Crown, of a Lieutenant-Governor, and the establishment of n Treasurer, a Secretary, and a Solicitor for (hat Island, after the iashion ot the machinery that was adopted by the Canadas some time ago. I will not say that I am sanguine that weshali satisfy by that means either the wishes of the Middle Island generally, or those of any particular Province. [Hear, hear, j But, if we do not do so, we are quite ready to accept from the Middle Island any proposition in reference to the relation of its Government with the General Government which may meet with the concurrence of this House. Our only object is to secure good government for the Middle Island ; for no Government can have any interest in seeing (he irritation caused in that Island, because it had no General Government at all, or oniy a very distant, one. T can only repeat that we, us the Government, shall be prepared to adopt that system which is agreeable to the majority of the Middle Island members and to this House. I t icrclore invito members of this House from the Middle Island, if they do not approve ofourscheme to consult together and prepare some other scheme which may be submitted to us. Ihere are minor matters conu -cted with the Middle Island to which I do not intend now to allude ; but if my bill of faro is a bad one, it is not becai sa I have no desire to gi\e a better feast, but simply because I have not had time to learn from hon. members what they really want. But there is, wc are informed, some necessity for an improvement in the administration of justice on the Gold Fields. Some have suggested that there should be a Court, of Appeal. But such a Court is a direct provocative to a great deal of legislation—and its proceedings are cumbrous and costly. The Government had also been informed that the increase of business in the Supreme Court had been so great that one judge could not attend to it in the Otago and Southland District, and we are inclined towards the appointment of another judge for Southland, whose duly it. shall be to make a circuit of the Gold Fields, and wiio being a Judge of the Gold Fields’ Court, may dispose ot all cases of a weightier class that may occur within his jurisdiction. Another vovj important subject irom Otago is n new set of Waste Land Regulations : and there are similar proposals as to Nelson, Hawke’s Bay, and the VVairau. These regulations have been passed by the respective Provincial Councils, and some of them very materially altered existing regulations. The general feeling is that the different Provinces should be allowed to have such regulations as they think proper, and we have no general desire whatsoever to dilcate to them that they shall sell their lands on credit or by means of deferred payments or not. Our idea simply is to refer these several sets of regulations to one committee, or to four committees if the House prefers it, and leave it to the committee to recommend what shall be done. And now, sir, I fear that I have detained tbisHouse longer than I intended, and Ihavenotsettliatexampie of action asopposed to words which I promised to set. I shall, therefore, bring this statement to a conclusion, only assuringtlioHouse that there exis'.s, so far as lam aware, upon all the subjects which are likely to fall within the scope of our administration —within the scope of our functions as his Excellency’s advisers—a perfect unanimity. We should not be hampered in action by anydoubtsordisputes amongst ourselves; but we shall be prepared at once to address ourselves vigorously, I hope—to the immediate solution of the great problem which 1 consider is the solo problem for settlement by thig House.