NEW ZEALAND

Hawke's Bay Times, Volume IV, Issue 202, 25 November 1864, Page 2

NEW ZEALAND

(From the Westminster Review.)

("Continuedfrom our lastJ

The motives by which the Xing party were actuated are succinctly given in the following extracts from a despatch written by Governor Grey to the Secretary of State for the Colonies, contained among the papers laid on the table of the New Zealand House of .Representatives, just now received from the colony :

"The natives allege, hi reference to their disputes hefoic the war, that these arose from a native assessor of the Crown, whilst trying to meet the wishes of the Government n obtaining land for the Europeans, having, with some of his people, been treacherously slain by some natives. They go on to slate, that in this amt similar instances, especially of land disputes, they in vain besought the Government to take some steps for establishing law and order in the country, and for affording protection to life and property amongst the native race. That their appeals were treated' with indifference. That at last many of them arrived at the settled cmviction that the Government intended to let them destroy one another, either to get rid of them or to obtain their lands. ■ That it was their anxiety to save themselves from such calamities that at length induced many of their leading men, as a last resource, to join in the attempt to sot tip a national government, which might afford them that protection from the violence of their own. race which they had in vain sought from the Queen’s Government; and that if the settlers suffered, together with the natives, from such a state of anarchy as Ministers describe, that the settlors, as well as the natives, should refer their miseries to the true cause—the apathy and indifference, or the weakness, of the Government.”

"It is further to he observed, that the natives declare that they did not take up arms to prohibit the alienation of territory to the Crown, or to maintain any seiguonal rights. They rest their justification for entering into the general conspiracy, which was undoubtedly formed throughout the Island, by declaring that it was a struggle for house and home. Especially- on the East Coast the natives have stated this to the Governor: adding, that various similar incomplete purchases of land had been made in their district from natives who had only a qualilled claim to such lands; and that the almost universal belief of the native race was, that a new system of taking lauds was to be established, and that if they did not succeed, by a general and combined resistance, in preventing their houses and lauds being taken by the Government from the natives of the Waitara, they would have been each in their turn daspoiled in detail of their lands.”

We now reach the eventful period of the land quarrel at the Waitara; in considering which, it is necessary to set aside both the land-league ahd the Xing movement, with neither of which was it in any way connected ; though strenuous endeavours were made, at a time when the proceedings of the Government were being severely scrutinized, to confuse it with them. Indeed, it is only of late that the main question lias become somewhat cleared of the enormous masses of rubbish with which it has been purposely overlaid. It is enough' to say that Te Xangitake, better known as William Xing, the chief of Waitara, had refused to receive Potatau’s flag‘when U was sent down to Taranaki; It is true that after his forcible ejectment and the declaration of martial law, he and his tribe did place their lands under charge of the land leaguers, aud join the Xing, for the sake of the Waikato alliance. Put this, of course, in no way af- : fects the prior question, viz,, whether wo were or were not justified in taking military occupation of the Waitara.

It is not our purpose, in this • article; either to offer a; history of the war, or $o argue the question of its origin; for .the. letter .qas.jmen, .already settled, in the raosfpradfica! and ' decisive manner, by the restoration of the Ipnd to the Ngatiawa

tribe. The task which wo have prescribed to ourselves is simply to show the unhappy result of that great original error in colonization—the Government monopoly of the land-trade, by which policy” was reduced to a scheme for buying cheap and selling dear; and the Governor, who should have been looked up to by both races as mediator in disputes, lowered to the position of head of a firm. Still, it may bo useful to indicate some leading points which may save labour to those who desire to learn more, enabling them to cast aside what is irrelevant in the huge pile of correspondence, despatches, and “ able memoranda,” which has been accumulated. Having ourselves been obliged to master them, we can only liken the work to forcing a passage through the Sargasso of the Atlantic —the sea of weeds. “ The Waitara,” (wo copy Swainson’s description) “ a fertile, open district, watered by a small river, ten miles to the north of the town, and navigable at high water by small coasting craft, was the locality which, in the first instance, was fixed upon for the site of the settlement; aud it was represented by the surveyor to the New Plymouth Company, by whom the settlement was originally founded, that if they were deprived of that river, they would lose the only harbour in ttie neighbourhood, and the most valuable district for agriculture. But this much-coveted spot was not to be obtained from its native owners; so the Company were compelled, with great reluctance, to lay . out the town upon a much less eligible site ; and for uearlv twenty years the open land, at the Waitara has, with the Taranaki settlers, been an object of almost passionate desire;” ’ 1 As Taranaki is the garden of New Zealand, so is Waitara the garden of Taranaki. Tlio natives had a deep-rooted regard for the spot. The father of the present chief, on his death-bed had exacted a promise fromhis.sou never to sell the land. The feeling about it was much the same as would be that of'an English proprietor of siheesstal acres, whose pleasure-grounds were invaded by a railway company. But Naboth’s vineyard, as the Maori called it, was fated never to remain long unsought. The New Plymouth settlers, “ cabined, cribbed, confined” within the limits of a few thousand acres, certainly did put pressure on the Governor, though not, by his own account, of a very stringent nature ; for he reports that “ although the greater part, and all the most respectable settlers, have abstained from expressing discontent, individuals have from time to time, by letters in the newspapers and otherwise, shown a strong desire to expel the natives, and take possession of the lands, to which they consider themselves entitled; in right of the original New Zealand Company’s purchase.” We are unable to say whether the opinion of the Taranaki Provincial Council is to be taken as a fair representation of the opinion of the province, for that in New Zealand is far from being a matter of course ; but they laid themselves fairly open to the reproof which they received from the Governor. It being supposed that some individual members of the tribe, having a special interest in particular portions of the land, might be induced to sell, the Council memorialized the General Assembly, urging the expediency of setting aside the tribal right; expressing their opinion that such of the natives as were willing to dispose of their proportion of any common land to the Government should be permitted to do so ; and that the Government should compel an equitable division of such common land amongst the respective claimants, on the petition of a certain proportion of them. And they added their opinion that “no danger of a war between the Government and the natives need be apprehended from the prosecution of a vigorous policy, inasmuch as a large proportion of the natives themselves would cordially support it, and the remainder wouln, from the smallness of their number, be incapable of oliering an effectual resistance.” But the suggestion received no countenance at that time, either from the Government or the Assembly : on the contrary, “ I will never,” wrote tho Governor, “ permit land to be taken without the consent of those to whom it belongs ; nor will I interfere to compel an equitable division of common land amongst the respective claimants. This decision is not less one of expediency than of justice, for the whole of the Maori race maintain the right of the minority to prevent tho sale of land held in common, with the utmost jealousy. WiKingi has no sort of influence with me or the Colonial Government. We believe him to be an infamous character ; but I will not permit the purchase of land over which he has any right without his consent.” It is scarcely worth while to notice the Governor’s mistaken impression in regard to William King—who in former tunes had save the town of Wellington from Rangihacta, and had been throughout a loyal subject of the Queen —except ing in so far as it enhances the value of the declaration, which was in good policy, and was also good Maori law.

The Governor’s comments upon the memorial ■were written in 1858. Early in the following year he visited Taranalii. At this time ho had adopted a ‘-‘new policy that of recognizing no right in the tribe, or in the chiefs, and of allowing no claim but that of the individual holders. It must be presumed that there was some connecting link in his own mind between tbe old practice and the new ; but the nature of it cannot be clearly ascertained from official papers. We believe, however (although this docs not quite supply the missing link), that he believed the rights and powers of Maori chieftain ship to have devolved upon the Governor, when sovereignty was assumed by treaty in 1840 ; and that consequently, in any dispute about the ownership of land, he had authority to decide between the rival claimants. There being no court of law with jurisdiction in such matters, and no wrong without a remedy, it would follow that right must be done by the Crown. It is possible that this dcotrino, though involving some confusion of ideas, might be implied from tbe English version of the treaty ; but in the Maori version it is expressly provided against.* Nor

must it be forgotten that the Governor, being at the same time head of the Land Purchase Department, would in his own court, as Mr. Clarke observes, “hold the anomalous position of prosecutor, judge, jury, and executioner.” “ Women and land,” say the natives, “are the destroyers of men-;” and never was the proverb more fully exemplified than in the present instance. There had been a long-standing grudge between William King, tho chief of Waitara, and another of the same hupu, Te Toira (Taylor) by name. Teira took advantage of a meeting at which tho Governor was present to offer a piece of land for sale, declaring’: himself and friends to be the owners. The Governor having consented to buy, conditionally, on proof of ownership, Toira placed a pamwai, (bordered mat) at the Governor’s feet. There is something about this theatrical demonstration which we are unable to understand. The ceremony, according to official statements, placed Teira’s land in the hands of the Governor. We doubt the existence of any such custom, aud know that it has been enquired for without success. Yet stress was afterwards laid upon King’s neglect to take away the mat. He simply told the Governor that Waitara was in his hands ; that he would not let it go : and abrubtly left the meeting. There has been much wordy warfare, in print and in debate, about the* nature of the mana, (influence) of a chief, in virtue of which, it has been alleged that King vetoed the sale. Infinite pains have been taken to prove that the chief could not esiercise any “ marorialright” over the common land. The labor is lost, for King did not pretend to do so. lie spoke as the mouthpiece of the com-munity,-as the guardian, of those who had not cosentecl to the rule—residents and absentees.

The opposition was steadfastly maintained ; so was the Governor’s purpose. After the lapse of some months the District Commissioner called a meeting to witness the payment of the first instalment of the purchase-money. Out of the proceedings of this meeting arose a fatal misconception, to which much of the strong feeling of the war-party'is to be attributed, and, not impossibly, the very war itself. King was present. The Commissioner reported to the Government that lie had put the question to him, “Does the land belong to Teira and party?” that King has replied, “Yes, the land is theirs, but I will not let them sell it.” This was too much for the temper of the colonists, ami caused some to side with the Governor, who afterwards, on maturer consideration, to withdraw their support. For the expression, had even os reported, would not mean that the land was theirs in fee-simple, there being no such title known, but that as cultivators they had a usufructuary right. Some while afterwards, however, it became known, though too late to be of use, that no such admission had been made at all. Important words, giving an opposite character to tho phrase, had been omitted. The land is theirs, and ours, said King, ho matou katoa kohi.

The Gov mor consulted his executive. The Executive Council, in Sew Zealand differs essentially from (he Cabinet, (the ministers responsible to the house), though the two are identical in personality. The Council, constituted by law, dates from the foundation of the Colony. The Governor is bound to consult his Executive, but not necessarily, to follow their counsel. They, on their part, are bound by law to give it. The Cabinet, advises—that is to say, directs the Governor, in virtue of what is no more than an honorable understanding, entered into when Parliamentary Government was conceded But the Governor had been left supreme in native matters ; the Cabinet could not interfere ; and a curious casuistical question remained, whether the Council, composed of the same officers, had not been freed, by the terms of the arrangement, from the duty of offering an opinion. It was a question of conscience: the ministry thought that the executive function remained imperative, and that it would be“unchivalrous” to desert the Governor., Also they themselves were willing to cooperate. A survey of tho debatoahle land was resolved upon ; the Governor was recommended to protect the surveying party by military force ; to empower tho commanding officer to proclaim martial law, and to instruct him to maintain possession. The survey was accordingly attempted, but without success. The manner of its hindrance was characteristic. The chiefs, keeping a body of men concealed in reserve directed the old women to kiss the surveyors and theodolites off the ground. Half-stifled with the warmth of welcome, the men of chains were fain to beat an inglorious retreat. Thereupon was martiallaw proclaimed and u manifesto published, declaring that i'e Teira’s title had been investigated and found good ; that it was not disputed by anyone; that payment for (he land (£(!00) had been received by Te Teira ; all of which statements were subsequently found incorrect; and that tho land now belonged to the Queen. The troops or their native allies destroyed the homesteads of King and his people, burning their pah, driving away the occupants, and killing the cattle. The manifesto, as wo have already observed,

was replete with misstatement. Yet only per invariant ; for Governor Browne was the last man to have knowingly sanctioned the slightest deviation from fact, lie was unlucky in his choice of agents ; took too much upon trust, and was too reserved to go among the natives and learn for himself. Neither can he be justly held responsible for more than one of the errors connected with the declaration of martial law. But this notable document was made the subject of unsparing criticism in the House. For it had been proclaimed in absence of the Governor, having been left, by a virtual delegation of power, in discretionary charge of the military officer in command at New Plymouth, and was wrong-dated besides. These, however, were questions of form, of small moment in comparison with two material errors in the Maori translation, which declared it to'.be in force, not as against Ngatiawa, but against the Taranakis, a tribe with whom we were then at peace. It also informed the Taranakis that “ the low of fighting was proclaimed to which the Maori response would naturally be—“ Very good ; let us> have it out.”

In these and the subsequent proceedings, the ministry had given to the Governor their cordial support -, and, in the opinion of many, had involved themselves far more than was advisable. For war is an expensive pleasure ; and some of the more far-sighted of the colonists were already considering the payment of the bill. For a dim perception was begining to arise, that the Home Government, when hard-pressed in Committee of Supply, might dispute the conclusion which had been so confidently arrived at-du New Zealand—that a land-quarrel was an Imperial war, unless it could be most, clearly shown that the Colonial Government were in no wise implicated. Not that tnc Governor had ever shown the slightest disposition to shift any portion of the responsibility, a proceeding which would have been utterly foreign to his known character; but the ministry were supposed to have been meddlesome overmuch, and to have afforded a plea for raising a financial question against the colony. Awkward facts were, moreover, begining to emerge. Few of the settlers had been at first well-informed as to the merits of the ease ; and some, who had come to a hasty conclusion on the strength of statements published by authority, were already showing signs of recantation. For there were many who had but a single object—that right should be done, wherever right might lie. Ibe Assembly met. It soon became apparent that the war party were predominant; strong in the Legislative Council; comparatively weak in the House of Representatives, but very determined, and, as colonial majorities are wont to be, somewhat tyrannical. But the composition of it is remarkable, as affording a complete and decisive answer to (he supposition—entirely gratuit ous—that the settlers had put pressure on the Governor, driving him into a war, in order that contractors might profit by commissariat expenditure. The great majority of those members whose constituents might have profited by increased expenditure in the Northern Island were opposed to the Governor’s policy ; while the members for the other island, where not an additional shilling was to be made, supported that policy, though conscious that they were loading their own provinces with a heavy weight of debt. At the very commencement of the session, a select committee of inquiry was moved for. At first the ministry offered no opposition ; on the contrary, they were profuse of assertion that they courted inquiry. But during the course of debate in which much more came to light than had been expected, they seem to have felt doubt fid about the result. Unable, after the expressions they bad used, to meet the question by a direct negative, they suggested a very strange compromise—that only two persons, both selected by the Government, should bo summoned to give evidence ; one on each side of the question. The proposal being rejected, it was formally moved by way of amendment, and carried. It would have been better for the ministry, having a clear though small majority at their buck, negatived the original on the ground that inquiry would be, in their opinion, prejudicial to the public service; for the evasion of it was so much resented that ultimately it cost them office. They managed, however, to weather that session, defeating a vote of want of confidence by a majority of one. In the following session, the first of a new Parliament, they were in their turn similarly defeated, though only by a combination ; for the peace party wore still in'the minority. It is a curious fact, that every ministerial crisis in the colony has been decided by a majority of one : so evenly have parties been divided throughout. The war was carried on with varying fortune, until receipt of a despatch informing the Governor that the Secretary of State for the Colonies—while thinking it indispensable that severe punishment should be exacted on account ol the unprovoked murders committed by the tribes south of New Plymouth [iSgatiruauui and Taranaki] —would learn with satisfaction that William Ring bad been induced to make such submission as would enable the Governor to accommodate his quarrel with him without danger to the British supremacy. Accordingly, the head of the Native Laud Purchase Department was sent to hear what terms the insurgents had to offer. He had a meeting with the ehiet of Ngatihaua William Thompson Tarapipipi, the king-maker, who had cornu down from Waikato as a mediator. But no conclusive understanding was arrived at. An interview, however, took place between Thompson and Ring, in presence of the Waitara natives, and the leading men of the Waikato and Ngatmmnui, at which it was agreed that the subject of dispute—the land at Waitara, and the question of peace or war, should bo left to the decision of Thompson. At once, with Spartan brevity, bo gave his orders : Waikato, return homo. TeAtiawa! To Ngatihaua. Ngatiruanui! Home.

Let the soldiers return to New Pljmauth As for the Wuitara, leave it lor the law to protect The command was forthwith obeyed.

Shortly afterwards, the Governor arrived. King, indisposed to meet him, retired inland with a number of his people. The Governor’s ,terms were accepted by the remnant who remained; the first articlo'being as follows The investigation of the title, and the survey of the land at Waitara, to be continued without interruption.” It is worthy of notice, that when the report of the investigation, so far as it should have been at that period carried out, was moved forjin the House, the Government were unable to produce it. ’ ts. Thus did the war come apparently/ to an end, as usual in New Zealand, without any decided advantage on either side. It was not peace, but a cessation of hostilities; and in the opinion of many of even those who had been pr*minent in native advocacy, the greatest mistake of all. The peace party, repudiating the title of “ peace at any price,” had come into power. They, in their turn, defeated a motion of want of confidence, by a majority of one. Shortly afterwards, the Assembly being still in session, a telegram from England reached the colony, which°was read—■“ Governor re-appointed.” But when tho regular mail came in, it was found that two letters—a <? and a y —had been accidently omitted. Governor Browne received a despatch highly complimentary, but informing him that Her Majesty’s Government were about to avail themselves of the peculiar qualifications and experience of Sir George Grey, then at the Cape of Good Hope. Governor Browne left New Zealand, bearing with him the respect, and good wishes of opponents and supporters alike. Governor Grey had a harder task before him than was anticipated in England. It had been expected that the personal influence which he was supposed to have acquired over the natives would enable him to bring them to reasonable terms ; and he seemed at first to be himself of the same opinion. But he was warned at tho outset that he would find an essential change in tha native mind—that they would stop their ears to the voice of the charmer—that his “mana” was gone. The Maori made a greater stride in knowledge than in civilization, bringing them up to the most dangerous stage for any people—that of unregulated progress. They had become thoroughly intractable ; knowing that our promises had not been kept—that nothing of a substantial nature had ever yet been done for them by tho Government they had resolved to put no further trust in Europeans, but to think and act for themselves. It soon became clear that Governor Grey could do no more than any other clever and prudent man could do in his place. But no more was expected by the colonists, who showed themselves almost unanimously ready te give him willing support. For it happened that those among them who had the most strenuously opposed him during his former term of office, belonged (wo think with only one exception) to the peace party ; and with one accord subordinated all past grievances to the common object. For it was already no secret that the “ new policy” was to be reversed.

Governor Grey forthwith proceeded to enquire for himself, and was not long in discovering that the statements on which the minority in the House had based their demand for inquiry were substantially correct. Once satisfied as to that, one course of action only remained—to restore tho aitara, to place himself rectus in cu-rid, and then fodeal;with the remaining questions tnccord ing to the exigencies of the moment. In this he was eventually supported by the responsible Government, among whom were two who had strongly advocated the military occupation of the disputed block. (To be Continued).