New Zealand Parliament.

Hawke's Bay Times, Volume XII, Issue 504, 29 August 1867, Page 1

New Zealand Parliament.

NATIVE REPRESENTATION BILL. Me M'Leait, in moving the second reading 01 this Bill, said he was aware that the subject was one winch was surrounded with considerable difficulties ; indeed, that

natives ui tills uOuuti'J IlitCi LuiCii u,t* tended with difficulty, was so well known and appreciated by honorable members, that it was hardly necessary for him to refer to it. He found that the various attempts that had been made to govern the natives to the satisfaction of the colonists had been hitherto unattended with euccess, notwithstanding the greatest desire on the part of members of that House, both in the present and past sessions, to adopt measures suitable to the requirements of the country, and more particularly to the aboriginal inhabitants of it. Yet the result has been, so far as they had gone, that they had not arrived at anything like a satisfactory termination of the difficulties which had been so long in ex-v-istcnco. This was perhaps not so much to be wondered at, because it could not be expected that, in a country inhabited by two such different races of people as the European settlers and the natives of these Islands, complete harmony should prevail during the process of colonization. In the «arly days of the colony, when the settlers placed themselves under the protection of native chiefs, or native tribes, that diffi cnlty was not so much felt. There was a ruling power in the country, and he thought the natives were entitled to a great deal of credit for the kindness they showed to the first settlers coming to these shores. It had often been remarked that the Maori race should have equal laws with, and all the privileges and rights of, Englishmen, Nothing was more common than to hear this sentiment expressed, both inside the House and out of it; but its practical application had not been sufficiently considered or realized. It might be said that this principle had, as yet, been recognised onlv in theory. Any attempt to give it effect had proved un successful. Records of those attempts were to be found in the Blue Books of the colony. It would be remembered that a

great deal of time had been taken up with what was called the Waikato Committee, with a view to discover some remedy for the evils then existing. He (Mr M’Lean) thought it would be admitted, by those who took a part in these affairs —there

were several in that House, and, among others, he might mention the honorable member for Mataura— that ad the endeavours that were made to find a remed' resulted merely in obtaining a great mass of information, which led to nothing practical. Although there were a variety of laws intended to apply to native districts, for the government of the natives, yet it

was patent to everybody that these laws had been a dead letter, lie hud been in communication with very intelligent magistrates resident in native districts, and he was not aware that they had acted on these laws relating to the management of native affairs. With the single exception of the Resident Magistrates’ Ordinance, none of the Acts were found to meet the requirements of native districts. Most ot these laws did not work, because at tintime they were introduced the native mind was not ripe to receive them. To produce them was simply throwing away time, as the natives would not endueft their application, for they were looked upon by the leading chiefs as an attempt on the part of the Gfovernment to subvert their influence and authority, which attempts they con eidered themselves, on national grounds, bound to resist. It was not diillcult for them to get their followers to adopt these views, and induce them to resist what (hey conceived to be an encroachment on their

power and authority. This led to very considerable estrangement and suspicion of the motives and intentions of the English iu this country. It would be necessary to go back to the early settlement of the colony—he meant to that time when the Gfovernment was first established—and to refer to some of the events that took place at that period. To hear the chiefs' at their camp fires, when travelling through, the country, relate those early incidents, it | would be discovered how much they felt the power of the English on questions relating to ascendency and their laws. Eirst, they would hear related the case of Maketu, of the Bay of Islands, who was the first native hanged in New Zealand bv a sentance of our courts of justice. It might be supposed that this was acquiesced in by the natives as a measure of justice, a native having atoned for his crime, of which he was found guilty by a jury, bv suffering death for haring taken another’s iuD. j.iic-oC ouu otucr cssss rclerred to by them as an interference, and not in accordance with their opinions and sentiments, which, sooner or later, they would be bound to resent. They treasured up this and other events from time to time, and they felt that if we made laws, bv which laws they could be judged, the time was not fat distant when it would be necessary in self-defence to resist, even at the sacrifice of their lives, any attempt to introduce such laws as would cause them the loss of their friends by the ignominious death of hanging. Another cause of discontent to great number of the leading chiefs was that, in frequenting our towns and settlements, they did not receive that attention which they were accustomed to receive when they were in the Position of mailers, and the principal power in the

country. By B u "-cumulation of what appeared to them serious grievances, a spirit of discontent had arisen, the results of wliieh we had experienced for several years. The difficulty was to apply some jremedy that would do away with these jcauses of discontent—causes which wore I not confined to New Zealanders alone, but

every people who co 000176 In at tney have nu voice in making the laws by which they are to be governed. It was with this view that this Bill had been brought forward. He thought that with a population of from 40,000 to 47,000 natives possessing a very largo extent of territory —about three-fourths of the North Island —paying very largely as they do to our revenue, assuming that they pay some £40,000 or £45,000 a»year, which would not be a very high calculation considering the great sources of wealth which they are possessed of—this House would agree that there was a necessity, a special necessity, for mnking the attempt at the present] time to give these people a special amount of representation. When he found such a large proportion of them fixed to the soil and possessed of considerable intelligence, such as we had seen displayed on various occasions, for it might be said that politics and war had been the history of their lives from infancy upwards, it would be a bare act of justice that this people should be admitted to the right of sending representatives to take a part in making any laws that might bo enacted for the government of the colony. One step had been taken in this direction by his honorable friend the Superintendent of Auckland, in calling tr his Executive u young chief who lived near that town. He was satisfied—having been present on a late occasion at a public dinner given to His Excellency at Auckland, and observing the free, frank, and easy manner in which this chief addressed the audience, describing his opinions with reference to the two races in a manner that impressed all who heard him—that the time had come for a measure of this kind to be introduced It was with the view of bringing this native representation about, of probing or striking at the root of existing evils as far as pos.-ible, that he submitted this measure to the House. He did not say that this would remedy the evil altogether, but he thought that the time had arrived when it was necessary to concede to this people the amount of representation asked for in tds Bill. The represeutatioa proposed was limited to three members tor the North Island ami one for the Middle island —four altogether for 47,000 natives. He thought that this ilou'O ought to use every endeavour to avert those consequences from which we have been so long suffering, and should lose ni. opporiu iry of .-l.d.ie uwuv with any of those causes of oisuifec.ion ’which have hitherto so retarded the prosperity ot this Bland. Considering the Innv, taxation that has fallen upon this colony, it was clearly time to apply some reim-dv. If honorable members of the Middle Island supposed they could escape from the consequences of the war, or that war did not affect their pecuniary affairs in the .south, iso little was known iu England of the geographical position of the iSew Zealand settlements, that if a native war was spoken of there, it might as soon be supposed to exist in Otago or Canterbury, as at Auckland or Taranaki. Such is the information among the mas-es at home, that war in any part of New Zealand would have a depressing effect upon the whole colony. Ho did therefore hops, in the interests of the native people—a highly interesting race of people, w,.0 have f ugh't us in polities and war for Seven years—that we shoEld make an endeavour to do lor them what has been successfully done for other people, and give them a voice in the administration of the colony, and make them 100 l that they have a voice in (he management of public affairs. Lot them have the wholesome excitement resulting Irom freedom ot election to replace the excitement of war. He believed this could easily bo done. He thought that this House would have reason hereafter to feel satisfied that it had preserved from oblivion the elements of mind of a moat interesting race of people, records of which | would bo louud on the pages of its | Journals aud Proceedings,” and it would ;bo a proud tiling to have recorded, by the iuture historian of New Zealand, that the Anglo-Saxon race in this colony hud extended to its aborginal inhabitants the highest privi.ege which it could confer, namely, a participation in the Legislature ; aud this would be, in a great measure, secured by the representation now sought Mr Carleton had louud some difficulty in making up his mind in regard to this subject, because as a general rule be objected to any special legislation fur the native race. Neither did he think, so far he’SStew, that it was their H,<,t there should be any special legislation on their account, He though! Unit their desire was rather to east their Jot in with the Europeans, to be g ivonu-d by precisely the same laws, and to enjoy the same priviliges and immunities. He would be very likely told that this was a special case, aud that the preamble of the Bill itself suliiced to intimate the special dia.culties which occutred in dealing with the matter of native representation. But be thought that the preamble over st non the case. He knew that the natives were, under the “ Native Lands Act, 1865,” taking up their Crown grants as fast as , possible, and the moment a native touched 1 his Crown grant, he became just as privi- ■ !, lged as any European. He had never 1 been able to satisfy himself entirely about

the difficulty that had been raised by the! law officers of the Crown in the matter of 1 native franchise ; but he believed this, that although the possession of land under ! a Maori title might possibly not give a ! ireenoiu vote, a iiousc Upon it would give 1 a household qualification. Without rals- ■ > n g that question, hoivever, which with his imperfect knowledge r.f 1- — >,- j;j Iccl himself capaVlc "of dismissing. Im would 1 take his stand upon this, that the natives were placing themselves in the same posii tion with ourselves as quickly as possible. 1 .Nevertheless, he would be unwilling to oppose the Bill, and laying aside the general principle on which he acted, he was • willing that a beginning should be made. 1 In the session of 1858 he drew up a memorandum concerning the native franchise, which he sent in.to the Government at the 1 time, and it would be found reprinted in 1 the blue book of iB6O. He then took a very different part from that which he was - now taking, but for very different reasons, ■ and for one reason especially which was no longer in force. At that time the mau- . ageuiont of native affairs had not been banded over to a responsible Government, the power of managing the natives was i centred in the Governor, and upon that he 1 voted as he then did. He would read the : paragraph of the memorandum which bore : upon this subject:— “ A very serious consideration arises i from the peculiar position of the Governor, in regard to the natives. The practical result of a mixture of native members -' u the Assembly would be to invest the Governor with almost despotic authority, * notwithstanding responsible government. ; The only remaining check upon the Go- ■, vernor would bo the Legislative Council, who have themselves been nominated by the Crown. His influence with native members in tho House would be para--1 mount, because of the large powers retained by him in the management of! native affairs. 'By means of the votes of i the native members, he could oust any Ministry that differed from him iu opinion j and replace them by snch as, for the name of office, might be willing to obey.” That, he thought, would bo admitted by 1 s tne House to have been a serious objec- : - tion at that time ; but since the adminis- ; ' tration of native alfairs had been handed over to the responsible advisers, he thought unwisely, and had always thought so. Tue fact, however, remained' that it had been done, and must be treated as an accom- < plished fact. He would give his vote for ; the Bill, but he was desirous at the same time ot asking the honorable gentleman who brought it in to explain in reply o> e matter tfiat seemed doubtful. Clause 5 slated ;

“ .Every Maori Inhabitant of any native district cunsliluied by this Act being a male adult of sound mind who shall not have been convicted of any treason or felony shall be entitled to vote at tiie election ufj the member of the House of Representa-i lives for such native electoral districts.” | Now, ha would refer back, for the sake, of illustration, to his own district, in' which a good many natives had taken outl Crown grants, under which they claimed j their votes in the ordinary way, under the 1 Constitution Act. He wished to know! whether tho native who already had a vote would be deprived of it under this! Bill, and be obliged to change it for another : or whether he would bo allowed to oxciciso two voles, one under the extistLg electoral law, and one under the proposed law. If the House chose to giant the natives a double vote, he bad no objection to it; hut he would like to hear an explanation of the matter from the lion, her in charge of the Bill, or that he would put his Bill into such a shape as to settle the question.