King Country Chronicle Wednesday, April 24th, 1912. PROTECTING THE NATIVES.

King Country Chronicle, Volume VI, Issue 459, 24 April 1912, Page 4

King Country Chronicle Wednesday, April 24th, 1912. PROTECTING THE NATIVES.

From time to time in New Zealand we have the experience of listening to the opinions of more or less eminent persons, who have ideas on the native question. One o<! the most important personages, whose influence and opinions count for much, is the Chief Jutice of the Dominion. Last week, in delivering judgment on a case the Chief Justice delivered himself as follows: —

"The hißtory of the law of New Zealand since the very firai; Act that deals with the plans of the aborigines has been to protect the natives against disposing of their lands without due consideration. Various modes of protection have been adopted. Though grants from the Crown have been made to the natives, these grants have only in nre instances been grants in fee simple. Conditions, either in the grants themselves or by statute, have almost always been imposed. In fact, there was ever a shadow, so to speak, of their customary rights cast over their lands. They could never alienate their lands at their own will by documents. The reasons for such legislation are apparent to everyone who knows aught of native ways. The aborigines have neither the foresight nor the business ability of the white race, and to have given them freedom in disposing uf their patrimony would have meant that they would soon have been left landless. They had more need of control than many of the white race who are infants in the eye of the law. Further, the powerß that the statutes have given to aet aside wills and to award lands to successors, according to Maori customs, show that the natives have never been treated as owners in fee simple." The fact that such a prominent person as Sir Robert Stout holds such opinions, and that the legislature has acted in the manner referred to by him need not dismay others who feel prompted to hold different views. Could it be proved that the methods, which are presumably quoted as a final and convincing argument, had resulted in conspicuous succesß, both in the interests of-the natives and of the country at large, due weight might attach to the Chief Justice's outburst. It will take much more than the'simple statement of any person to convince a large section of tha native race, and a still larger section of the European community, that the methods adopted in the past have been tho beat that could possibly have been conceived. Tho very fact that the difficulties to-day attaching to the native and his lands are almost as acut9 as they were twenty-five years ago is a striking offset to the glib assumption that the legislative methods were perfect, or even justifiable. The assumption is farther offset by the knowledge that any improvement which lias been effected has resulted from the lightening of the embargo which ancient !cgi:-i:i-tivc methods decreed should enshroud the native and his land.;. The emin-

ently logical assumption, in view of past results, i- that in the entire re- ! inoval of the embargo, and the eman- ' cipation of the Maori from the galling restriction* im| used by the legislature, rest- the natives' hope 01. salvation. liven a vicarious salvation is unattainable without some ellort, asl the only salvation worth having is thai, which is achieved through individual and collective effort, inspired and directed by the untrammelled initiative of Ihe people most concerned. To reach the desired goal such effort must be sustained through the. trials and vicissitudes common io individuals and peonh s with whom we are associate.:. The measure ol opportunity tha:. has been aia'orded ihe Maori to exercise Iris initiative anil acquire self relian-e is disclosed by the. faeis set forth by ihe iTiicf dus- j tice. We have. fvenuciitlv urged this aspect of the cas-. which is of inlin- \ itely greater importance to the Mann j than the conservation of lands which ; are expectui to confer untold, benefits on a future generation. Tho weakness oi sucti a supposition is that the : methods pursued have sacrificed the- j ethical to the material. Self vloianco |

and integrity have not been encouraged in the native, and the generation which it is fondly hoped will reap material hem-fit from the land will lie a decadent remnant of a once

fine rare. Th.-if. unmc glimmering of thifi niu.'t have filtered through to the legislative nniierptunding is indicated, hy the fact that lnwa were paSßed providing H or the acquisition of native lands hy Kuropeans under certain conditions. Theuo laws havo proved of immense benefit, (o the Maoris and to the country in general, inasmuch as they havo accelerated settlement, and added to the producing power of the Dominion, while they havo provided the native in many instances with the power to work individually, and live a self reliant life. Arguments could he multiplied in favour of the ahoiition of special legislation as applied to the Maori, and we trust the new legislature will apply the seeing cyo and the understanding heart to the question, with a wider outlook and a greater understanding of the real needs of the Maori than his been exercised in the past. One opinion which should be sedulously disregarded is that of the Chief Justice". As leader of a past legislature he may fairly bo held responsible for a proportion of the legislation which has achieved sd little towards benefitting the Maori, and has operated so disastrously against the best interests of the native and the country in general.