THE DUTIES OF CIVILIZED TO UNCIVILIZED RACES.

Lyttelton Times, Volume XI, Issue 651, 2 February 1859, Page 3

THE DUTIES OF CIVILIZED TO UNCIVILIZED RACES.

(From ; the,'Economist.') .' We may ■■ say,' without. either i false. presumption for,the;mother* country ,or blame to our colonial government,,; that it is not very, common for the 'deeper questions- of European politics. to receive much new light and illustration from the ability, of jour colonial statesmen.,/ There, is/however/one of /our.smallest, though/ ript brie of bur least important colonies, in which!a:kn,ot,of,statesmen-are.installed,, whose^firiririess, breadth, andsagacityof mind would ?do credit/to the imperial .Govern rneiit itself. I It has ' often,been anticipated that the three islands!of New Zealand, which ;lie very nearly at the antipodes of Great; Britain;.will"becpme the/centre of an empire, bearing much the .same.relation! tp the South Pacific/ which the', .Uriiteclf Kingdprii bears to. the.North Atlantic.. However this may be,-^-arid the sudden and wonderful growth of the; Australian colonies renders any such preponderance in the "politicaf importance ■of these, little: islands 'a contingency-'sufficiently '—.there :" is; no one of • the English .Colonial(Governments,that'is/at present administered by;a..stronger, wiser/ and more truly states-fnan.like-ministry)than that of New-■ Zealand; At the; present, moment,. when | the one. great political I [problem Pf. the..Western"! world iis; how. best to bring .about what can no longer bej avoided-^-the fusion of Western ciyilizatipii with the half-.civilization of many Oriental.countries, and the .utter .barbarism of 'others—we doubt if .there", be any English, statesman, /capable of graspirig:fhe/true bearings/of this ques-1 .tiori/branybrarich of it withiiripre deep'arid/com-/ 'prehensiye's'agapity than has just been displayed in •tjie treatirierit -of J the "native" difficulty ih'the little ' 'Legislative Assembly of New Zealand, We need jnpt apologize for calling bur. readers' attention .to 4fie reniarkable speech in which this riiatter has been /brought forward there, though' it be brie of the -j 'spmllest and most, distant;of our colonies; r for the/ •question itself,-under other -aspects/arid iii rijodified; •fprms, is- forced :uppri our 'attention/ every week; i „ Only quite lately-'we- commented*oh the petitions iri; which-the'first•commprciaIJn6iis'es of Loridori arid . 'Marichester^had/r^qUestM'ari'linperial'sarictibri for the' great •.feorki initiated by Rajah Brooke among the barbarians of Borneo. Again, the recent discus.^s^bn.pn the, rights^of/the,Hudson's Bay Company /in British/;Gqlunjbia brought up the; obligations /uri(;der which we stand to the • native Indians of that /gfeat ; djstricti,.; What, moreover, is the difficult "East; question itself but- a ; discussion of the ("principles -which should regulate, the relations between a highly civilizedGovernmentarid "a semi-civilized arid Pagan group of.subj.e'ctjdriierital nations ? ; What t isj the' ChinesP/negptiafiori;hut a lithitatiori of the .; same' great problem tP the comparatively minor, .ends which are alone attainable by. international ' diplomacy ? Arid what, finally; is the most intricate issue of even strictly European politics, but the questiori how far we ought to'respect, and how far to1 disturb and modify-by external influences, the ,half-barbarpus. system of- Mahometan Government?" v '*' '' '''

; We need offer no apology, ,then; for calling attentipnj to^ the,masterly;treatment;,of, the "native" ■ questionin/New, Zealand^/by the, Cplpnial Treasurer. of tlie .vigorous/','Staffprd-Sewell" administration/;' Mr.- C. L W: Richriiorid,^^as?rep/ortedlri the latest New ' Zealand and copied Zinto the columns of at. deast one leading :; cotitemppraryi;; It will ibe'found. ;that -the.prihcipleZs sketched out in that speech have, /an application'far' wider arid;riiore.iinpprtarit for its Eriglislv readers than the case for the 'elucidation of which they !were; laid down, and.-* that- much which' .z apparently;.[ only,to,,the- ; relation^.-.between, the ZMapries;and,Zthe British, Government of Ne,w, ;^eai^rid, lias:,a /mpst/ins'tructiye bearing/ on the ,duties!"of. Eriglish" Governriibnts, not merely to bar'bariarislwho. maybe as ignorant as the Maorie,s: —as, for instance, .the ;Dyaks pf Bornep, or the Kaffirs of, the Cape-TT-but to tribes,as near the limits of; modern .civilization a's'theZ Rajpoots arid; the Mahrattas of. .Hiridostari.'--' r' ' y:- '-: ■' ';: ''-'': ' '-' -'-5 i"[ '' -"''

' The native question was.forced ori the Colonial .'Government.of New.Zealand-hylth.e importunity.of ■the I Maories -themselves, who besiege, ;the British Government'on, all 'sides/ with requests for some organization' of the British- principles of 'justice arid ' admiriistrafioii within their own native. regi oh. -Hitherto^ np i; policy, had.been, definitely. adopted," defining the relations ofl the native, chiefs and, ( their decrees to British rule. * 'During the Government of Sir VGebrge1 Grey1 this question'had been "rather } deferred than determined. A court of justice had been, in stitutedj with the/ co-operation .of ' > sNatiye. '. Assessors," of. which natives. might and sometimes [did avail themselves in' settling disputes .'amongst' 'themselves,'arid''' very much oftetier in settling disputes between themselves and European immigrants.* - But' the cases in; which bo.th : the; parties' to proceed--Ings/ in this, court were natives . have varied., from about '■' thirty to sixty 'a-year, /while the/;great majority of "their disputes have"-been settled by tlie: old'arid summary methods, of barbarous tribes. The.cpurt was, in many; respects,/unsuited;tp, native; habUs,;and no other institution.had been attempted' for the purpose of introducing British customs and principles among 'the/native tribes! It wasclear, from-the'impprtunities of' the- natives themselves,' that sortie more comprehensive system—some general policy/in short, towards the n.atiyes-^niust at length be deterained 'on.'' ''. Accordingly,''the 'alternatives were—first, to retrace the few steps taken by Sir ; George Grey in the-direction of rnbulding the natives 't& civilized laws ( and custprhs, and to legalize the : ■native, customs,.and, laws, however, rude;..as, the, , standard of justice ahd/rigfit between natives;' or relse, 7 'secondly,' f to introduce; forcibly .a general European system of law, and to compel the native tribes to submit to;the diseipline:so introduced ; or, lastly,, to adopt heartily, and ,6n ta . large scale, the policy that'had/..already been ''.faintly/initiated, inducing tlie i; natives to "adopt gradually for themselves the principies-ofJEnglish justice and administration, i The first; alternative [would have.-legalized and stereotyped the: native; barbarism; the second would be.most. unjust, to'the poor ignorant creatures/thus suddenly rendered amenable to a system of equity; they could not understand, and would,.moreover, be,-iirippssiblejtp introduce, without an overwhelming physical, force; the : last, alone is', at once just' arid feasible.' ""

Now; before ;we go, On to describe the way in which the: Colonial' Government- of New Zealand •■ proposes to act in,'this matter,.let,lis,call attention to'the close analogy between the problem before the,, Government of New Zealand arid "fHat before the Government of British India/No doubt the Hindoo and' Mahometan civilization, to which,-low as it/is,, we have rightly; conformed in , some pur British system in India, is far.above the barbaric society of the Ns w Zealand races. : Still the obstructions" have been exactly of the same kind, arid, iri some respects, from having the sanction of a venerable^ superstition, are much: more tenacious and deeply rooted. Heathen, and we may say even, savage, customs, the fruits of. a miserable idolatry, and of' caste; tyranny,'linger still in,lndia;: robbery (or dacoitee) is a kindpf institution: sensual feasts, and a wholesale infanticide, are not yet uprooted in :mdhy provinces • the question with the English Government has everbeen the same, how best to suppress, or rather how to'win the cooperation of the natioes in suppressing, social traditions so fatal to all social;progress.!. Should we' attempt, first, to enlist their coroperatidnin legislative,changes, in administrative action, or in both?; The;question-before, the Now''Zealand' Gov.ernirieTit is exactly the' samei in kind',: arid' different* only, ihdegre'e. 'Nothing could be' effectually 'done! either' there/or /in India except by native sanction, the. natives in; the, Nprthejn Island of, New /Zealand, being,still,-far more.numer.■oua than'the Europeans, Now, what has been the,. main1 idea/of the'Cdlbriial Goverriment at Aucklahd? '.We cannot, better state the/principle; which; has guided them in endeavouring to satisfy the eager re-

:qulroiricrits ot 'the/natlVe-Ohjiefe' for .help"iri their efforts after spnie /qriasl-Britlsh. organization, than by./saying \- that they^ appear/tP'have dssuriiod, and we/belipve very, truly; that/tlie' first .dawning of ; popular/capacity/ for self-gbvcriiment/js dlw ays. ob'n- ! nected./morb/clpsiely with i\\e''dUihinislrdtton of law' ;and justice/than/with aiiytluilg,lilcb//e<|js?ai(ioelefi1efi, ort. The Gbyer/rimerit/ot/ New Zealand rbmemb'efedthat all our.mbst pppular Anglo-Saxon Institution's were jof this nature/and/that it was by exciting a popular and local" interest in the fair administration of J justice on recognized principles, that the capacity for representative interference iri,the conduct of the Legislature first grew up. We believe this to be 'the natural path of political education. Children, as well as nations ,whp are in the, position of children, always /learri to dealwith practical cases pii generally recognized or traditional principles before they learn ,to discuss the principles, themsel vies; and the former task is the best education for the latter. The Colonial Treasurer.of New Zealarid.brings out this point with great practical.force iii his remarkable speech, lie points put/the'analogies' between tlie habits of the Maories arid those of pur.!halfcivilized Saxon/ancestors;, and we may add/top, in /many,'respects, those of/the/bid' and still existing village-organizations of Hiridpstan/ though /this last point, of course, forms no Zpart of-Mr. Richmond'sspeech. He thenZad,ds f :-^-.

'/Now, amongst.the. judicial, institutions,of the. ;SaxpnS!we.firid the/County/Court, otherwise known as the Hundred Court or Public Leet. This court, Mr. Hallarri tells us, was the principal safeguard of the,civil rights pf, English freemen. Here, then,,we, .determined to look fbr/a/model The, summary jurisdiction/of justices of the. peace is,; as every lawyer, knows/a modern introduction, very much suspected at first. Even so late a wri|er as Blaekstone ; (if I remember rightly) shows jealousy of the summary .jurisdiction. It is not properly an English institution.,'. Nbw-a-days, we .could not dispense !with itl , We, could.not, all;be running to Sheriff's Towns/arid Leets, arid be/yexe.d with perpetual;jury service". In large 'towns especially, the public safety could not. otherwise .be maintained than .by; the ;modern.^arrangements'., We/have also the press to (overlook/the(exercise of: a summary, jurisdiction. 'But though.convenient, fpr~ourselves, police . magistrates are' not'that part of our judicial institutions best fitted to inspire confidence .in a primitive people of the habits andjerftper^iohich,!,. have, attempted to indicate. We thought: it Jbeit'er. tp reyert toZour earlier,arranger merits// - ; ''/''' - '." "' t;- '; "■ •:

; Mr. Richmond then goes on to justify, theiprinciplehad ( he ( laid down, asfoilows:—; ; ",It is true of several English institutions, that the immediate and visible"' end of the institution is not its most; important effects ■'.-'" One.- may, perhaps,, say this'of bur present form of Gbyermerit, I riieau of > Representative Iristitutions and< Ministerial- - Governments. -Perhaps; its greatest rvalue is in the educational discipline it carries with it/: Soit/is of trial by jury. It is not/because -it -is -a very'perfect: instrument for f deternairiing: the effect of eyidenceV -but because it induces a popular-confidence iri/the ;administration of justice, that it is so valuablei : In. the last resort,•: and,in -extreme cases; the people' fbelsthat.itis judge, :This is exactlyvthe' kind Of confidence we want to induce in the case of the ,native people." • w : :

We have no space, nor should we deem it fitting to occupy bur readers'' attention with the details of the measures proposed for.extending English institutions ,tp the native races pf New Zealand. Wisely/ enough,- they are only pertnissive, and cannot take effect without the earnest co-operation of the - natives, which will, hpwever,'apparently be obtained.,. We only wish to call attention Ztb /the fact that the!, principle of what is/proposed is to leave fnelegisla-, tive power entirely with thje ." Governor in Council" . of New .Zealand,' but/to/ make every provisibn for ■hearing 'native'/, suggestions; / |ahd,':" above Z 'all/, for: Interesting the popular native mind in tlie execution .-"or, adriiiriistfatibn of/all/the ;iawsZeriacte,d:' We believe that a wider recbgnitipri of this/principle-/-/ , not by any riiearis /uriknowri tb,: biit:: also-not, we! jliiiikvso .clearly 'recogriise'd by our/Britisn'/jGpveynx 'meritf; ;bbth, iri;lridia/ arid iri all: other part's'of: the/ '-world where '/we/are brought.'- into connection' ■ with native rage's of ;ariy ; vigour Z^rid: yitaUty^wbuld - be fruitful of inestimable, "gp'pd.'!ZWe/.Zare/perfectly cawa're that the exact:institutions which/suited'the bid Angld-Saxons; may. riot iri any way suit Hindoos 'Kaffirs; or;DyaksZ /Still we/are sure■'.'that the pririr, ciple'will be found 'to .hold 'good;that, all durable* self-gbver'nnierif; begins by practically 'identifying-' /popular irifei-esfs; arid/ingenuity with fhe'a^iniriis-' tration arid execution '.:q'i justice/rather than with/ the wider/principles' Of legislation// Among the';' village settlements of India exist a class of native 'watchmen, proverbially faithful. when trusted with., the guardianship of sp^ialiriterests, and a mere classof scientific ' thieves when deprived of", their hereditary'occupation! Here we .see in ari'lndian form, ;—-thatis,' a form impressed .with' the/institution of caste—the) first/ germ/of this principle of popular self-government,' in; tlie /existence of a hereditary/ and lbcarcla'ss/intrusfed by/cb'mmon consent with' the adhiinistfatiori of/tlie.lowest; functions' of local/ justice. Rude people care far more to share the responsibility of Executing justice than to deter-' mmc its principles. ./It interests their irriaginiitiori as well as their,reason.' Hence the.papularify of trial by jury. Arid hence the/wisdom of identifying' the early defnocratie wish for ;self-goyernment father with the application of principles to concrete cases, than' with, the lpgislativb function itself.' In the rude state/ the Chief lays do^vri the law, but the people/ /like/to '-bY asked1 to help him in its application Zand 'execution; Arid'what the Chief doesin a rude state/ ,the' British Government iriay; ;do in its '/intercourse with rude people.