THE LAWS AND CUSTOMS OF THE PAKEHA.

Maori Messenger : Te Karere Maori, Volume II, Issue 3, 31 March 1856, Page 4

THE LAWS AND CUSTOMS OF THE PAKEHA.

To the Elders of the Maori People, Greeting, The Governor has requested me to write a Letler to you to explain the Rules of the Pakeha for the administration of justice in various cases, and for several other things. Now, therefore, attend and carefully consider these matters; for these are tbe gocd Rules for the people who desire to live quietly. This is written by your friend. . William Martin, Auckland. Chief Justice.

. Ihis island, the Maori people were living in ignorance, and killing each other; although right might be with one individual the others would not respect it, because tbey were the stronger. But the Maori people have now become acquainted with some of the customs of the Pakeha; aod those who understand them acknowledge that these customs of the Pakeha are much more in accordance with justice. These are some more of the customs of the Pakeha with which the people of New Zealand have not yet perhaps become acquainted. The wonder of the Maori is great, when he goes across the sea to England ; the Pakeha also greatly wonders, wben he comes here to New Zealand. The Maori wonders, because he sees such a multitude of men. Every place in England is occupied, there are no waste places; it is nothing but fields, houses and towus. Its wealth also and the number of its ships are beyond calculation. Again, there is uo strife; although the multitude of men is so great, yet there are no feuds like those of the New Zealanders, so obstinate or so fierce: but each man retains qiuet possession of his own goods, land, and other property; no marauding parlies visit him, nor has he any fear of being molested. The Pakeha also greatly wonders wheu he comes to New Zealand. He lands and enquires, where are the inhabitants of New Zealand? Are these few people the whole of the population? where are their house?, their fields, their wealth? Why, there is nothing but fern on this island! But see, here are the men of New Zealand, these heaps of bones, telling of slaughter on the battle field in former times; the only wealth which the Maori possesses is his land; he has no heart to build houses or to accumulate property, because of the frequent marauding parties, and the lawless slate of society in this land. But a change has taken place in the thoughts! of some of ihe Maori people, and tbey desire! a better stale of things. Yes; and if they are persevering and sincere in their endeavours, this island will advance and become like England. Now the main cause of the prosperity of England is the Gospel. Wheu in a state of ignorance, it was like New Zealand. After the introduction and establishment of Christianity it began lo rise; for God is mindful of the people who are mindful of Him. This is also another cause of the prosperity of England. Rules have been laid down for dealing with all mailers that may arise. If any man does wrong, if he steals, or if he

kills any person, he is brought before the magistrate, and his crime is punished; then others are afraid to continue evil practices, and there are no great feudslike those of this country. It is here where the Maori is wrong. One person commits a crime, and it is laid upon others. IfoififiJlie Maornproverb. " Strife scatters sparks Tar and wiae^ But that is wrong. This is the right way. The evil belongs to that man, then let satisfaction be made by him; let it not besought from tbose other persons who are clear of the matter. Then, who ought to award the satisfaction 10 be made? The man whose property was stolen or who sustained the injury, whatever it might be? No; he would be carried away by anger and would make an extravagant demand. Or, if a man is murdered, who should avenge his death? His own tribe ? No. Jf the murderer should be killed by them, his tribe would then require a payment for him, and so evil would grow and be perpetuated. In some cases of murder also, many persons are killed who are in no way concerned in thefirst murder, while the man who committed that murder still lives. For instance. There was a man murdered at Rotorua a long time ago. If tliaman who murdered him had been taken and put to death ; the. war between Rotorua and Waikato would not have occurred. Instead of that, the man "was wiiheld; the Waikalo tribes rose; there were four pas taken and fiv3 hundred persons killed, to avenge that one murder; a multitude of children, women and men died as payment for that man's act. The Pakeha's way is this; let only that man suffer who has done the wrong. But in former times, the Pakeha was jusi like the Maori: violence was done by one man to another; anarchy prevailed; fortherewas no supreme elder to lay down rules, and to punish those who did evil. In course of time the Pakeha came to see how much better it would be to live quietly and peaceably; then they said, by what means shall that which is goo J be attained? By laying down rules for every thing and by means of elders to enforce these rules, and to punish the lawless. Then they appointed certain good elders to lay down the rules, andotherstobojudges and Magistrates. The King and his Governor are the persons to lay down rules: the Judge is the elder who listens to the words of the man who accuses another, and to those also of the person accused. The Judge is also assisted by twelve men, who are called

4,6 theTwelv*." When a man is tried for an offence, if ihese twelve soy with one consent that the offence was really by him, then the judge must say what the penalty shall be for that offence. And the Court House was built large for this purpose, that all men might hear so that they raight know the jasiice of the proceedings of the judges. Certain days were also appointed by them for meeiing, and upon these days the ju ge, the "Twelve," the person accusing and the person accused, all assembled at the Co rt House. The matter was then entirely given up to them to dispose of, that is, to the judge and the "Twelve," and when their decision was pronounced, whether a just one, or an unjust one, it was final: contention thenceforth ceased : and their word was not suffered to be trampled upon by any man. Then the man accused, if guilty, was punished; and, if innocent, was permitted to go free. In this way feuds, such as are carried on by the Maori, were made to cease. This is also a matter where tlie Maori is wrong; the contention about land. This has been a cause of death 10 many in time past;— also of the waste and destruction of the good food given us by God foroursustenance. It was also a cause of strife among the Pakehas in former times, and men were slain upon their land. It is the result of our new customs that strife about land has ceased. When the right to apiece of land is in dispute, oue inan is not permitted to eject another by force; that is a wrong proceeding, for so, though the claim of the one may be just, the man who is the stronger will get his land. This is the rule of the Pakeha. If a piece! of land is in dispute, the contending parties must comebeforethejudgeand the "Twelve " i who will decide the matter and say to whom the land belongs. The intruder will then be ejected and the land given to him who is the rightful owner. This is also one of our rules, respecting the occupation or land. If a pieceof land be occupied by any one as his own property, and his right to it be not disputed by any person for twenty years; the land is held to belong to him ever after. This is another rule for land upon which any person trespasses or dues any thing with out permission, as cutting down trees ordestroying fencing, &c. For six years the owner of the land may obtain redress by law, but after the sixth year is past, his complaint will not be heard. The word of the Maori people, in allpartsof

the country, to tbe Governor is, "Lotus have Pakebas." This is well: the Pakeha also wishes to settle in the country; by this means also the Maori people will obtain wealth. Buthow will any one be willingto dwell here if evil disposed and reckless men are permitted to do as they please; to slay and rob others with impunity. The Pakeha will not like such a state of things, but will return to his own country, or seek a home where the people maintain belter order. The Queen's wish is to preserve human life. Therefore, although she has such a great uumber of soldiers, and so many ships of war, yet she has not been willing to make war upon ibe Maori people. Had one of tbe other European nations come here, it would soon bavebeen at war with the Maori people. But now, what does Queen Victoria care to quarrel about? Sbe bas possessions abundantly numerous and large; and unless any one provokes a quarrel with her, it isberwish to preserve peace. Wherefore, I say, Children, let disorderly conduct cease ; let all matters be dealt with by those whose business it is to administer just law; that we may long dwell together in a noble and free country.