THE LAWS AND CUSTOMS OF THE PAKEHA.

Maori Messenger : Te Karere Maori, Volume II, Issue 5, 31 May 1856, Page 1

THE LAWS AND CUSTOMS OF THE PAKEHA.

The forefathers of the Pakeha wished that the Laws should be administered justly and properly in all places in our country; therefore the Laws were all written in a book, that they might be clearly understood by all generations. They also endeavoured to assign to every offence its punishment, and for this purpose classified all offences under their different heads; all cases of theft by themselves, act? of violence 1 to the person by themselves; cases of breaking into bouses by themselves; this kind of offence under this head, that kind of offence under that head and so on. And they said: All the offences under the same head are not of equal magnitude; for in one case of theft the crime may be greater than in another. If a man were to steal five pounds from a poor widow, or from a person who bad been very kind to him, and he had used great fraud in connection with the theft, his crime would be far greater than iliat of a man who stole five pounds carelessly left in his way by a rich man. But the Law could not inflict a heavy punishment in the one case and

Blight one in theothor; each is simply a theft in the estimation of the Law; but the Magistrate has the power to distinguish. The Law says only: •Ufa man steal, he must be imprisoned; but not for more than four years." The Magistrate must consider for how many of these years which have been appointed the thief shall be imprisoned. This is also acimimslancewhichincreases the guilt of theft, if anything is taken or rifled from the person of theindividual; or anything winch he can see at the lime, and is not willing to give up ; or if he is intimidated in order to make him let it go. In such cases the laker must be imprisoned; but not for more than eight years. If a man is attacked bv another with the intent to takeaway some o"f his property, although the robber may not succeed in gotlihg what he wished, be must be imprisoned; but .-not for more than three years. This is also a circumstance wbicbincreases the crime of stealing, when the house is broken open in order to steal any of the property contained therein. The thief is imprisoned, but not for more than eight years. If a house is broken into during the night »y any person for the purpose of stealing any property contained in it, or of doing any evil act therein, although the object for whbbthe house was broken into by him be not effected; he must b e imprisoned, but not for more than six years. And when a man is imprisoned, the Magistrate may appoint that he shall be made to labour ail the days of his imprisonment. If one man murders another the murderer roost be put to death. .1 lf r a ?y P e i ,s ons trespass without leave upon the Gelds of others and destroy crops, or cut down trees; or ironeman make a false accusation in writing against another; we do in this way. We leave for the Magistrate to decide whether payment shall be made; and for the l welve to say what the nature and amount of the payment shall be. r Jl e c d ? not ? ermit lhe P erson who seeks redress from the law to have anv thing to do with adjudging the terms of satisfaction. For we think thus: the heart of the man will be angry and grieved and he will not perceive where he is to blame. In his mind, thefault be left for him or for his relations tosay what satisraciion should be given for the injury done lo him: lest.they should makean extravagant demand and iheir award should not be a fair °h« V . - f U &hou,d be found lh *l one of *iic twelve is a relative or a friend of one of

the persons who are disputing, he will not be permitted to remain among them ; lost he should be biassed in favour of his friend and should not adjudge fairly. The custom of the Maori people in reference to any man who is said to have injured another is very wrong. Ah armed party gets up; the circumstances of the case are not carefully enquired into; but the property of that man, and of others who were not concerned in the matter, is plundered by them. This is exceedingly wrong. Rather, when a man does wrong", let him forfeit a portion of his own properly (as the Twelve may appoint) and let it be given to the man who was injured by him. Although a man may do wrong, his property and food should not be wastefully destroyed. This is a very great sin. For food is given us by God; and why should it be wasted? And if a man borrows money or property, and does not repay it, be may be sued at law, and the amount of money to be paid by him will be adjudged: and if be has no money, his property may be sold and the man will be paid who lent him the money orgoods; and if he have no properly, he may be put into prison. (jLfkArffo *fUpon the arrival of the days appointed for the Session of the Court, the Judge and the Twelve assemble. They do not assemble at any time or any other days than those appointed : because each has bis own business to attend to ; and they are living scattered about in different places. Also there is not a Judge in every place or community, neither is it proper that the offender should be apprehended and tried forthwith. There should be some interval, in order that the circumstances may be carefully investigated, that they may be generally known, and that those persons may come forward who can give any evidence with reference to the matter for which he has been apprehended. By this means also it will be clearly seen, whether the apprehension of that man is jus t or unjust.

These Court Sessions are for great matters. But there are many other lesser cases occurring at times when they cannot be brought forward for trial, but which would cause much troub'e and inconvenience to persons if not arranged without delay. The Pakehas have therefore adopted the mode suggested to Moses by his father-in-law Jelhro (in Exodus xviii. 43—26.) Tbey have appointed certain men of mature age to adjust the smaller matters; and the more important ones are left for the Judge and the Twelve. These are the cases which are heard by these Magistrates. If the property stolen be

of small value, and if the thief be underage, these Magistrates can deal with such cases. For we think: it is not well to send an innocent child to prison; lest he should be taught evil things by the men who are there: Rather, let his offence be proved before sending him there. If a man assault another/these Magitrates will appoint what satisfaction must be made. For we do not permit the person assaulted to appoint the payment for an assault upon himself; but this must be done by one of those Magistrates, And when the matter has been settled by him, that is the end of it; all ill feeling ceases. Rut if the person assaulted « 'sties to obtain satisfaction, he must not let ree months pass, before applying tor it to the Magistrate. If he delay, and three months pass, he cannot then claim any further satisfaction. If horses, cattle, goats or pigs trespass upon a man's cultivation, and damage Is done by them to the cultivation; the Magistrate must appoint what payment shall be made for the damage done to that cultivation. -, , L _ - is the Pakeba mode for the punishment ;oT the unruly, and the prevention of social feuds. Now, ye Maori people, consider it. Is yours good, or equally good? Remember also that by this we have become great, and tour wealth has increased, and by yours you are few, and poor, and disorderly. The great principle of the Pakeha is this: hat there shall be one law for all: no individual is permitted to stand up to red res bis own wrong, which he may have suffered at the hands of another: but it must be left for the Judge and the Twelve to adjudge. Were the Maori people to do this, they would then see prosperity. If you persist in the old way—listen, —you will experience the truth of these words ''The Lord uiakelh a fruitful landbarreness for the wickedness of them that dwell therein." How shall advancement and prosperity be attained? Ry carrying out the rules which God has laid down for us. Bear in mind these two words. 4. Let each individual man henceforth cease to accompany the fighting parties. Leave for the Judge and his assistants the management of all matters in dispute. 2. Suffer ins wrong doer to be punished. Let no one be punished for the offence of another person. THE END.