THE LAWS OF ENGLAND.

Maori Messenger : Te Karere Maori, Volume V, Issue 13, 16 August 1858, Page 1

THE LAWS OF ENGLAND.

Some months since, the readers of the 'Karere Maori' were informed, that the Governor had directed a concise summary of the Laws under which the Subjects of the Queen of England are governed and protected to be prepared, translated into the Maori tongue, and published for the information of the Maori people, this has been done, and a Book bearing the title of Tub Laws of* Ehsland has been placed fa the hands of several of the Chiefc and Native Assessors id; Various part* oT th* cotinlry. Many of oar Maori friends hate probably seen this Book. ' Any person wishing to possess a copy may Obtain- one in Auckland by paying six-peace for it. We wish to say a few words respecting this Book of die Laws, t its desTtfn, arrd the reasons which Have' Induced the Governor Id order'that It should be preyed and given io the Maori people. Inottf 6f oar Maori frteuds' who undertake a' cairefttf pe- j

rusal of its contents, wild a view to obtaining a knowledge of the taws of the Pakeba, must not be disheartened if they meet with much which they do not at first understand. It would not be possible lo write a book on this subject in the Maori language, which should tell every thing about the Laws of the Pakeba and be perfectly intelligible to the Maori reader. When the Maori first saw the ship of the Pakeha, be could neither understand its construction, nor bow it was guided and made to bear those on board whither they pleased, even when out of sight of land. He, however, admired its appearance:: so far also as be was able to understand it, tie could ouly pronounce it to be good. He was unable to discover any defect in it, but, more than this, be saw that it bad carried its masters safely across the trackless ocean and still moved io obedience to their will. He did not therefore hesitate to embark in it himself, in order to cross the sea. He could not nope to understand k, or how it was to find its way- to Us destination, bnt be was jot the less willing to trust himself on board. It had proved a safe conveyance for Pakeba to bis country, why should it not prove the same for the Maori to the land of the Pakeba. * ■ "■ ■ ■ -" . * ":2 T 0 ? fortn ©ft** Book of the taws »an invitation to the Maori to embark in the Pakeba ship. He may still keep his canoe, and use it for short voyages alone the coast of his island, but he wiH do well to avail himself of the Pakeha ship io carry nim where his canoe could not venture with safety. Ft will be wiser to do this than to attempt to build a ship for himself. _ It must not, however, be supposed that a is the Intention or wfsfr of the Governor to enrrce these taws where the people do not desire it. As they werfe loft frYe to«S 2P.?iS ct t Cl,rislianU y oflfered ln *ni by the Missionaries, so are they now free to decent £- l scco ? d ! boon " NeUher will it them, nor will it become «ieirS without earnest effort on their part. ■SS,W.Je. eyes to see and a bean to gift? a voice to ask for it, and a it fast when bb-

The Book now placed in ..(be bands the Maori people, is intended to shew them what the Laws are which cause the Pakeba to dwell in peace, protect him in the enjoyment of his properly, and punish wrong doers; also to explain the way in which these Laws are administered. Tt is prefaced by a letter addressed by the Governor to the Native Chiefs and people of New Zealand; in which bis Excellency ex* plains his reasons for causing information on ibis subject to be placed "within their reach, and invites them to examine for themselves those Laws which have made the English a great nation and a happy people, and which, with the Divine blessing, will make New Zealand great, and its people happy, if all, Maori as well as Pakeba,. unite to uphold them and cause them to be respected . The first part o r the Book treats of the principal officers to whom the work of administering the Law is committed, and .of the duties assigned to each. The Law itself is guarded by the whole people, being written in their hearts, but the work of administering it, is entrusted to certain individuals. £ The Sovereign is the first; her authority is from God, and is. acknowledged by all the people. The others are appointed by the Sovereign, and their authority is from her. No one may assume to himself the exercise of any office. If men were allowed to take upon themselves the administration of the Law without being properly appointed, there would be much jealousy, confusion, and striie, and the people wonld not yield the ready obedience to the Law which they now do. Neither do the people appoint these Officers. This power belongs to the Sovereign alone. The Sovereign, however, in all her actions is guided by the Law, and respects the wishes of the people, which they are able to make known through the persons whom they elect to represent them In the Parliament,

or OjuocU, whose work it is to framesaw* Law* W my h* required for the welfare and gooo^xernmeßto/the people. •If any person appointed by the Queen to any office of administration, proves unfit to discharge ka duties, the Queen will remove him, hat so long as lie holds the office be mast be obeyed, for it is not the maobuKhe office which is to be respected. $ The second part of ihe Book of the Laws contains a list of ,tbe principal offences against the Law, which are called Criminal Oflences, stating the punishment which the Law has assigned to each offence, and the Court in which a person charged with such an offence may be tried. These, punishments can only be Inflicted by the officers whom |he Queen has appointed fey the purpose, and after doe trial and conviction of the offender in a properly constituted Court. This is a point which the Maori reader should clearly understand. It most not be supposed that the punishment assigned by the Law for the various offences enumerated in the List are stated as a guide for the Maori Assessors, or others, in dealing wkb Sersons committing such offences. It wi|l e fteen that most of the serious offences can on ly he tried in the Supreme Court; a man committing one of these offences must first be teied by that Court (that is, by a Judge and Jury,) before be can be held to be guilty, and no man can be lawfully punished until he by found guilty by a competent Court. Hie Maori reader should therefore understand, that the Laws of England are given him, not for the purpose of beiog.brought into immediate operation amo 2l *>£ own people, which would be impossible, before the appointment of Magistrates and other officers necessary for carrying them out, but that the Maories may know how offenders are punished, when dealt with according to Eoglisblaw. When this is understood by them, they will be better able to judge how far it will be to their advantage, and bow far they are willing, that the operation of this law should be e£ tended to them, and, if really desirous that it should be so extended, it will then be for them to apply to the Governor, staling their wishes and asking him to appoint Magistrates, and assist them jn securing to themselves the advantages of English law.

jFy The Ibtod diviiion of Book nJLaws* treat of 43vU injuries* and the difference between these and the offence* which are called Criminal b pointed *ut; the Civil injuries being sueh as may be coinnensaud by a money payment to the injured party, and in which the person aggrieved jumseff seeks redress in a court of Law; the Criminal offences being such as can only be atoned for by the punishment of the offender, and which the Queen and the officers of the law appointed by her take note of, apoV require the offender to be tried and punished. The distinction is one which it is very necessary to nuke, but it is one which the Maori does not at present understand. His law says, thai all wrong doing may be atoned for by a payment. He says, if a neighbour's pig break into a cultivation and destroy food, a payment must be given to the owner of the cultivation. This is. right. Be says also, if a man be killed or beaten, or a theft be committed, 9 payment to the injured parlies will atone for the act. This is very wrong. The law of the Pakelia says, Payment to the individual only who may bave suffered by the act cannot alone for a crime. If a manthus trample upon the Law, be injures Abe whuie community, and be must be punished. If bis crime be a small one, it may besuulcient to take his money, or fine him; if it be a greater crime, he must be punished by depriving bim of bis liberty:; if bis crime be murder, bis own life must be the penalty. X r% If men could always atone for crime by paying money, a poor man, for a small offence, would often he obliged to undergo punishment, wbUe a rich man, for a greater offence, might escape it altogether. This would not be right; all men are -equal in the eye of Abe Law; the rich man is not better than the poor man. There are many things in this book which wjll require carefttf and repeated explanation before they can be clearly understood by the Maori reader. The Asse»or»wHldo well to apply to the European Magistrates with whom tbey are associated for such explanations. We have no doubt, that iheir Missionary teachers also, will be ready to assist them in apprehending the meaning of anything which may seem obscure or difficult. Let tbem remember thai the book is not given them to furnish work for their

hands, but rather for their heads. f*t it be read carefully and considered well. If h lead them to a conviction, based upon tame knowledge of the subject, that the English Laws are just and good, and suited as well for the Maori as for the Pakeha, it will have effected the object for which it has been pot into their bands* The Maori is invited to come on board the Pakeha ship and examine her limbers, her sails, her rigging, her rudder and her compass. If these appear faultless, then let him try a voyage in her, and in the course of time he may learn also bow to assist in navigating her. In the meantime, rather let the eyes of the novice be employed in examining, than the hands in handling. There is no reason whatever why the Maori should not learn to lake part in navigating the Pakeha ship. Has he not already learned to manage the small coasting craft in which be now brings bis produce from various places on the coast to Auckland. But it must not be supposed that the requisite knowledge can be acquired in a day. It must be a work of time. A willingness to be taught, patience, and quiet perseverance are also necessary; without these nothing good is to be attained—with them, there is nothing which may not be attained.