About Law.

Maori Messenger : Te Karere Maori, Volume I, Issue 10, 1 August 1861, Page 1

About Law.

THE ENGLISH SYSTEM.

CHAPTER 111.

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 ; acts of violence to the person by themself es; cases of breaking into houses by themselves; this kind of of-

fence 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 another. If a man were to steal five pounds from a poor widow, or from a person who had been very kind to him, and he had used great fraud in connection with the theft, his crime would be far greater than the man who stole five pounds carelessly left in his way by a rich man. But the Law could not inflict a heavy punishment in one case and a light one in the other; each is simply a theft in the estimation of the Law; but the Magistrate has the power to distinguish. The Law says only .• "If a 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 a circumstance which increases the guilt of theft, if anything is taken or rifled from the person of the individual; or anything which he can see at the time ; and is not willing to give up; or if he is intimidated in order to make him let it go. In such cases the taker must be imprisoned; but not for more than eight years. If a man is attacked by another with the intent to take away some of his property, although the robber may not succeed in getting what he wished, he must be imprisoned; but not for more than three years. This is also a circumstance which increases the crime of stealing, when the house is broken up 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 by any person for the purpose of stealing any property contained in it, or of doing any evil act therein, although

the object for which the house was broken into by him be not effected ; he must be 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 all the days of his imprisonment. If one man murders another the murderer must be put to death. If any persons trespass without leave upon the fields of others and destroy crops, or cut down trees; or if one man 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 Twelve to say what the nature and amount of the payment shall be. We do not permit the person who seeks redress from the Law to have anything 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, the fault is all on the side of the other. It must not be left for him or for his relations to say what satisfaction should be given for the injury done to him: lest they should make an extravagant demand and their award should not be a fair one. And if it should be found that one of the Twelve is a relative or a friend of one of the persons who are disputing, he will not be permitted to remain among them; lest he should be biassed in favour of his friend and should not judge fairly. The custom of the Maori people in reference to any man who is said to have injured another is very wrong. An 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 property (as the Twelve may appoint) and let it be given to the man who is 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, he may be sued at law, and the amount of money to be paid by him will be adjudged: and if he has no money, his property may be sold, and the man will be paid who lent him the money or goods; and if he have no property, he may b« put into prison. Upon 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 his 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 just 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 trouble and inconvenience to persons if not arranged without delay. Hie Pakehas have therefore adopted the mode suggested to Moses by his fatlier-in law Jethro (in Exodus rviii. 13-26.) They 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. Tiiese are the cases which are heard by these Magistrates. If the property stolen be of small value, and if the thief be under age, these Magistrates can deal with such cases. For we think: it is not well to send an innocent child to prison; Jest he should be taught evil things by the men who are there: llather, let his offence be proved before sending him there. If a man assault another, these Man-is-trates will appoint what satisfaction must be made. For we do not permit the person assaulted to ppoint 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. But if the person assaulted wishes to obtain satisfaction, he must not let six months pass, before applying for it to the Magistrate. If lie delay, and six months pass, he cannot then claim anyfurther satisfaction. If horses, cattle, goats or pigs trespass upon a man's cultivation, and damage is clone by them to the cultivation; the Magistrate must appoint what payment shall be made for the damage done to that cultivation. This is the Pakeha mode for the punishment of 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 our wealth has increased, and by yours you are few, and poor, and' disorderly. The great principle of the Pakeha is this: that there shall be one law for all: no individual is permitted to stand up to redress his own wrong, which he may have suffered at the hands of another: but it must be left for the Judge and the eive to adjudge. "Vv ere the Maori people to do this 3 they WQijld. then see

prosperity. If you persist in the old way —listen, —you will experience the truth of these words, "The Lord maketh a fruitful land barrenness for the wickedness of them that dwell therein." How shall advancement and prosperity be attained ? By carrying out the rules which God has laid down for us. Bear in mind these two words. 1. 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 the wrong doer to be punished. Let no one be punished for the offence of another person.—Chief Justice Martin, 1846.