To the Editor of the Nelson Examiner.

Nelson Examiner and New Zealand Chronicle, Volume II, Issue 74, 5 August 1843, Page 295

To the Editor of the Nelson Examiner.

Sir — I deeply regretted that I could not conscientiously add my signature to that of many of my fellow colonists, in adoption of the declaration which appeared in the last number (July 22) of your journal, under the head of " Correspondence." That document contained so much to which my heart responds, and I feel it must appear heartless in one of the few who escaped a horrid and (to our finite comprehension) an untimely death, to stand aloof; but. my deposition is ' therein appealed to, as it appears to me, in support of an unfounded inference. I dare not Bhrink from doing justice to the living from fear of being reputed a defamer of the dead. I dare not suppress the truth, if it be called in question, or consent to sacrifice its enduring interests at the shrine of an ephemeral sensibility. It is my conviction, which has never wavered, . in reference to the conflict at the Wairoo, that it was not the result of any premeditated design on the part of the natives, but that, on the contrary, they sought earnestly to avert it. • I cannot blame the natives for resisting the forcible execution of a warrant under a power whose authority they have never acknowledged, and which, as yet, has never been imposed on them.* I declare now, as I did before the attempt was made, that if, in presence of an armed force and under threatened compulsion, they had submitted — if they had not fought in defence of the liberty of their chiefs (unless restrained by a higher consideration, that of Christian duty), they would have shown themselves contemptible and recreant to mankind. My conviction is, that they believed the land to be by right their own ; that they were assured, on the authority of a Government land commissioner, tHat it was not ours ; that they had appealed to him, in consequence of our being engaged in the execution of the survey, or of having been assured by us that we were about to do so ; that they knew that this Government officer was opposed to our proceeding; that they acquainted him with, their intention of in- • terference ; and that they made an appointment with him to meet him at Port Underwood to investigate the land claims, and promised not to enter the Wairoo within the time appointed j that they kept to their engagement, and that the commissioner did not. I arrive at this conviction on information derived from the natives themselves. They had undoubtedly arms with them ; but a more formidable armed demonstration has often occurred in England in the protection of game and to put down poaching. The Wairoo is as a native preserve of pigs, of which numbers had been poached, to the extent, perhaps, of _£80 in value. The first complaint made to nfe on my arrival at the Wairoo was of the J thieving of these pigs, afterwards of the land, I followed by an order to quit. j They were almost persuaded to suffer the 1 survey to proceed ; but, later, they urged that I occupation would quickly follow on the completion of fthe survey, and that then it would be more , difficult to keep possession (vastly like our 'English notions of the import- , ance of possession). Many, perhaps, of your 1 readers, who will not allow to the New Zealander the influence of a better motive, will yet : readily concede to the probability of his being guided by policy. They did not seek a pretext to quarrel; they wished to sell the land to the best advantage. With that consideration for the interests of the aborigines which justice deI mands, our. lamented resident Agent had had a special reserve made of all cultivated lands in the surveys of other districts inhabited by the i Maories, and hence, I imagine, tine reason of thair eagerness to commence cultivation in the Wairoo, and to defer the execution of the survey until they had planted. They fought for their imagined rights, and so far I justify them. Half the determination and resolution ordinarily exhibited by poachers lin England, and such right would have been put down by our might. Far be it from me to palliate the murder that was afterwards perpetrated. When the murderers shall be arraigned, as I trust they will be, let their counsel plead for them any extenuating circumstances that Ms conscience can allow. To shield the guilty from punishment is not the duty of the magistrate, and, in reference to the higher interests of immortality, still less -does it become a minister of the Gospel, since on its authority guilt unpunished and unrepented of here, must follow man, without remedy, to judgment hereafter. I remain, sir, Yours respectfully, Nelson, July 28. Frederick Tuckktt. •I h»Te «üb«equently been informed th«t this opinion ia erroneoni, wa that lUapanha and RanghUita hare ackno* jDdgad the authority of the British Sorereign. • c * now