New Zealand Colonist. TUESDAY, JULY 4, 1843.

New Zealand Colonist and Port Nicholson Advertiser, Volume I, Issue 97, 4 July 1843, Page 2

New Zealand Colonist. TUESDAY, JULY 4, 1843.

The most important question in relation -to the future welfare of the colony, though, unhappily, that whose decision we can least influence, is, what steps will be taken by the Government of Great Britain for the protection of its subjects in New Zealand ? It may, perhqps, be doubted whether sufficient interest will be fe?lt in our fate to induce anv vigorous or well considered measures. But, remembering the degree in which public attention has been directed to this country; the numbers who are directly interested in the' welfare of the Company’s settlements ; and the influence and activity of the various societies who will assert the claims of the Natives ; we do hope for more than our numbers or influence could of themselves entitle us to anticipate. And as, in all these cases, we, if not unduly supine, may by active' representations decide in some degree the character of these measures, it is not useless or superfluous to consider what might most prudently be done.

In entering upon this subject, the first and most important point is to ask for nothing which may not appear .reasonable to persons ' who, viewing the matter .from, a distance, do not partake in our excitement, and have little sympathy with our apprehensions. Our demands, consequently, must be founded upon the permanent relations between the Settlers and the Natives, arising out of the difference of race, of language, and of custom, and the conflicts whichvmay. thus be expected to arise unless some supreme authority, resting upon an adequate military force, should compress and restrainthe discordant elements. The conflict at Wairau, with its melancholy and horrible catastrophe is, not the; cause of our requiring the interposition of. the Government. The true causes lie far deeper. It is, however, the first occasion which has brought into permanent display the existence of such causes, and, possibly, but for its occurrence, we might never have been enabled to force a belief in the veracity of our statements. Painful, therefore, as is the occurrence, it may not ultimately be barren of beneficial consequences. The conflict at Wairau, considered in itself, arose out of the attempt to enforce British laws in a case in which to the Natives that law appeared unjust. We pass over all those peculiar circumstances in the transaction which, so far as we are informed, rendered, the proceedings of the magistrate illegal, because, though of the utmost importance in the con-' sideration of this individual case, they are of no

'moment in-reference to the general question. For aught the. Natives knew, the proceedings of Mr. Thompson might have been in strict conformity with law, and in that case we believe that they would have equally resisted the execution of the warrant. Nothing at least has taken place since our establishment in New Zealand to lead us to entertain a contrary •opinion. It is true, that in cases where the English law coincides with the law of nature, and the offenders have been persons of inferior rank, we have seen a voluntary and apparently cheerful recognition of the supremacy of our law. But in a system, laws which had been framed to provide for the wants of perhaps the most artificial community in the world, it is to be anticipated that cases may frequently, and must sometimes occur, in which there is a contradiction between the established law and natural justice, or at least, in which matters in themselves indifferent or trivial, are made criminal. In such cases we see no reason for imagining that the New Zealanders will yield obedience to our laws. And perhaps in any case where it is attempted to enforce those laws against individuals, whose persons the Natives regard as sacred and inviolable, we.may anticipate resistance. That, consequently, which we require from Government is, that they shall take effectual measures for maintaining the supremacy of the law under all circumstances, and over-all persons. We do not now enter into the question whether it would be just or politic to apply the law of England in all its details to this settlement. We only ask, that whatever be the law, its authority shall be supreme over all. This we have a right to demand : but this cannot be =secured without the presence of an adequate military force.

"It may possibly be urged by the English Minister that this settlement was founded not merely without the sanction, but in open defiance of the authority of Government. True such was the case. But, in the first place, the reasons to which we have above adverted are applicable with at least equal force to the Government Settlements; and, in the second place, as the Government has insisted upon reducing, us under its authority, it has by that very step entitled us to demand its protection. Had'we been left to ourselves the case would have been different. Instead of this, a party of soldiers was dispatched to enforce our submission, though withdrawn when only- required foe our defence. We-have been forbidden'to treat with the Natives upon' any matter, (except that the New Zealand Company has been left free to treat for the cession of land within certain limits), and the Government by itself concluded a treaty which it is probable that few of the Natives understood at.the time, and which so far as-we are aware, has never since -been explained to them. But for the interferenceof Captain Hobson, we should have ourselves provided for the adjustment of all disputes,.from' whatever sources arising, between ourselves and the Natives, and knowing our inability to compel obedience to the laws of our.own country, we should have arranged a mode of deciding those cases in which the English law was inapplicable, or could not be enforced. The difficulty, there- * fere, is one created by the' Government, and for which, consequently, it is bound -to provide. Ours is not merely the case of British subjects invoking that assistance, which, under -all circumstances,- the -Crown, is under an obligation to afford. We have been brought, without our consent, though not against our will, within the legal pale of British authority—we have been restrained from adopting measures of defence or precaution, and we have accordingly a peculiar claim for prompt and efficient protection.

Nor can we doubt but that when our case is stated in England, the Colonial Minister will feel the justice of our demand. Whatever may be the course to be pursued, he must provide th e means of enforcing the law. This is paramount t® every other consideration. Whether there is to be one daw for all, or exceptional laws for the Natives, and of what character the law may be, are points of inferior moment. In any case the laws .must be maintained, or, the British Government must abandon the colonization of the country—must withdraw its Government —

disband its array of officers for the collection of the revenue and the enforcement of the law, and leave us in our original state to arrange with the . Natives upon such terms as the mutual interests of the two races may enable us to obtain. ; !

We have no expectation that the latter course will be pursued, but we have been led so far in the consideration of these preliminary questions, that we have no space to pursue the matter further at present. In our next paper we shall indicate the course which it appears to us ought to be taken by Government, and the manner in which the subject may be brought most effectually under its notice.

On Sabbath forenoon last the Rev. Mr. Macfarlane, after reading the last chapter of Ist Samuel, and the Ist chapter of 2nd Samuel, preached to a numerous audience an eloquent and appropriate discourse from the 27th chapter of Proverbs, verse Ist, in reference to the late calamitous event at Wairau.. In the course of his sermon he paid a well-merited eulogium on the much-respected and deeply-lamented Captain Wakefield, which we doubt not was responded to by many then present, especially by those who had had the pleasure of meetingwith Captain Wakefield, or who had personally witnessed his unwearied exertions to promote the interest of the Settlers at Nelson, and his anxious desire to further every useful and benevolent institution suited to the circumstances of the Colony.

Agreeable to a notice issued by the military sub-committee, which we publish in another column, a general muster of the Volunteers took place on Thorndon Flat, on Sunday morning last, and considering the short time they have been drilled, we were surprised to see the respectable appearance they made in number and: discipline. The Te-Aro division, under Major Hornbrook, and the Rifle corps, under Major Lurie, marched through the Town in very soldierlike order, the band preceding the Te-Aro division, consisting of nearly 200 men, the British ensign and St. George’s Cross appeared in the centre. After being put through a few evolutions they formed in line, the horsemen, being on the right. Captain Smith, R.A., Captain Laniell, Captain Sharp, Major Baker and other officers passed along the line and expressed their approbation at the general appearance of the men. We have heard the total number could not have been far short of 250 men, being abont half the number that enrolled themselves.

The morning and evening drills are regularly attended, and great praise is due to the Volunteers for the disposition they evince to become an efficient body. The committee have, we understand, in, contemplation to adopt a uniformity of dress. The battery on the Clay hill, Lambton Quay which we have heard is to be named the Waterloo Battery is finished, and the Redoubt on Thorndon Flat was commenced yesterday. The former is on Town acre 512 and not 202 as stated in our last. We understand that the Maori Chiefs at Wanganui, on hearing of the late dreadful massacre at Wairau, offered to assemble 2,000 strong, and go against Rauparaha, if Mr. E. J. Wakefield would put himself at their head.

We have heard that another whale was taken by Mr. Wade’s party at Wairarapa on Monday last.

A report was prevalent yesterday, received by some Maories from Kapiti, to the effect that the Tyne was at Nelson. We shall be glad to have it confirmed.

We have received a letter from a “ Burgess,” expressing surprise that the Town Clerk had not published the Burgess Roll of the Boro’; according to the Ordinance. We can however inform the writer, that the list has been published, inasmuch as it has been posted up at the Town Hall these eight or ten days past, which is all the Ordinance requires.