The following Memorial was then read— MEMORIAL

New Zealand Spectator and Cook's Strait Guardian, Volume I, Issue 17, 1 February 1845, Page 3

The following Memorial was then read — MEMORIAL

To his Excellency Sir George Gipps, &c, &c, Governor-in-Chief in and over the territory of New South Wales. May it please your Excel'ency — Your memorialists most respectfully beg leave to state that they are at this moment surrounded with dangejs and difficulties against which they feel compelled to seek for immediate protection from without the colony. These dangers and difficulties have arisen from the seditious and outrageous conduct of the natives in various paits of the colony of New Zealand, who have, since the arrival of his Excellency Captain Fitzroy, defied the law and the authority of the Local Government, and have lately broken out into acts of violence destructive to the property an I dangerous to the lives of the settlers. During the progress of these disorders, several applications have been made to the Governor of ..the. colony (or assistance, by the settlers and by the officers of his Government, and his Excellency has, on these and other occasions made it publicly known, that he had not a sufficient force at his disposal to afford the slightest military aid. Your memorialists beg leave also to inform your Excellency that they are without arms or discipline, because, contrary to the wishes and instructions of the Home Government, no militia has been embodied. To the certain knowledge of your memorialists, the rjatives have been well acquainted with the unprotected and defenceless position of the settlers, and have on various occasions expressed their contempt of her Majesty the Queen, and of all in authority under her, as the following facts will prove. About three months since, Captain Fitzroy visited this place for the second time, since his arrival twelve months ago, and made a bargain with certain chiefs, to whom he paid some hundreds of pounds, in order to procure the evacuation of the district of the Hutt by the natives who have held possession of it, to the incalculable injury of those who purchased and paid for it, five years ago ; and he charged the Superintendent of this district to see that that arrangement was carried into effect. After liis Excellency's departure, Major Richmond- proceeded to the Hutt, where, instead of inducing the natives to leave the place, he was, after being grossly insulted, forced to leave it himself, and the natives have declared their determination to offer an armed resistance to any efforts to remove them, and continue to obstruct and intuit the settlers with impunity. About three jr*eks ago, a body cf natives appeared in arms in the neighbourhood of Wanganui, about one hundred and twenty miles from Wellington, and as they themselves v said, confident that no punishment awaited their offences, since the Queen had no power to punish for the Massacre at the Wairau, the outrages at the Bay of Islands, or for qifences against the law of almost daily occurrence ; they pillaged several of the settlers, and insulted their wives and daughters. H.M.S. Hazard being in the harbour, when the news of this occurrence reached this place, the superintendent, Major Richmond, embarked and sailed immediately for Wanganui, where he has beeu a fortnight. During this time he, in conjunction with the Bishop of New Zealand, has vainly endeavoured to induce the natives to leave the place. This has been refused, and the natives have insulted the Bishop, and expressed the utmost , contempt for the Local Government, as well as for that of the Queen. ,- Two days ago an express was received from the Police Magistrate at Nelson, informing the authorities here that the natives at Wakapuaka had burnt several houses belonging to white men, maltreated some of the - most respectable settlers, and threatened still greater outrages. The authorities here could only say, that it was not in their power to .:. afford any assistance to the settlers at Nelson. Your Memorialists also beg to express their conviction that the outrageous conduct and generally hostile and menacing attitude of, the natives ' have been promoted by an Ordinance passed in the last Session but one of the Legislative Council, called the Native Exemption Ordinance, by which they are in reality exempted from all punishment whatsoever, - By this law no warrant can be executed, except by the chief of the tribe to which the offender belongs, and therefore .where the offender himself is a chief, of course the law will not be enforced. Their exemption from the law, together with a perfect knowledge that the settlers are without military defence, arms, or discipline, have inspired the natives with ide.s of aggression and violence hitherto unknown to them, and your Memorialists, in common with their fellow colonists at Taranaki, Wanganui, and Kelson look forward with the greatest anxiety and alarm to their next attempts. During Much a state of things, it is almost needless iyta inform your Excellency that the effoits of

the colonists are paralyzed, that the insecurity of property deprives it of all value, and indeed that life itself is dearly purchased, by being v.issals to treacherous and ungrateful savages. ' These savages are, however, as cowardly as they are cruel. To confront is to conquer them, and your Merasrialists most earnestly! and respectfully pray that your Excellency will afford them the means of defeating them,' and at the same time of obtaining indemnity for the past and security for the future. In conclusion, your Memorialists beg leave toi state that two reasons have induced them to' apply to your Excellency, for assistance, one is the pressing nature of the emergency which allows no time for waiting a reply irom home, and the second is the kindness and promptitude shewn to the colonists of New Zealand by your Excellency, when a similar application was made on a former occasion. Mr. D. Wakefield rose to move the first resolution, to the effect that the Memorial now read be adopted. He said that few words were required to recommend the Memorial, it being confined to a statement of facts, which nobody could deny or impugn. If any one could disprove any one of the facts, or indeed if any^one could shew that the Memorial was not a mild statement of the grievances of the colony, a palliation of the conduct of an imbecile Governor, he might justly object to its adoption He (Mr. W.) maintained that it was altogether an under statement of the appalling condition to which the fatuity and reckless folly of the Local Government had brought every British settlement in New Zealand, and therefore it would be necessary to enter into a short detail respecting the proceedings of the head of the Local Government, Captain Hobson. The subject was, indeed, threadbare, for those proceedings had, during their progress, inflicted such grievous injuries, as well as opened up such a prospect of suffering, as to engrave them on the minds of all present, as well as upon the minds of all absent interested or in the remotest manner connected with New Zealand. (Cheers.) Captain Fitzroy began his career at Wellington by holding a levee, where he almost personally denounced every old settler as a rebel, and comported himself in such manner as to excite the anger of many, and the commiseration and pity of all present. He also made a promise respecting the possession of land — the only portion of his visit really worth notise— «-to the effect that he would not quit Wellington until he had settled the Laml Question, and he left the place a few days aftei wards without having settled any thing. Let the meeting bear this in mind, as he must recur to it presently. Captain Fitzroythen proceeded to Wa'kHiii, where he had an interview with the maori chiefs who instigated and perpetrated the Wairau Massacre. Theie, instead of displaying the qualities to be expected in a man in his position, namely, discrimination, prudence, and a sense of British honour, he took upon himself the functions of judge, jury, witness, and prosecutor ; proclaimed impunity to all murderers of white men, and in company with Sir Everard Home, rubbed noses with Te Rauparaha, a wretched canuibal, stained with the blood of a thousand murders, and at that very moment dreading just retribution for his crimes. (Shame, shame.) Captain Fitzroy then paid a visit to Nelson, where he again displayed his dislike of every independent colonist, and dismissed a body of Magistrates lor expressing their sorrow at the murder of their fellow countrymen by the natives. Afterwards he appeared at Taranaki, where he professed the same maoii sympathies, the possession of which has since been officially proclaimed to be a sure recommendation to preferment. Alter an interval of nine months, the representative of her Majesty appeared, for the second time, in Wellington, With a very blank lace indeed. (Cheers and laughter.) A Deputation waited upon him to inquire about the Land Question, and the Governor's promise relating thereto. He could not help remembering a promise made concerning a subject involving the existence of the colony, and in the presence of too many people to allow of its being forgotten. Therefore he resolved to deny that he had made it. This denial was double, that is, the Governor asserted that the Land Question did not include the district of the Hutt; and on being asked to say what it did include, he replied that it included nothing which the raaones woold not give up of their own accord, as the colonists bad bo right to coerce them. Almost in the same breath his Excellency intimated that lie had a scheme for buying the consent of the chiefs to part with the land which the settlers had purchased for a sum far below its real value, that this scheme would probably succeed if nothing were said about it, and the Deputation agreed to consider it as a confidential communication. This engagement on their part, and a desire to give any scheme for obtain-

ing the lind, "however absurd, a chaoce, prevented them from exposing the barefaced breach of his promise, by the production of irrefragable proof then and now in their possession. He (Mr.W.) left them to their own reflections on Captain Fitztoy's conduct. He left them to calculate the value of a Governor's word of honour (cheers.) Immediately after this display, the Governor proceeded to Waikanai, sought an interview with the murderers of his fellow-country^nen, humbled himself before them by calling the bloody savage Te Raupe'raha " the king of New Zealand," paid them some hundreds of pounds as the purchase money of their consent to other natives giving up the settlers land on the Hutt, and betook himself direct to Taranaki. He left behind him instructions to Major Richmond to persuade the natives to leave the district of the Hutt, and we all know the result of the gallant major's efforts. He was grossly insulted by the Maories nnd ignominiously driven back to Wellington^ Whether the settlers have obtained possession of their land for which so much has bpen paid in the way of money, of humiliation, of suffering on their parts, and of cajolery, flattery, and prostration on the part of the Governor, my friend in the chair can inform you. Let every settler still subject to Maori insult, violence, and outrage on the Hutt auswer the question (cheers.) Let every one who has purchased land there, and wasted years in waiting foi possession, answer it (cheers.) The Governor on his arrival at Taranaki, pursued the same system of yielding to the natives. The abs.urd and extravagant demands of slaves wl o have no property in land, of vagrants and strangers were complied with and the Company's settlement in, perhaps,, the finest district in New Zealand, has been disorganized and almost destroyed for the gratification of a few outcasts, without auy rights even in the estimation of their own countrymen — (shame, shame.) Since that time, we have heard nothing of bis Excellency, but we. have heard more than enough of the natives. In the distiictof the Hutt their numbers as well as their turbu* lence have increased. At Wanganui they have appeared in arms and committed all kinds of outrages, amongst which are^forty distinct cases of robbery and theft ; and there they still remain deriding Major Richmond, insulting the Bishop, and openly scorning, contemning, defying, and vilifying her Majesty the Queen, and all in authority under her — (hear hear,) At Nelson they have attacked the settlers, insulted the authorities, and forced the inhabitants to arm themselves. Throughout New Zealand they ate on the move ai»d ripe for outrage against the white man. Can any man doubt that this state of things has been caused by Captain Fnzroy's weak and miserable administration of the Government. By abject submission to savages, he has rendered those insolent and mischievous who were once humble and obedient, and by his treatment of the settlers he has placed them at the mercy of the natives — (cheeis ) Remember too, that the Government which is now more than twelve months old, is unable to afford us any military protection, because it is without soldiers, without money, and without credit. What must we do then ? There is but one course, and that is, to apply lor assistance to the Governor of another colony, who has assisted us before. Let our cries for help be heard by Sir George Gipps, an enlightened administrator, an energetic,decided, straight forward Englishman. He had the greatest pleasuie in moving that the memorial be adopted — (loud cheers.) Mr. Stokes felt great pleasure in seconding the resolution. He would not, after the very able speech which they bad just heard, attempt a review of Captain Fitzruy's conduct. Such a repetition would trespass too much on their, time and patience. It would be painful to their feelings as honest men and loyal subjects.* It was a history of -violated pledges, of uir-" worthy, subterfuges,; of neglect of and indnTer,-. enee to the interests of the settlers, of. weajc concessions aud indirect eneouragepept Co the natives to continue in a course of, violence and aggression. He would therefore confine himseli'in the few observations he wished to make, to the subject' immediately before the meeting — the state of anarchy and confusion which has been produced by Captain Fitzroy's condact towards the natives, and the necessity , of, seeking for protection from without the colony. It was well known that before the systematic colonizatiou of these islands, settlers had established themselves in various parts among different tribes, and that they lived in comparative, peace and security ; the respect which the native had for (he civilized man, and the conscious sense of the superior force jarhich they knew could be exercised by the neighbouring Government of Sydney to punish auy excesses that were committed, were sufficient to insure these results. It was also well known that on our first arrival in this settlement oar relations with the natives were bf the most friendly nature. It warnot until

Mr. Shortland's visit to Port Nicholson," until Native Protectors were sent down, that aiiy differences arose between the two race 3, then, indeed, owing to their unremitting efforts, enmity was placed between vs — (hear),— and the impunity uniformly extended by the Government, to the natives had produced an entire change in their feelings, the"" sense of our superiority, which formerly awed and; restrained them, was lost, and it was impossible to say to what length they might carry theit excesses, unless decisive measure's were adopted. That Captain Fitzroy had materially assisted to produce this change, and to hasten the crisis, could not be doubted. Every day afforded them fresh proofs, but he would take two well known facts, which would fully bear out his statements — Shortly before Captnin Fitzroy's arrival, a native tfas arrested on s. charge of theft, he was rescued by his tribe, and the civil force ptoving insufficient, the military Were called in, and with theit assis;aace'he,was .committed to .prison. ■Great excitenSent prevailed, but the law was e-marceQ, the native was tried, found guilty, and punhbed. -This native was pardoned by Captain Fitzroy as an act of grace on his first visit to this settlement, who before the assembled settlers and natives approved of what had been done, and declared the native had been justly punished — (hear.) He did not blame Captain Fitzroy for pardoning the native, but he did blame him, that while he approved of what was right, he did uot follow what he approved, for mark the seguel — within the last few months a native stole a piece of print from Mr. Lyon's store, he was arrested, and rescued by the maories ; now the authorities refuse to interfere, but the matter is not s\jffeied o rest here — a true bill is found by the Grand Jury against the native, but the law remains a dead letter, and the native continues at large, unpunished — (shame.) But whydid he speak of these things, wheu the natives themselves with exultation taunt the settlers with the impotence, the imbecility of their rulers, who, wjien the British flag, the symbol of their country's greatness, was treated with indignity, looked on and did nothing. (t Shall it for shame be spoken in these days, Or fill up chronicles in time to come." Thiit the meteor flag of England, that had waved o'er sea and land for ages triumphant, should be torn down and trampled in the dust by a handful of savages, and that the Representative of the Queen's authority, who was also a naval officer, having, at, his;, cajumaud.a force sufficient to sweep the offenders from before him, should reward instead of- punishing them for their offences — (cheers.) TJiey asked for justice and protection from Captain Fitzroy, and were stigmatised by him as oppressois of the native race. Bat what was the conduct of the Magistrate in England — in any civilized country when disorders broke out ? He enforced the law at every hazard, knowing that the worst consequences must ensue trom anarchy and disorder. Here the authorities chose to reverse the order of things, for no other reason that he could see than that they were at the other end of the world, which allowed them to do as they pleased. As aw illustration of the system on which the native* acted, let them take*the last district that had been surveyed, the district, Wai-nui-o-mata. Captain Fitzroy had promised to issue a Crown Grant for this district as soon as he returned to Auckland, but they all knew the valu.i of Captain Fitzroy's promises. No Crown Grant had been issued. Well. — The settlers proceeded to take possession of their land. The natives immediately followed, settled round them, and would soon but? number them. They would then commence a series of annoyances, prevent the occupation of the land by the settler, and rob him of his property. He would then apply to the Magistrate for protection, and would perhaps be told, as they had been .told before, that he was a" trespasser and tenant-at- will under the maoris, and" that tire' authfirj ties. could affcrd him -up., protection. In despair, fie ";would attempt to protect himself — if successful he would b« punished for presuming to, defend himself, if unsuccessful he will fall beneath the murderous tomahawk of the native — (cheers.) Mr. J. Wade said he could not express the high gratification he felt at the spirit of unanimity displayed on the present occasion. While the whole community, as though impelled by one heart, placed their shoulders to the wheel, and by a strong pull and a pull altogether sought to obtain their objects ; while they were thus like a bundle of sticks bound together, they- need* not fear being -broken by bad .Government or any thing else, , but must eventually triumph — (hear.) He was at a loss to. imagine what could have induced Captain Fitzroy to have proceeded in the unaccountable manner he has doie, unless he adopted the charitable conclusion of the natives, who said that he was "mate mate Jcikoni," (placing their bands on their heads) "ki peiti E_&uka}"* for be could net conceive that way sane man could aqt in to ex-

traordinary a manner — (cheers.) After an energetic appeal to the meeting to sign the Memorial, he concluded amid considerable applause, by moving the second resolution. That a Committee, consisting of the Hon. H. Petre, Mr. D. Wakefield, Mr* R. Stokes, Mr. J. Wade, and Mr. S. Revans, be charged to obtain signatures to the Memorial, and to forward the same to Sir George Gippi. Seconded by Mr. Ludlam, and carried unanimously. Mr. Roots, after a few remarks, said he had often b.een puzzled to find any Governor to whom Captain Fitzroy would be likened, and at last in the course of his reading he thought he had found one — a certain Governor of New Amsterdam called William the Testy, a fussy gentleman, who was always issuing proclamations and manifestos, worrying every one, and fancying he was doing a great deal ( f business, when in reality he did nothings— (cheers and laughter.) He thought the settlers did not go far enough, they should have petitioned for Captain Fitzroy's recall a year ago, when on his first visit to Port Nicholson he so grossly insulted them ; and now, instead of petitioning for assistance, they should beg Sir George Gipps to take Government of the colony entirely into his hands until they could hear from England, as Capt. Fitzroy was utterly incompetent to discharge the duties ofjiis office — (cheers.) Thanks were then voted to the Chairman for his conduct in the chair, after which the meeting separated.

* E Huka is an insane Maori of Port Nicholson.

A report having gone abroad in this place that the barque Caledonir, now laid on for Xondon, was leaky and in an unseaworthy which no doubt might prove very prejudicial to her loading, if not otherwise contradicted. The agents for the vessel have very properly witten to Captain Theophilus Heale on the subject, which correspondence we publish in to-day's paper, showing v the report to be quite unfounded. Captain Heale is well known to most of our fellow settlers as being a very able seaman, having commanded the Aurora (one of the Company's first chartered vessels), • as well as several other ships, and he being a passenger in the Caledonia this last voyage, is well capable of judging, and whose opinion in nautical affairs stands high. (Copy.) Wellington, January 24, {•845.

Bear Sir, A report which we believe to be perfectly without foundation, exists, to the effect that the Caledonia is leaky and * very indifferent sailer. This report, if uncontradicted, will necessary interfere with the facility of loading the vessel, but core particularly with securing Jier cabin passengers. As you have great nautical experience, have commanded Indian vessels, and have made the voyage out in the Caledonia, your opinion respecting her merits is deemed of the utmost importance by us, and we therefore have to request you to be so kind as to furnish us with the same. We are, dear Sir, Your's truly, James Smith & Co., Agents for the Caledonia. To Captain T. Heale, &c. &c.