ENGLISH NEWS. NEW ZEALAND. HOUSE OF COMMONS, DECEMBER 13.

New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 285, 22 April 1848, Page 2

ENGLISH NEWS. NEW ZEALAND. HOUSE OF COMMONS, DECEMBER 13.

Mr. Labouchere rose, in pursuance of notice, to ask permission of the house to introduce a bill for the purpose of suspending some of the most important provisions of the Act which was passed last year for the government of the colony of New Zealand. He would state the reasons which induced the Government to consider it their duty to recommend this course, and he would also mention what were the main provisions of the measure he now proposed for the local government of New Zealand. Those who had paid attention to the affairs of this important colony would recollect that in 1846 there was a general concurrence of opinion that it was exceedingly desirable to institute a constitutional Government in New Zealand. Petitions were presented to the house from the colony itself; the New Zealand Company, which possessed a great stake in the colony, and almost all the leading statesmen of the country, expressed a desire that as soon as conveniently might be, a beginning should be made to introduce a representative Government into the colony of New Zealand. This was the state of things when the present advisers of the Crown came into office. His noble friend who held the seals of the Colonial Department (Earl Grey) immediately applied himself to the consideration of this important subject. I believe I am correct in stating that he found on record, in his office, a determination of the Government preceding his to devise some measure of this description ; at any rate he thought it his duty to mature the best scheme he could for the object it was so unanimously desired to obtain ; and the result was, the Bill of last session. That bill was passed almost unanimously both in this and the other house of Parliament, and by the Bill her Majesty was empowered to grant a charter and issue instructions, which were to regulate the future constitutional Government of New Zealand. The main provisions of the Act of 1846, and of the instructions issued under it, were to the following effect : — The colony of New Zealand was to be divided into two provinces, namely, New Ulster and New Munster, and power was given to the Governor in Council to establish a municipal body in all those places wheie a considerable number of English colonists were assembled. These municipal bodies were to form the foundation and nucleus of a system of representative Government which it was considered desirable to rear upon them. There were to be two Legislatures, one for each of the two provinces, and the municipal bodies were to elect the representatives constituting those Legislatures. There was also to be a general assembly of both provinces to be elected by the two provincial assemblies, and which general assembly was to take into consideration certain subjects in which the joint interest of both provinces was involved. This was the general plan proposed by the Act of 1846. He ought to mention that one very important difficulty with regard to those municipal institutions was from the beginning anticipated, namely, that of reconciling the inhabitants of New Zealand to regulations so entirely contrary to their habits and customs. It was, therefore, proposed to settle this point in the following manner : — that these municipal institutions were only to be established in those parts of New Zealand in which there resided a considerable number of white people. There would still remain a very great tract of country occupied almost wholly by the aboriginal inhabitants of the island. It was not proposed to bring that portion of the island altogether and immediately within the scope and pale of these municipal institutions. It was therefore provided, that every respect should be shown to the laws, customs, and habits of the aboriginal inhabitants of those portions of the island where municipal institutions were established, and adequate security made that the representative system sanctioned by the law should not unduly interfere with the aboriginal people. This was the outline of the scheme proposed for the government of New Zealand. The reasons which induced her Majesty's Government to propose to suspend the operation of this constitution were contained in a despatch which had been received from the Governor of New Zealand, upon the best consideration that

he bad been able to give to the plan proposed by the Government. The opinion of Governor Grey rausthave considerable weight with everybody acquainted with the affairs of that island. It had had the greatest weight with her Majesty's Government, and the consequence had been, that finding he entertained the gravest objection against carrying into effect this new constitution, and also finding that persons of great ability and intelligence residing on the spot, supported the views of Governor Grey, her Majesty's Government had determined to propose suspending the provisions of the Act. There was one satisfaction at least in difficulties experienced in the government of this island, and that was, the objection of Governor Grey to the establishing «f the constitution devised by the Act of last year rested chiefly upon the peculiar character of the aboriginal inhabitants themselves ; and the remarkable description he gave of their knowledge, acquirements, and intelligence. It was quite true (said Governor Grey) that you had attempted to protect the aboriginal inhabitants from injustice being done them by an English minority, but you have still left to the English minority the power of a legislative assembly, and the right of imposing duties. Those duties (said Governor Grey) would be mainly paid by the aboriginal islanders ; and then he described the islanders as being possessed of much property, of perfectly understanding the nature of property, and of having sufficient intelligence immediately to perceive that any duty thus levied would in reality mainly be paid by them. This would lead to tumult, especially in the northern division of the island, and therefore he entertained a strong objection to the immediate introduction of representative institutions into the colony. The expressions of Governor Grey were so forcibly and so clearly put, that perhaps the house would allow him to read them : — "By the introduction (said Governor Grey) of the proposed constitution into the provinces of New Zealand, her Majesty's ministers would not confer, as it was intended, upon her subjects the blessings of self-government, but would be giving power to a small minority. She would not be giving to her subjects the right to manage tbeir affairs as they might think proper, but would be giving to a small minority a power to raise taxes from the great majority. There was no reason to think (continued Governor Grey) that the majority of the aboriginal inhabitants would be satisfied with the rule of the minority ; while there were many reasons for believing that they would resist to the uttermost. They were a people of strong natural sense and ability, but by nature jealous and suspicious. Many of them were owners of vessels, horses, and cattle, and had considerable sums of money at their disposal, and there was no people he was acquainted with less likely to sit down quietly under what they might regard as an injustice." (Hear, hear.) There was at least this satisfaction, on reading the account of Governor Grey, that the house must be convinced that the aboriginal population of New Zealand were a people extremely deserving of the greatest care and attention, both of that house and the Government of the country (hear, hear) and who, if treated with consideration, justice, policy, and humanity, it might be hoped would form an exception from what he regretted to say bad been the manifest and undeviating fate of those savage nations which had came into contact with their civilised fellow men. He hoped the people of New Zealand would form an exception to that rule, and that by fair treatment they might gradually become accustomed to us in habits and constitutional practices, be amalgamated with the English nation, as a people of one race, and be capable of enjoying the advantages of a British constitution, British religion, and British liberty. His noble friend at the head of the Colonial office, in conjunction with the other members of her Majesty's Government, upon receiviug the despatch of Governor Grey, containing so decided and so strong an opinion on the subject of these new institutions being established in New Zealand, supported as that opinion was by such varied and weighty arguments, did not hesitate as to the course they should recommend to the house. They thought it would be the height of rashness, in contradiction to an opinion thus supported, to attempt to force new institutions upon the colony of New Zealand, which, however'valuable they might be in themselves, and as he (Mr. Labouchere) trusted would prove when introduced with discretion, at a proper period, would, if established without due consideration and deliberation be most prejudicial to its ultimate prosperity. Earl Grey, therefore, did not hesitate to call upon Parliament to suspend the operation of the provisions of the bill of last year ; but when he said suspend the operation of the Act, he ought to observe that it was only a portion of the Act that he should propose to suspend ; for there were some very important provisions which it was advisable should be carried into effect as speedily as possible. He considered that it would be perfectly safe to give to the inhabitants of New

Zealand municipal institutions for local purposes ; and, therefore, while it was proposed to suspend some portions of the Act, it was intended to leave in operation those parts of the Act which related to municipal institutions, some alteration being made, however, as to the qualification of voters. The present qualification of voters for members of the municipal institutions was the possession of a house, and the ability to read and write the English language. It was certainly supposed, at the time the Act of Parliament was passed, that very few of the aboriginal inhabitants of New Zealand resided in the districts in which municipal institutions would be established ; but this opinion did not appear to have been formed on valid grounds ; and he thought it would be extremely improper to exclude the aborigines from the advantage of the proposed municipal institutions. He hoped, indeed, that those institutions might be made the means of preparing the aboriginal inhabitants of New Zealand for the full enjoyment of constitutional rights. The aboriginal inhabitants could very generally read and write their own language, but they were seldom able to read or write English ; and there were also in the colony many natives of France and Germany, who, though they were men of property and education, did not possess much acquaintance with the English language. It was therefore proposed so far to modify the qualification as to enable the Governor to give to respectable persons, whether foreigners or aborigin il inhabitants, residing within the limits of the several municipal districts, certificates which wouU confer upon them the qualification to vote. The bill he was now asking leave to introduce would suspend for the period of five years so much of the former Act, of the letters patent, and of the instructions founded upon the Act, as related to the Legislative Assembly. The bill would revive, during the period of such suspension, the old Legislative Council of 1840 ; but it would also give the Governor the power of adding to the number of that Council. The Legislative Council thus constituted, together with the Governor, were to have the power of constituting legislative assemblies for each of the two provinces of New Ulstpr and New Munster, in such manner as might be thought most expedient, either by directly nominating the members, or by authorising an election. This was the nature of the measure he had now to propose, and the house would perceive it conferred a very large discretion upon the Governor ot New Zealand. He (Mr. Labouchere) believed, however, that in the present circumstances of the colony this was the safest and wisest course the Government could pursue. He need scarcely say that it was necessary to exercise the greatest caution in applying general principles to *he case of a people in the position of the New Zealanders — a people among whom there was a comparatively small number of British settlers, but a people who were intelligent and warlike, and who had been recently emerged from the habits of barbarous life, and from the misfortunes of civil discord. He believed the wisest and best plan the house could pursue would be to adopt some very simple scheme, such as that which he now proposed, as a temporary measure, leaving to the Governor of New Zealand and his council a very large discretion as to the course they might think it expedknt to adopt. He (Mr. Labouchere) did not consider that it was necessary for him to detain the house any length on this subject ; but he might observe that those gentlemen who consulted the documents which had been laid upon the table would find in them a complete and circumstantial narrative, on the part of Govenor Grey, of the circumstances which had induced him to apprehend that unfortunate results might follow from immediately bringing the charter into operation in the colony. He would oniy add, that it was not quite clear, from Governor Grey's despatches, what course he had pursued. He (Mr. Labouchere) thought it was evident, that in the northern province of New Zealand (New Ulster) where Governor Grey seemed to think that the immediate promulgation of the charter was inexpedient he, (Governor Grey) had taken upon himself the responsibility of not promulgating it ; while it was probable that in New Munster, where similar difficulties did not exist, measures might have been taken to carry the charter into effect. Her Majesty's Governmenc had considered, however, that greater evils would result from establishing these institutions in one part of New Zealand, and leaving them in abeyance in another, than would follow from the postponement for a time of their introduction. He (Mr. Labouchere) thought it was most advisable that the Governor of New Zealand should be apprised as speedily as possible of the intentions of the house ; and he had no doubt they might safely leave to the judgment and discretion of the gentleman who now held that appointment the task of dealing with the existing state of things. He must observe that it was manifest that, under the wise and temperate administration of Governor Grey, very great alterations for

the better had been made in the colony ; tranquillity had been restored ; good feeling and harmony had been revived between different classes of her Majesty's subjects ; the revenue was improving ; and he trusted they might look forward to the period when the colony of New Zealand would become one of the most valuable and useful possessions of the British Crown. (Hear, hear.) The right honorable gentleman concluded by moving for leave to bring in a bill to suspend, for a limited time, the operation of part of the Act for making further provision for the government of the New Zealand islands. The question having been put, Mr. W. E. Gladstone observed, that he entirely agreed with many of the observations which had fallen from the right hon. gentleman and he (Mr. Gladstone) was more especially ready to re-echo the expressions which had been used by the right honorable member with respect to the character and conduct of Governor Grey. He had been glad to hear the terms in which the right honorable gentleman had spoken of the native inhabitants of New Zealand ; because he did not think, that on all occasions, there had been an equal disposition to recognize the great capabilities and noble qualities of the aboriginal race. He considered that they had, in the case of the islands of New Zealand — with, perhaps, the single exception of their West India Islands — the most interesting and hopeful instance of juxtaposition between European civilization and aboriginal races which the world could present ; and he believed that if the house would exhibit towards the New Zealanders that pa-, ternal care and tenderness which it was their bounded duty to extend to them, they might witness a satisfactory, a peaceful, and a glorious issue to the Christian, philanthropic, and enlightened labour which had been bestowed upon the colony. (Hear, hear,) The right honorable gentleman (Mr. Labouchere) had stated that the late Government had left upon record proofs of their desire to grant free and representative institutions to New Zealand. The statement was perfectly true ; but there had undoubtedly been a difference of opinion between the late and the present Governments as to the most speedy and effectual method of realizing that great object. It was the opinion of the late government that the best mode of attaining that end was to incur, in the first instance, the delay of a reference to Governor Grey. When he (Mr. Gladstone) had the honour of holding the seals o! the Colonial Office, the Government with whom he acted believed that any steps which would have the effect of binding the hands of Governor Grey or of committing the authority of ihe Government or of Parliament to the particular form of the institutions to be adopted in New Zealand would be ill advised, and would be likely ultimately to lead to the loss of time which such measures were intended, in the first instance, to avoid. He (Mr. Gladstone) readily gave the noble earl at the head of the Colonial department the greatest credit, not only for the motives by which he had been governed, but for the zeal and energy with which he had proceeded in tlie execution of this portion of his duties : but he must say that he thought the noble Earl's zeal had in this particular instance a little outrun his discretion, and that he would have more effectually consulted the dignity of the Crown and the welfare of New Zealand, if he had been content to refer to Governor Grey, and to obtain his deliberate judgment on the subject, rather than to anticipate what that judgment might be, and send out instructions which, however ingeniously devised and plainly expressed, were almost certain to be ill suited to the actual circumstances of the moment in New Zealand. (Hear, hear.) With regard to this Bill, he (Mr. Gladstone) considered that the right hon. gentleman by whom it had been brought forward, had made out a good case ; but, at the same time, he must say, that some of the provisions of the measure appeared to be of a peculiar nature. He did not make this observation with a view of impeaching the wisdom of the measure ; but he thought it was a reason for abstaining from any detailed discussion of the provisions of the Bill until they had had an opportunity of giving it mature consideration. As far as he (Mr. Gladstone) understood the statement of the right hon. gentleman, his proposal almost amounted to placing the whole discretionary power with respect to representative institutions in the hands of the Governor ; that certainly was, on the one hand, a very extraordinary demand ; but on the other hand, he (Mr. Gladstone) was free to say that, according to his judgment, there never was a man in whose hands extraordinary powers could be more safely placed than in those of the present Governor of New Zealand. (Hear, hear.) He (Mr. Gladstone) considered that everything that could be done upon the strength of confidence in an individual, and in deference to the principle of allowing local knowledge and experience to prevail over speculations formed at a vast distance, ought to be done with respect to the bill about to be laid upon the table. He

would not on this occasion enter further into a discussion of the Bill; but he begged to say a few words on a portion of the subject which had been referred to by Earl Grey in his despatches, he alluded to the disposal of the public lands in New Zealand. At the commencetnent of the present session he (Mr. Gladstone) inquired whether it was the intention of the Government to lay upon the table the answer of Governor Grey to the despatch of Earl Grey, dated the 23rd December, 1846, and particularly that portion of the answer which related to the disposal of public lands. He also asked whether the reply of Earl Grey to that answer would be presented to the house. In the papers which had been delivered that morning, he found the acknowledgment by Governor Grey of the arrival of Earl Grey's despatch, and also a second despatch of the same date from Governor Grey referring to a protest of the Bishop of New Zealand ; but he did not find any despatch referring to that portion of Earl Grey's despatch which related to the disposal of public lands. He concluded, however, that if such a despatch had arrived it would speedily be laid upon the table, and that if it had not arrived they would not have long to wait for it ; but in the absence of the important information which he was anxious to obtain from the document to which he referred, he should occupy the time of the house unprofitably if he entered upon a discussion of this subject. The despatch of Earl Grey, which closed the papers that had today been laid on the table, referred to the protest of the Bishop of New Zealand, dated the Ist of July, 1847, in which the Bishop, assuming and believing that Earl Grey's despatch on the disposal of public lands asserted doctrines at variance with the treaty of Waitangi, deemed it his duty to protest against such doctrines, and stated that he would think it proper to instruct the people committed io his charge in the rights which they had acquired as British subjects under that treaty. Of course the merits of that protest depended essentially on the main question, whether Earl Grey's despatch was really at variance with the treaty of Waitangi — a question which at that time he (Mr. Gladstone) could not discuss. But, passing by that question ior a moment, he must say he hoped the house would recollect the peculiar position in which the Bishop stood with respect to the enforcement of that treaty. He (Mr. Gladstone) confessed that at first sight a protest like this, with regard to a civil matter, had much the aspect of a gratuitous and wanton interference on the part of a spiritual person (cries of hear, hear) with civil and political affairs ; but any attention to the course of events must convince honorable gentlemen that there was no ground for such a charge in this case. (Cheers.) iie (Mr. Gladstone) would also presume to say that the slightest knowledge of the character of the Bishop of New Zealand would convince any gentleman that there was no person less disposed to mix in such matters, or more entirely and ardently and exclusively devoted to the duties of his sacred calling. (Hear, hear.) Nay, he (Mr. Gladstone) would even say that the Bishop of New Zealand had a shrinking aversion to political affairs, and that he was most anxious to draw clearly and broadly '.he line of demarcation between his office and the functions of the civil magistrates. But in this particular iustance the clergy were the chosen instruments of the Government for "contracting the treaty of Waitangi and establishing the Government of the Queen. The treaty was made known to the natives through the medium of the clergy, to whom its construction was in a great degree committed ; and it therefore became the duty of the clergy, and of the Bishop, as their head, to see that public faith, as conveyed through them, was carefully guarded and kept strictly inviolate. On the ground, therefore, of maintaining and vindicating the pledges given by the clergy to the native population, and not from any general disposition to interfere in civil matters, the Bishop had found it necessary to make himself a party to what he (^Mr. Gladstone) believed he would otherwise have gladly avoided. He (Mr. Gladstone) had not anticipated that in that house this prima facie objection to the proceeding of the Bishop would be taken by any one acquainted with the affair. There was, however, in the despatch of Earl Grey one assumption which he thought was important on the one hand, as it was clearly erroneous on the other. The noble earl said that he did not for a moment doubt the sincerity of the assertions made by the Bishop, but he (Earl Grey) feared it was impossible that language such as that of the protest could be announced to a people who had so lately emerged trom habits of the most savage barbarism, wiihout producing very serious consequences. He (Mr. Gladstone) confessed that he would have been disposed to agree in opinion with the noble earl, if this document had been addressed by the Bishop to the natives ; but he did not find in the protest any indication that it was intended for the

cognizance of the natives. Although he knew nothing of the existence of the protest until that day, he could not believe that it had been intended to be made public in the colony, and he must continue to believe so in the absence of all direct information to the contrary. It was perfectly consistent with all the known circumstances to suppose that the Bishop had addressed the protest to her Majesty's representative at the head of the civil Government, as a person for whom he had the utmost respect, in whom he placed confidence, and whose authority he was desirous in every way to support, and to whom he thought it his duty to give the first notice of the appearanre of any circumstances which seemed likely to divide the duties of the bishopric from the duties of the Government. If that should prove to be the case, he apprehended that the Bishop would not be open to the charge of having addressed language which was likely to operate on the feelings of a native race of excitable temperament under the circumstauces which Lord Grey assumed. Perhaps the right honourable gentleman, when he should answer the inquiry which he (Mr. Gladstone) had made, relative to the despatch of Governor Grey with respect to public lands, would also state whether the Government was in possession of any information which showed that the protest was published by the Bishop in the colony, or whether — for anything the Government knew to the contrary — he might not be right in presuming that the protest was only a communication addressed to the Governor himself by the Bishop, in which the latter expressed his strong and conscientious feeling with regard to what he deemed the breach of a solemn treaty between her Majesty and the native chiefs ? If the despatch of Lord Grey coould be reconciled with the tieaty of Waitangi — if it were conceived in the spirit of that treaty, it was an unfoitunate circumstance that the despatch should have been misapprehended by an individual possessing such weight — derived both from his own personal character and the sacred office which hefilled — as the Bishop. All who were acquainted with the character of the Bishop must be aware that he was not less distinguished for the sobriety of his disposition than for the prudence and practical bearing of every step he took, as well as for his ardent enthusiasm in the discharge of the duties of his calling. (Hear, hear, hear.) Nothing could be more improbable than that the Bishop should have gratuitously addressed to the native population, language which, he (Mr. G.) must admit, it would be most unwise to use in appealing to them. He earnestly hoped that, for the sake of the bishop himself, and for the sake of the individual charged with the responsibility of maintaining the peace of the colony and the authority of the Crown, the supposition on which Lord Grey had proceeded with respect to the protest would prove to be erroneous. (Hear, hear.) The right honourable gentleman concluded with expressing a desire that the introduction of the bill would meet with general assent, and that after the recess it would obtain from the house a degree of consideration proportioate to its importance (Hear, hear.) Mr. Y. Smith said, that he listened with sorrow to the speech of the right honorable gentleman who proposed to introduce this bill ; because he had hoped, that after all that had been done with respect to New Zealand, the colony would at last be allowed a little repose. He concurred with the right honorable gentleman in looking upon New Zealand as being the colony most congenial in feeling and interest to the mother country of any we possessed. It resembled England in soil and climate, and the aborigines possessed much of the energy, enterprise, and intelligence, which distinguished the Saxon race. These circumstances gave the colony a peculiar interest in the eyes of the people of this country. He suggested that when they were about to suspend the political constitution of the colony, it would be as well td suspend its territorial constitution also. There was no person to whom he would be more disposed to intrust ample discretion than Governor Grey, and he hoped that henceforth the Gove;nment would endeavour to select colonial governors like him, who owed his advancement to no party feeling or family connexions. It was, he admitted, difficult to determine beforehand what man would make a good colonial governor, for, however well fitted for the office an individual might appear to the authorities at the Colonial Office, it not unfrequently happened that when he established himself in his colonial government, the parading of troops, beating of drums, and salvos of artillery turned his head. (A laugh.) Another point to which he wished to call the attention of the Government was, the necessity of not crippling too much the power of the Governor in the colonies. The right honorable gentleman who had just sat down had made a very elaborate defence ot the Bishop of New Zealand. He (Mr. Y. Smith) entertained great respect for the character of that right rev. gentleman ;

but if he were to judge of him only by this protest, he must say that he was the most agitating bishop he had ever seen. Hon. members had that morning seen evidence of what agitating bishops could do (Hear, hear, and a laugh) ; but this right rev. gentleman went further than any of them. He said, in reference to the doctrine propounded by Earl Grey in his despatch — " Against this doctrine I am called on to protest as the head of the missionary body." It would be observed, that he did not say — " as the head of the clergy of New Zealand," but " as the head of the missionary body ;" and he (Mr. Y. Smith) could not help recollecting how often the zeal of the missionaries in New Zealand had overstepped their discretion, and injured the cause, and retarded the prosperity of the colony. The bishop also said in his protest — " It is my duty, and I am determined, God being my helper, to inform the natives of their rights and privileges." It was evident, therefore, that the bishop intended to agitate on the subject, and he (Mr. Y. Smith) thought that the phrase " God being my helper," was one of the strongest expressions which he ever recollected to have been used by a bishop when speaking of civil and political rights. He could not help thinking that the right rev. gentleman would be more likely to impede than to .assist Governor Grey in New Zealand, and he trusted his right hon. friend would not be scrupulous in entrusting Governor Grey with ample powers, and that he would also be very careful how he fettered his discretion, by obliging him to consult others in the colony. Mr. R. Palmer said, that though he was a member who had but lately entered the house, it was impossible for him to sit in any assembly of Englishmen where, humble as he was, he had to represent important interests, and silently hear assailed a man whose virtues and abilities he believed to be of the highest order that ever honoured the character of a Christian bishop (hear) ; a man who had done, not merely to the advancement of the religion of that church which it was his duty to maintain and uphold, but also of those political institutions which were the subject of the deliberations of the house, more genuine service than had been done, or could be done, by any body in New Zealand — services which he (Mr. Palmer) knew would be appreciated hereafter in this country, and which were now appreciated and understood in the country which was the subject of debate. (Cheers.) He had heard with great satisfaction the whole, he might say, of the speech of the right honorable gentleman the President of the Board of Trade : but most particularly that of which referred to the native aboriginal population of New Zealand, because he had shared that feeling which he was sure all students of modern history must have entertained, with reference to the events which had attended the march of civilisation. The conduct of Spain towards the natives of the countries which she overran was marked by bloodshed, cruelty, and rapine ; she trampled upon them, treated them with utter contempt, dispossessed them of their land, made their persons her property, and finally exterminated them from the face of the earth. He believed he might say that though this country had some crimes of this nature to answer for, we had less than many other nations ; and certainly, when we come to New Zealand, our coming there was not an alarming circumstance for the friends of humanity to contemplate. Those missionaries who had been spoken of, and of whom he should have a word to say by and by, long before any pretensions to the territory of New Zealand had been made on the part of the British Crown, had left all they valued in the world to carry knowledge, virtue, and cilization, among a people, to go imong whom was to encounter persecutions scarcely less serious than those which the early Christians had to endure. (Hear, hear.) - They were the pioneers of civilization ; they taught these people to know something of a higher life, beyond this world, and in it too (hear, hear) ; they laid the foundation on which a promising superstructure had since been raised ; and it was to them that we owed this great fact, that Ministers were now enabled to come forward and say that there was a just ground for hoping that the aboriginal inhabitants of New Zealand might be incorporated as British subjects, and admitted to participate in the benefits of our political institutions. If the natives were found to be intelligent, possessed of cultivated minds, and imbued with the principles of religion, all this was owing to the missionaries, who had been spoken of with so little respect. It might be there were some in whom zeal had outrun discretion — not that he should accept as conclusive the dictum of every bonourable gentleman who spoke on the subject, because the honourable gentleman and the missionaries might be impressed by different ideas. The missionary looked beyond the present ; he bad higher principles, higher objects in view. Even then, if he did not express himself *too warmly, he (Mr. Palmer) was persuaded that it would be far more for the in-

terests of the colony that the voice of the missionary should be lifted up for the instruction of the natives, because he knew in what way the moral feelings of the natives were touched. Not only did we hear from the missionaries the most satisfactory testimony to the qualities of the native race, but even the history of the collisions which had taken place afforded, he would venture to say, corroborative evidence of what noble materials these people were made. Even their rebellion, though it might be a question how far that term could be applied in all its strictness to their proceedings, was conducted in the most humane manner, and in accordance with the spirit of civilized warfare. They acted in the rebellion as well as men could do who were rebels. He had detained the house too long (cheers); but he wished to say one word with respect to the protest of the Bishop of New Zealand. The Bishop of New Zealand thought, and he (Mr. Palmer) confessed that, on reading Earl Grey's despatch he thought also, that the despatch was intended to inculcate a certain principle in dealing with all questions that could arise with respect to the title of the natives to the land. As be read the despatch, it amounted to this : — "You have recognized certain territorial rights in the natives already ; do not go beyond that ; and take this principle as your guide in future, that they have no territorial rights at all." Now, it should be recollected that the missionaries and the Bishop of New Zealand were the persons through whom the Government of this country had dealt with the natives. The missionaries carried on the negotiations ; they understood the sense in which the natives understood the transaction with them ; and could it be otherwise than the duty of these men to protest, in the most public and emphatic manner, against an act which appeared to them to be, not a mere abstract enunciation of a formal principle, but one which practically altered the whole course of our policy on questions connected with the possession of land, and which was directly opposed to those principles which the Bishop and the natives understood to be the basis of the treaty 1 With regard to the language of the protest, he thought that it had been somewhat misunderstood. All that the Bishop said was that he would, in a manner consistent with the dignity of his station, by all lawful means in his power, teach the natives in what way they should exercise their undoubted rights and privileges. All depended upon the way in which the Bishop acted upon that announcement, which was not made public to the natives. It seemed to him (Mr. Palmer) that the Bishop had done no more than state, very clearly and plainly, what was the course which he should pursue, and that his language did not tend in the slightest degree to agitation or disturbance. He (Mr. P.) knew, and everybody who was acquainted with the Bishop of New Zealand knew also, that the words with which he had accompanied the declaration of his intentions were not mere words of hollow qualification in his mouth. He would speak strongly to the Governor, by whom, if he were open to censure, he would be censured ; and to the natives, if he said that he would speak as a Bishop ought to speak, he (Mr. Palmer) knew he would do so, and that he had done so, he (Mr. Palmer) was as firmly convinced as any one could be. (Hear, hear.) Mr. Hume considered the reasons assigned by Governor Grey so clear and satisfactory, that he entirely concurred in the motion. He confessed that he, for one, deeply regretted what appeared to have been the conduct of the Bishop of New Zealand. He also regretted to hear the speech of the honourable gentleman who had just sat down ; for, allowing eveiything which the honourable gentleman had said of that Bishop to be perfectly true, still he (Mr. Hume), when that Bishop was sent to New Zealand, could only judge of him by his conduct there. Of all the documents connected with the colonies, he could find none in which there was such a manifestation as in those connected with New Zealand, of any Bishop or clergyman so standing up and bearding the Government, and declaring that he would dispute the orders, not merely of the Governor, but of the Secretary of State for the Colonial Department. (Hear, hear.) What did the Bishop find fault with ? Lord Grey, with a view very properly to close the disputes connected with land, which placed the colony of New Zealand in an unsatisfactory state, endeavoured to point out to the Governor what ought to be the principle in reference to that subject ; and one of the rules was, that the savages in New Zealand were to have no right to the land which was unoccupied or unsubdued for the purposes of cultivation. The Bishop referred to this as a doctrine which he was determined to resist ; and he was prepared to teach the inhabitants of New Zealand that they had a right to all the land in the colony, and that any attempt to displace them was a violation of their rights. That was the way he, (Mr. Hume) construed

the language of the Bishop. He, therefore, considered that this document, proceeding from the Bishop, only showed that that venerable prelate, who was described as being so amiable until he left this country, must have had his head turned the moment he landed in New Zealand by the salvoes of artillery which announced his landing there. (" Hear, and laughter.) Yet this was an individual, whom the people of England vi ere paying — £600 was the amount ot the salary chaiged in the last estimates. When the bishop was sent out he (Mr. Hume) objected to any expense, and he would now ask were they to pay a man to become a firebrand in the colony ? If the bishop differed from the Secretary of State, was it becoming in him, being next in rank to the Governor, to take on himself to proclaim to the inhabitants that the authorities at home were exercising arbitary and unjust authority? (Hear) After reading the papers laid before Parliament, he (Mr. Hume) came to the conclusion that it was the duty of the Government to re trove the bishop to a better climate and a more favourable station. At any rate, that house could stop his salary at once (" Hear," and a laugh.) The house bad been told that these missionaries had taught the people of New Zealand Christianity ; that they had reformed the cannibal habits and barbarous usages of the natives ; and that it was through them that the colony had been brought to peace. The honorable member who last spoke had told the house that these missionaries had sacrificed everything to promote the cause they professed. And yet he (Mr. Hume) asked what had been the result 1 If he recollected aright, the Church Missionary Society, and other bodies from whom they received money, bad written out to these missionaries to say that they were forgetting their mission. They represented that they had not sent them out to become great proprietors of large estates and jobbers in land, but to be the propagators of Christianity. It did not appear, however, that these missionaries had exercised the virtues of self-denial, because they had absorbed 96,000 acres of land, holding out to the natives that because of their sacred calling, they were privileged to buy land, but inducing the natives to resist every other person doing so. (Hear, hear.) So that the authorities at home were obliged to send out positive orders that they should not proceed in a way which was disgraceful tojtheir calling. One missionary of the name of Williams was mentioned to be in possession of 30,000 to 40,000 acres. He (Mr. Hume) considered it to be a great misfortune that the colony from the first had been in the hands of these intriguing missionaries. From them had proceeded the distrust and hatred of the British Government, and the unfortunate collision which had taken place. On this ground he was sorry to hear any one commending men who had caused such results, and he also regretted that any language should have been held to the effect that the ecclesiastical power should be predominant in the colony of New Zealand. If that were to be the case where were they to end ? He had always been accustomed to regard the ecclesiastical power as subordinate and obedient to the civil power. Were they now to have a bishop and his clergy bearding the Governor of a colony 1 (Hear hear.) He hoped the Government would make Governor Grey dictator until he was free from such meddling and dangerous interference. And he also hoped that this would be a lesson to the present Secretary of State for the Colonies not to send out more bishops. (Hear, hear.) He (Mr. Hume) was not sorry that the Government had got a lesson on this point, and he hoped it would teach them to be more prudent in future. Mr. Cardwell said, that the present bill was one step proposed to be taken in respect to that difficult problem which they were endeavouring to solve — the government of New Zealand. He hoped that it would not be made the occasion of manifesting any other spirit or feeling except a sincere desire on all parts to promote so desirable an object, though at present it must in candour be admitted, that their progress towards the desired end was not very great. As far as he could collect from the statement of the right honorable gentleman they were now called on to cancel most of what they had done in reference to New Zealand, with the exception of the municipal institutions, and to make also some alterations in those municipal institutions, in respect to the exercise of the privileges. (No!) He said, yes : for if the Governor were to have the power to give a certificate, constituting the qualification of the elector, that was an important alteration. He only referred to this matter for the purpose of showing how difficult was the experiment they were making, in applying the constitutional forms of Europe to the aboriginal inhabitants of New Zealand. In solving this problem he hoped that the Government would not be guided by the advice of the honorable member for Montrose. He (Mr. Cardwell) must say, that if the learned and most estimable prelate of New Zealand, forming an opinion for himself on a matter in

respect to which he believed he had contracted a solemn responsibility, were not to be allowed to address to the constituted authorities, and to the Secretary of State for the Colonies, his firm and steadfast remonstrances, then constitutional liberty and freedom of discussion must be considered at an end in New Zealand. (Hear.) He would not consent to the abolition of constitutional liberty and popular discussion ; and whether it shonld turn out that the Bishop of New Zealand was right or wrong in his opinion, and which they would know more about when they came to a deliberate discussion of this matter, he said it was intolerable to hear in the House of Commons a man called a turbulent priest, and such other terms as the hon. member for Montrose had used, because in firm language he had addressed a remonstrance to the Secretary of State through the Governor of New Zealand. Mr. Hume said he had not used the termsmentioned by the hon. gentleman. Mr. Card well was sorry if he had mistaken the effect of the honorable gentleman's observations. Mr. Hume — But I have no objection to calling the bishop a turbulent priest. (A laugh.) Mr. Cardwell continued — Then he was in the judgment of the house, and those who heard the honorable gentleman would form for themselves an opinion whether the language the honorable gentleman had applied to the bishop of New Zealand was such as was justified iv its application to a person making a firm remonstrance through the constituted authorities to the responsible Government of New Zealand. The honourable gentleman said he did not know much about tbe bishop, and thought that his having landed in New Zealand under a salute of guns had turned his head. He was exceedingly sorry for the honorable gentleman, for if he had read the despatches that had been laid on the table of that house with respect to the conduct of the bishop when he was amid the sound of artillery, when he was amid the din and smoke, not of a salute, but of actual battle — and had found that the dangers he then saw did not turn his head or discourage him from being in the thickest of the clanger and rendering to the sufferers that assistance which became his situation, he thought the honorable gentleman would be of opinion, that the head of the bishop was not easily turned by the sound of a salute. (Hear, hear.) Then the honorable gentleman expressed his hope that, at all events, the salary of the bishop would be stopped ; and, pursuing his idiosyncrasy, he recollected that in the last miscellaneous estimates there was an entry of £600 for the salary of the bishop. He had not the honour of being in the confidence of the bishop with respect to his salary, but he did know his character, and he ventured to tell the honorable gent eman, that if there was a living man upon whom the fear of losing a stipend of £600 a year, allowed to him by that House, would be utterly inoperative to deter him from what he believed to be his duty, that man was the bishop of New Zealand. (Hear.) He had been drawn into these observations because he thought it was intolerable that language of such a nature as they bad heard that evening should be addressed to a person of great respectability and eminence, for what he believed to be the discharge of his duty. (Hear, hear,) He had purposely forborne to enter upon the question whether the bishop was right or wrong in this matter, but he had yet to learn that a person's being right or wrong in the precise opinions he had formed was to be the measure of his liberty to express them. The bishop of New Zealand represented a body of persons of whom all the authorities who had filled the Colonial Office had spoken in terms of the highest respect. He held in his hand a document showing the language in which the noble lord at the head of the Government, when he filled the office of Colonial Secretary, spoke of the clergy and missionaries. He spoke of them as all others had, in terms of the highest respect. We had obtained possession of New Zealand by treaty. We had formally, studiously, and ostentatiously disclaimed all right of sovereignty by the title of discovery : wisely or unwisely, we had obtained possession of it by treaty. We chose the missionaries as the negotiators of that treaty, and there was a remarkable scene, which had been described before in that House — in which the New Zealanders debated whether they should or should not make a treaty. The argument used by those who would have dissuaded them from it was this : — " Your land will be taken from you." The argument of the missionaries on behalf of Great Britain was, — " Your land shall not be taken from you ;" and the New Zealanders then, in their own figurative language, said — "We quite understand it. The shadow of the land goes to Queen Victoria — the substance remains with us." (Hear, hear, hear.) He did not think that that was an occasion for entering upon a long discussion, as to the true interpretation and right application of the

treaty of Waitangi ; but it was impossible to deny that the responsibility in regard to it rested on the missionaries we had employed to conduct it ; and it was also impossible to deny that it was right to respect their sense of their responsibility to the Government. If the bishop had been guilty of acts as an agitator, he would be deeply culpable and seriously responsible ; but they had no evidence whatever that he had done anything except addressing the Governor, and, through the Governor, the Secretary of State. He knew no right more inherent than that of an Englishman, in any situation, to state, in firm and temperate language, his opinion on a matter for which he was responsible to the Government ; and he begged to enter his protest against the censure, which was now sought to be cast upon the Bishop of New Zealand for having done so. Mr. Aglionby regretted very much that during the course of this debate many remarks had been introduced which had caused irritation, but he must confess that it was not the fault of the Government or of the right honorable gentleman who had brought this subject before the house. He regretted also .that the protest which had been referred to should have been made by the Bishop of New Zealand ; but he hoped and trusted, that further reflection might have induced the bishop to be contented with having made it, without anything more. With respect to the observations of the honorable and learned member for Plymouth, that honorable and learned member surely never could have read many of the Parliamentary papers with respect to the conduct of the missionaries and the treaty of Waitangi. It had been heard in that house, and had never been refuted, that the missionaries were not all of that high class of character which some might suppose clergymen who were sent out of this country should be. No doubt there were many most excellent men amongst them; but others, from personal motives, had allowed political feelings to interfere with the performance of their duty. It would be recollected, that when the treaty was made, the missionaries became purchasers of land. That was contrary to the rule of the society, and, if he mistook not, he had seen a resolution of the Church Society condemning such a practice. He regretted to say that too many of those connected with this matter had used their utmost endeavours to prevent the colonisation of New Zealand. In the course of the present discussion the house had heard many and warm praises of the natives of the colony, but he could not help saying that he thought the aborigines had been praised rather too much — they certainly were a fine people, an acute race ; that they readily assimilated to Englishmen there could be no doubt; that as labourers they kept their time ; that they were sober; nay, that they had sufficient of the principle of union in them to form a sort of joint stock company for the purpose of carrying on a water mill, but still they were quite overpraised. No doubt they would progress if they were let alone; but to talk of their humane qualities, and of their humanity in war, was going too far. Ought it not to have been well known to gentlemen who spoke in that strain that the body of a British officer killed in the war had been mutilated for the purposes of cannibalism. ? He had in his hand a communication, on the authority and accuracy of which he placed full reliance, stating that a woman and four children had been barbarously murdered by natives of New Zealand, that her body also had been mutilated for the purposes of cannibalism, and that a portion of it had been eaten. Still he did not deny, that all things considered they were a fine set of people, and, if left to the management of Governor Grey, he had no doubt that the colony would be of great advantage to this country. He was rejoiced, then, to find a bill introduced for the purpose of giving municipal charters to the settlers in New Zealand. He hailed it as an improvement, and he yielded freely to the arguments and reasonings of Governor Grey. As to the New Zealand Company, he could not help saying, as he had done upon former occasions, that their proceedings had been very much misconceived. No bill designed for the purpose of making them legislators had ever been introduced — at least, as far as his knowledge went, he could say that nothing of the sort had been attempted. The Company never had assumed or wished to assume, the character of legislators, or that of governors ; and as to the commissioner, he was not to go to New Zealand, — he was to sit in London and nowhere else, and his functions were to continue so long as any debt remained due by the Company to the Government. He had heard it said that strong powers were given to the Governor, but he contended that that confidence was not misplaced. For bis part, he thought the right honorable gentleman was right in giving that power. Sir E. Buxton rose merely for the purpose of saying that, whether the Bishop of

New Zealand was a good, and sensible, and discreet man, or the contrary of all these, he had in the present instance done his duty, and no more than his duty. The bishop having been a party to promoting the treaty of Waitangi, he justly felt it his duty to see that the whole of its provisions were fairly carried out. Mr. Plumtree observed that the missionaries had been greatly calumniated, although he agreed with the honorable member for Plymouth, who had recently addressed the house with great ability, that they might have been seen stepping somewhat beyond the bounds of prudence. The missionaries had been accused of grasping too eagerly at the possession of land, but when they found themselves, as many of them were, surrounded by large families, was there anything so very unreasonable in their endeavouring to appropriate a few acres ? Mr. Labouchere trusted that the debate would go no further. (Hear, hear.) There had been one or two points raised in the. course of the discussion to which he was now under the necessity of adverting. The right honorable gentleman the member for the University of Oxford, and afterwards other honourable members had referred fo the conduct of the Bishop of New Zealand. He (Mr. Labouchere) had studiously avoided broaching this subject, but some explanation the house would probably now think called for. He had not the honour of a personal acquaintance with that right reverend prelate, but from all he had heard of him he could assure the house no one was more persuaded than he was that the Bishop of New Zealand was incapable of doing anything but what appeared to him to be strictly in accordance with the dictates of his conscience. The right reverend prelate might fall into a mistake, but there was no doubt he had in this case believed he was acting rightly. But this was not now the question ; this was not the way in which the subject had come before the house. The Bishop of New Zealand offered a formal communication to the Governor of the colony, desiring it to be transmitted to the Secretary of State. The intention in taking this course was very plain. There was a diversity of opinion between the Bishop and the Executive Government on that which was the nicest and most delicate of all subjects — a subject which had filled New Zealand with blood and outrage — the possession of land (hear); and, in consequence, in a formal document, the right reverend prelate announces his intention " God being my helper," as he said, "to use all legal and constitutional measures befitting my station to inform the natives of New Zealand of their rights and privileges as British subjects, and to assist them in asserting these rights, whether by petition to the Imperial Parliament or other peaceable means." Now, this obviously was a declaration of a resolution on the part of the Bishop to inform the aborigines that he altogether differs from the Executive Government on this point, and to assist and aid them in resistance. (Hear, hear.) It naturally occurred to his (Mr. Labouchere's) noble friend the Secretary for the Colonies, that this was a most unfortunate step for the right rev. prelate to take, and he (Mr. Labouchere) thought, in the responsible situation which he filled, that his noble friend could not under the circumstances have refrained from expressing, as he had done, in respectful, but in the most decided terms, his great regret that the bishop had so acted. He (Mr. Labouchere) had come to the same conclusion as his noble friend ; he could not but regret that in this way the right reverend prelate should put himself in opposition to the Government, and commence a course of agitation. ("Oh, oh.") Why what else was it? A man, following the sacred functions of a bishop, goes among the natives exhorting them to petition ; and what was that but what was commonly termed " agitation ?" (Hear, hear.) A more ill advised course could not have been pursued (Hear), and the Government had in consequence been compelled to notify their great disapprobation. (Hear, hear.) The right honorable gentleman had asked if any other documents relating to this subject than those laid on the table had arrived from New Zealand ? He believed not ; the House was now in possession of every document throwing any light upon the subject. With respect to the next point which had been raised, he quite differed from the right honorable gentleman in the observations he had made on the abstract opinion expressed by his noble friend (Earl Grey) in addressing the Bishop of New Zealand. The right honorable gentleman was wrong in supposing that his noble friend had put no restriction on that opinion. He certainly laid down a principle on which to proceed, but he most distinctly qualified his remarks. The language, in fact, was very scrupulous. In recommending a better principle than that before recognized in reference to laying claim to the land occupied

by the natives, he said he had endeavoured to guard himself against being supposed to enforce it as applicable to the present state of New Zealand. The bishop, therefore, was not justified in assuming that the noble lord had laid down an abstract principle on .rwhich it would be expedient at all times to act. The honorable gentleman the member - for Liverpool (Mr. Cardwell) had seemed to reproach the Government for having destroyed the municipal institutions of New Zealand. So far from that being the case, j the only alteration contemplated was in the sense of enlargement ; it was merely proposed to facilitate the communication of the municipal franchise to the aboriginal natives who might reside within a certain district, by empowering the Governor to grant them certificates as persons qualified to enjoy such privileges. There was no intention of proceeding with any of the further stages of this Bill beyond the second reading, until after the recess. The only desire in now introducing it, was to leave no doubt on the minds of the natives of New Zealand as to the good wishes and motives of the Government. The Bill would probably lead to a protracted discussion ; but to the principle — the suspension for a time of the representive system in the colony of New Zealand — he hoped a general consent would now be given. (Hear, hear.) He would propose the second reading on Monday, so that it might at once be sent out to the colony, and the committee he would be glad to defer until after the recess. Lord Clive thought the right honorable gentleman who had just sat down had no right to take for granted that the Bishop of New Zealand had entered upon a course of agitation. There was a protest, it was true, but there was no document whatever to show that there had been any agitation. With regard to the question of land, the honorable gentleman (Mr. Aglionby) showed a great difference between his colonial and domestic policy. At home on any question of inclosure or cultivation of wastes, he had the most profound respect for the claims of every person who had a right in the common. But, when questions arose between the natives of New Zealand and the Company, he thought it very wrong the bishop should inform them of their rights as British subjects. j^^^^^^^^^^^^^^^^^J He thought if the natives had no assistance |^^^^^^^^^^^^^^^^^| or counsel, it would be very unfair to them, and a one-sided bargain. (Hear, hear). I^^^^^^^^^^^^^^^^^^H The Earl of Arundel did not see why the j^^^^^^^^^^^^^^^^^| bishop should not instruct his flock on the j^^^^^^^^^^^^^^^^^^H proper constitution of the civil power, and |^^^^^^^^^^^^^^^^^| their own just rights. |^^^^^^^^^^^^^^^^^| Leave was then given to bring in the Bill.i|^^^^^^^^^^^^^^^^^|