THE WAIKATO COMMITTEE.

Colonist, Volume IV, Issue 379, 11 June 1861, Page 3

THE WAIKATO COMMITTEE.

Cmri'Eß 8,

The Machinery of Government in relation to Native affairs. 'Legislative, Executive, Native Sccrctar/s Departmrnt. The two last amalgamotal ly Governor Browne. Mr. G. 0. Davis s Protest. 'Consequences of the fusion of these Departments, as brought to light in the Session of 1800. Reasons for the step, unmasked. Opinion of House of Representatives. In order to comprehend what follows, it is necessary to understand the relations which the several departments of the Colonial Government bear to each other in reference to Native affairs, and what their various functions are.

1. Legislative. —The Constitution Act gives to the General Assembly full powers of legislation in reference to Native affairs (with three exceptions,) subject to the same veto of the Governor, and of her Majesty, as exist in all other matters. The throe exceptions are, Ist. —that the Crown has power to define native districts, within which, as between themselves, Native laws shall prevail; and within which the legislation of the Assemblyis to that extent excluded. No such district has ever yet been proclaimed ; and so far, therefore, this part of the Constitution baa been a dead letter. 2—Another exception is, the acquisition of the Waste Lands by purchase from the Natives; which is also beyond the control of the Legislative power of the Assembly. 3.—And the third exception is a Civil List of £7000 a year reserved for Native purposes. As regards this, a common error prevails in the belief that it is all the money which is specially expended on Native objects. - During the last Session of the Assembly, more than twice that amount was voted for Native purposes, in addition to the Civil List more than £21,000^; proving that the distrust of the liberality of the Colonists which led to that niggardly reservation, was entirely unfounded.

2. Executive Administration.— -This, except as so far as limited by the restriction above referred to, was by ihe Constitution Act, practically placed under the control of tho General Assembly. But in 1856, the Home Government having authorised Governor Browne to introduce the practice of Ministerial responsibility, on the sole condition of the outgoing Executive receiving pensions, he, of his own authority, made it a condition of his doing so, that ho should reserve in his own hands the entire administration of Native affairs. lie agreed to keep his Responsible Ministers informed on all Native matters, and said he would consult upon them ; but in no case would he be bound by their advice, if it differed from his own opinion. Many of the members of the late parliament who were not in the House in 1856 (Dr. Monro in particular,) were during the late Session ignorant of the fact of Governor Browne having reserved the administration of Native affairs, witliotit the authority of the Home Government. It is only right that the fact should be generally known. Ifc was not done without strong expression of dissatisfaction by nearly half the House, nor without prediction of that conflict of authorities, and other lamentable results which have followed. The extremely false position in which the Responsible Ministry placed themselves, as advisers whose advice might be taken or not at the Governor's pleasure, might possibly however not have led to any very serious conflict in action, had not another department existed, not only independent of, but hostile in its very nature to the Responsible Ministry, and which possessed equal, or rather as we shall see, greater weight than it did with the Governor. This was.

8. The Native Secretary's Department. —The head of this department is not one of the ministers, need not be and is not a'member of the Assembly, is appointed and removable by the Governor without the advice of his .Responsible Ministers, his salary secured by the Civil List, and his functions altogether beyond the control of either the Assembly or the Ministry. He has in short nothing to do with what may be termed the Colonists' government. Dulicate and difficult as were the relations which the Governor had established between himself and his Responsible Ministers on native affairs, it may well be believed that the existence of this independent department was not calculated to promote harmony, or to make the wheels of the Governmental machine work in unison. If any thing could with certainty have been predicted of such an arrangement, it would have been conflict and confusion—and if anything is established by the evidence before the Waikato Committee more clearly than another, it is, that conflict and confusion did ensue, and were attended with most lamentable consequences. And what no doubt still further ensured that conflict and confusion, was, that the Native Secretary of Governor Brown (Mr. Donald M'Lean) had been an officer under Sir George Grey, and had imbibed under him a firm belief in the eleemosynary system before alluded to; while the Responsible Ministry were advocates of a system diametrically opposed to it.

. 4. The Native Land Purchase Department— Sir George Grey's forte consisted in administrative ability. His talents as a Statesman in the higher sense of the word, were by no means remarkable, rather the reverse. But he understood mechanically the art of working such machinery as he had to work. He would never have invented the steam engine, but he was capable of making an excellent stoker. Though wanting in tht, capacity for political science, he had great administrative tact; and well knew how to get the kind of work he wanted, out of the kind of men with whom he had to work. He took care among other thii.gs, not to jumble together departments incompatible in their very nature. He understood the necessity of separating the commercial functions of the Government as land purchasers, from its political functions as ruler and adminstrator of Law. If ever such demarcation were necessary, it is in New Zealand, where the utmost jealousy exists in the Native mind on all land questions, and particularly in reference to its sale to Europeans. In Sir George Grey's time the two functions were kept entirely separate. His Land Purchase Commissioner was one man; his Native Secretary another. .He kept each to his proper work; and nothing probably contributed more to the confi- ■ dence in his person which ho established in the native mind, than his careful observance of this rule. Under him the Hon. C. A. Dillon, Captain Symons, and Major Nugent, successively filled the office of Native Secretary; though in truth he -was his own Native Secretary himself. Mr. Donald McLean was his Chief Land Commissioner : and in his own proper place, with blanket on back and a bag of sovorigns in his hand, his entire time exclusively devoted to the business of land purchasing, he was on the whole a successful land purchaser. I say, "on the whole," because the lapse of a few years, has in many districts shewn that his work was far from perfect; the almost countless difficulties which have arisen in the Wnirarapa, on the East Coast, and elsewhere, as to payments to the rightful owners, boundaries, reserves and other matters, being of a character which a little more diligence and care at the time of: the purchases would have easily obviated*

The first great mistake which Governor Browne seems to have made after taking the administration of native affairs into his own hands was the amalgamation of the two departments. Mr. JFenton, who had filled the office of Native Secretary for some months, waspromoted downwards,to that of Resident Magistrate at Whaingaroa, anif the two offices were fused into one in the person of Mr. 'M'Lean, who till that timt had filled the office of Land Commissioner alone. This took place in September or October 1856, about a year after the GovernorV arrival* in the Colony; and it forms a striking commentary on the argument of those who contend that the administration of native affairs should be left in the hands of the Governor, to avoid the lisk'of sudden changes attendant on popular government. At the date when Governor Browne reversed in this particular the policy tf his predecessor, he had had but a few months, and those ocennied with many other matters in. which to master the large subject of the adruiuigtraticmof

native affiiirs. A more entire change, or o no more pregnant with important coiisequencesjCOuld not have proceeded from (ho caprice of a government dependent for existence on popular election. The chango was scarcely effected wlien its coascquences became apparent; nor did they pass tin noticed. Mr. C. 0. Davis, an. officer o f the Native Secretary's Department in the early part of 1857, addressed to the Government a memorandum in which he, very temperately, but very forcibly, pointed out the evils resulting from the fusion of the offices, and suggested a remedy consistent with the principles of common sense, and the received rules of discipline andjarder. The following are extracts from the able*document.

"At a recent interview which took place between the Minister for Native Affairs and myself, 1 was given to understand that no fixed arrangements had been mado in regard to the management of Native matters, and on that occasion I was invited to suggest whatever might tend to facilitate the satisfactory arrangement of the Native Departments. "It may he well to state here, without further preliminary, that the political atmosphere, in respect to the Maori population, seems at present to be surcharged with those elements which portend a storm. The people are unsettled ; and a feverish discontent everywhere pervades Maori society. This is acknowledged by those who are in the habit of entering into familiar conversation with the Native people. Our laws have, in a great measure, ceased to be respected, and the Natives in the principal settlements enact laws of their own, which in many instances affect the lives and property of their fellows.

" The most important feature, however, is tho fact that the Natives generally consider themselves an independent nation, and not amenable to British law. They discuss this subject with great seriousness, and many of the tribes are warmly advocating the election of a Maori King, who will, it is supposed, be able to settle all their grievances, and quiet "the troubles of the land.

" It may be asked, What is being done to lessen the discontent which prevails everywhere among the native people ? The influence of the missionary bodies, in regard to the Maori population, has ceased ; it is at present a mere shadow. The influence of the Government is daily becoming less, owing in a great measure to our want of system. Expediency, not principle, is tke order of the day. And here I would remark that it is. altogether a mistaken notion to suppose that wo are attaching the Natives to us, and securing their allegiance to the Crown, by the bestowment of presents, and granting loans. In most instances this is positively injurious, fostering idleness and covetousness, and causing the chiefs to lay aside that self-respect; which raised them so far above the generality of barbarians. If these statements be correct and I imagine they are not likely to be controverted, as the Natives tell me their sentiments in confidence—surely we should endeavour by every possible means to regain tho influence we once possessed ? Indeed, the safety of the colony depends upon this; it seems to linger upon this point, whether wo are to sever the few ties which bind the Native people to us by continuing the present confused system, or whether a better system should be introduced so as te insure their confidence andrespect. To secure the good management of the Native people, it is absolutely necessary in the first place that proper arrangements should be made in respect to the Native Departments.

" At present the utmost confusion prevails, and I cannot see how order cau be secured, where so many interests clash one with the other. *

" Practical experience has convinced me that little or no order can be maintained, nor the refspect or confidence of the Natives be secured, unless judicious arrangements be made in Native affairs.

" It is my unalterable opinion that there should bo three separate and distinct departments for the conduct of Native business:—'

" 1. An office for all matters relating to the Government and proper management of the Native people, uuder its own head— the Native Secretary.

"2. An office for the despatch of all legal business connected with the Natives, under its own head—the Native Council.

"3. An office for the despatch of all matters relating to land, under its head—the Commissioner.

"By this very simple arrangement of the offices, the complaints; of the natives would be carefully investigated, and all their real wants attended to.

" The benefits that would accrue from the adoption of these suggestions would, I am persuaded, be speedily felt, and that obedience to the Government, which we are unable to enforce, would be cheerfully yielded by the natives, for they wodld discover that their interests were regarded, and that they were really cared for. They are a shrewd and disoerning people very susceptible of feeling, and easily managed; but our conduct towards them should at all times be based upon principles which will bear the strictest scrutiny, as they have.a very high sense of natural justice, and their moral perceptions are of a very snperior order. (> I am not so presumptuous as to assert that the proper arrangement of the Natiye Departments will cure all the evils that at present exist; but the heads of these Departments will be able to confer great benefits on the Nati *c race, and they will be able from time to time to devise plans for the advancsment of the people whose interests they represent.

" I do think that strenuous efforts should be put forth in order that our friendly relations with the Maori tribes may be established upon a firm basis, for whatever may be asserted to the contrary ,* the links which hitherto bound the races together, are being broken, one by one. " I cannot see how this is to be accomplished under the present system, nor does there appear to bo the slightest probability of anything but increased disorder in the Native Departments by their consolidation.

" The political portion of the business, which is hy far the most important, will be completely buried in the multiplicity of land questions which daily arise, and the difficulties in connection with land are likely to increase tenfold. The consolidation of the offices as an experiment, has proved an utter failure. It becomes a question, therefore, requiring the most serious consideration of the Minister for Nativo Affairs as to whether the political branch of the Native Department shall be placed in unskilful hands, and whether the whole attention of its officers should not be directed to the improvement of our relations ■ with the native tribes. Not indeed by foolishly yielding to their prejudices, nor by the bestowment of" gifts, which will never bind them to our cause, but which will tend to make them far more unmanageable. " It should be borne in mind that these persons who are engaged in land matters are almost always suspected of taking advantage: their usefulness in regard to political matters therefore will be limited, and their influence in a great measure will depend upon the amount of money at their disposal. " No presents should ever be given or any loans granted through the Land Office, as these favors aro sure to be considered as so many inducements to sell land. All the Officers acquainted with Maori being placed in the land department, the Governor will be looked upon as a mere land agent, which, of course, will be most derogatory to his Excellency.

" There may indeed, bo some principle which has guided the Minister for native affairs in the union of the native offices; but it appears to many unprejudiced and reflecting minds, that such a union as that of the native Secretary's Department, with the Land Office, is fraught Jwith nnmerous evils, This strange fusion, it is true, keeps us all in a kind of bustle; but what is the result ? the duties are performed with an absence of all judgment ; projects are formed&regnant with theoretical notions which end only in disappointment and vexation ; and while the dangerous experimenn is being made, we are sacrificing our own interest;, and destroying that influence which has enabled us hitherto to gove.ni the restless and warlike New Zealand race. " The desirableness of the officers of the native department having confidence in one another, and acting in concert, is too obrious to need comment: but unhappily under'existing circumstances it is altogether the reverse, . .O.O.Davis."

The writer of the above important and verysuggestive memorandum did not long countinue in the public service. He resigned " because ho felt it to be an intolerable burden to continue any longer in the office; being constantly annoyed by the under clerks in various ways." It is however due to Mr. McLean to state that from him "ho received the greatest courtesy and was generally allowed both liberty of speech and liberty of action.'' But no notice appears to have been taken of the suggestions contained in the memorandum either by. Mr. McLean the Governor, or-his Ministers ; the.combinatlon of the two departments waa persisted in; the various interests continued to clash; and the results followed which the Colony has occasion at this day to deplore, precisely such, as were predicted by Mr. Davis. * *

gTe&C<tt&tnfc<?4