THE WAIKATO COMMITTEE.

F—No. 3

Appendix A. Ministers' Minute (> May, 1857.

independence. Another class appears purely to desire the establishment of law and order, and to be at the fame time sensible that this benefit is only to be attained by the co-operation of the British Government. Between these extremes there are probably many shades of opinion. 5. There is, however, little reason to doubt that, should the British Government wisely and timely afford its countenance to the establishment amongst the Maories of civil institutions suited to their wants, the more loyal and intelligent opinion will speedily become prevalent. 6 As to the ultimate end to which the British Government in these Islands is bound to shape its Native policy, there can be no difference of opinion. Successive Governors have promised, in the name of the British Crown, that the Colonists and the Maories should form but one people, under one equal law ; and no effort must be spared to redeem that pledge. 7. The difficulties in the way of the fulfilment of that engagement are, however, immense ; it being an essential condition that the Natives themselves should be capable of, and consenting to, the promised union ; and ii is no disparagement to the efforts of former Governments to declare that there has, as yet, been made no sensible advance towards such a consummation. 8. Hitherto the dominant political ideas in the treatment of the Natives have been, that they should for the present be left politically to themselves ; and that their own advancing civilization, consequent upon the efforts made for their individual improvement, and upon their extending intercourse with Europeans, would gradually but surely lead to their voluntary adoption of British Law, grounded upon practical experience of its superiorly to their own usages. 9. In accordance with these ideas, no attempt has been made to extend to Native Districts a social organization suited to their actual condition. Indeed, special legislation of this kind has by some been reprobated as inconsistent with the promise of the Natives of a national unity with the British settlers ; the appointment of Magistrates and Native Assessors in a few districts under Sir George Grey's Resident Magistrates' Ordinance, and some trifling modifications of British law which the same Ordinance effects in Native cases, scarcely constitute an exception to the foregoing remark. That Ordinance, which is the only one on the Colonial Statute Book directed to the great end of the fusion of the two races, accords in its main principle with the theory of Native treatment above stated. It merely affects procedure. The law to be administered by the Tribunals it establishes, is British Law ; and the only change is in the mode of administration. 10. But it is not reasonable to expect that a barbarous race should be able to adopt, per solium, the complex institutions of a free British Colony. A transition state must occur, requiring special treatment ; and it may reasonably be objected to the theory of Native treatment above slatrd, that the civilization which is expected to lead to the adoption of British Law can itself only be attained through the medium of fitting institutions ; institutions which, taking the actual condition of the Aboriginal population as the point of departure, provide for its present necessities and for its transition state, and are capable of expanding, in their ultimate development, into the full measure of British liberty. Nor should the letter of promises made to the Natives be pleaded in bar of measures conceived in the spirit of those promises, and directed towards their practical fulfilment. Actual progress towards a real identity of laws is essentially more just, as well as more expedient, than the maintenance of the fiction of an identity which it is notorious does not exist. 11. In the preceding observations there is no intention to reflect upon the past conduct of Native Affairs, as a whole. A certain amount of trust has been inspired in the friendliness and the fidelity of the British Government, which alone is much. The Natives would have been apt to look with suspicion on measures which they had not themselves suggested. It is a new and remarkable feature of the present time, that the wish for better Government has originated with the Natives : they are tiring of anarchy. No such opportunity for an advance as now seems to be opened has been presented to any former administration. 12. There is great reason to believe that the Maories are fully capable of institutions of the character above described ;of institutions, that is, containing the germ of British freedom. They are, to an extent surprising in an uncivilised people, habitually influenced by reason rather than by passion ; are naturally venerators of law, and uneasy when contravening recognised obligations ; are without the spirit of caste, there being no sharp line of demarkation between chiefs and people ; and have at all times been used to the free discussion of their affairs in public assemblies of the tribes. To these essential qualities are joined an enterprising spirit, a strong passion for gain, and a growing taste for European comforts and luxuries. Such a people, impossible to govern by any external force, promise to become readily amenable to laws enacted with their own consent. 13. The foregoing considerations induce us to recommend it as expedient that measures should be taken as early as possible for giving the support of the Crown, and the sanction of law, to the efforts now making by the Maori people towards the establishment of law and order amongst themselves. In dealing with a question so difficult and delicate, we are, however, fully sensible of the necessity of proceeding with the utmost caution, and desire to see the measures of Government moulded, as far as possible, by actual progressive experience of the wishes and wants of the Native people ; and it fortunately happens that their habit of public discussion will greatly facilitate such a policy. 14. The simple measures suggested by your Excellency, of directing the Resident Magistrates to hold Circuit Courts, will, we think, not merely greatly increase the efficiency of those officers, but, in a way to which we shall presently advert, will afford a safe basis for important changes. We entirely concur in that suggestion. 15. It was the announced intention of Sir George Grey that the institution of Native Assessors should serve as introductory to that of the Jury. We think a further step should at once be made

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