Political Extracts.

Anglo-Maori Warder, Volume 1, Issue 1, 25 April 1848, Page 2

Political Extracts.

EXTRACTS FROM BLUE BOOK, 1847. No. 42. Copy of a Despatch from Governor Grey to Earl Grey. Government House, Auckland, July 7, 1847. My Lord,—l did not, until this morning, receive the enclosed protest of the Bishop of New Zc .laud. upon liii o.ui behalf, .i'"l upon behalf of the clergy. uien el his diocese, against certain portions vi your

Lordship's Despatch, No 23, of the 23rd December last which, in conformity with the standing instructions oi the Colonial Department, J have now the honor to j transmit for your Lordship's information. This protest of the Bishop of New-Zealand leads me to attach some importance to information which I received last night, to the effect that.a very great decree of excitement had been created in this portion of New Zealand, both among the European and native population, by the publication in this colony, of your Lordship's despatch, to which I have above referred. As, however, I am inclined to think that the amouut and probable effects of the excitement have been much over-rated, T will, after I have made further inquiries, address another Despatch on this subject to your LordI have, &c. (sigued.) G. Grey. The Right Hon. Earl Grey, &c. &c. &c.

Enclosure in No. 42. St. John's College, Bishop's Auckland, July 1. 1847. May it please your Excellkncy, I, George Augustus, by Divine permission, Bishop of New Zealand, on my own behalf, and on behalf of t the clergymen of this diocese, employed by Captain Hobson to interpret and explain the treaty of Waitangi to the native chiefs ot New Zealand, do hereby record my deliberate and formal protest against the principles expressed in a letter of instruction* addressed by the Right Hon. the Earl Groy to your Excellency, bearing date, Downing-street, 23d December, lb4G, to the effect that, "The savage inhabitants of New Zealand have no right of property in land which they do not occupy, and which has remained unsubdued to the purposes of Against this doctrine I feel myself called upon to protest, as the head of the missionary body, by whose influence and representations, tbe native chiefs were induced to sign the treaty of Waitangi, not one of whom would have consented to act as an agent of the British Government, if the assurances given to them by Captain Hobson had not been directly contrary to the principles now avowed by the Right Hon. the Earl Grey. It is m> duty also to inform your Excellency, that I am resolved, God being my helper, to use ail 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 and maintaining them, whether by petition to the Imperial Parliament, or other loyal and peaceable methods : but that, in so doing, I shall not forget the respect which I owe to your Excellency, uor do anything which can be considered likely to add to the difficulties of the colony. I have further to request that this communicalion may be forwarded to the Right Hon. the Earl Grey, Secretary of Stale for the Colonies, with whom I am privileged to communicate through your Excellency. 1 have, &c. G. A. N. Zealand His Excellency Captain Grey, &c- &c. &c.

No. 43, Copy of a Despatch from Governor Grey to Earl Grey. Government House, Auckland, July 7, 1847. My Lord,—ln reference to my despatch to your Lordship, No. 71, of this day's date, in which I stated that I had been informed that a great degree of excitp.u^ut rl ,u:w oi»uug tuv natives, upon the subject of jour Lordship's despatch, No, 23, of the 23rd December last, and that I would, after further inquiries, address your Lordship upon this point, I have now the honor to state that two vessels have just arrived from i the Northern ports, where everything was proceeding ; most tranquilly and prosperously; such is alio the case ( in the vicinity of Auckland, as it was in the southern : portions of the island, when I quitted them a tew days i since. I am, therefore, I tkink, justified in stating J that a greater amount of tranquility and prosperity at this moment prevails throughout the whole of New Zealand, than has ever hitherto existed. 1 have, &c. (Signed) G. Gbxt. The Right Hon. Earl Grey, &c. &c.

• No. 44. Copy of a despach from Earl Grey to Governor Grey-Downing-street, November 30,1517Sin,,—l have to acknowledge the receipt of your two .Icr-patches of July 4, 1847, Nos. 71 and 73, from the ias,t of which I am happy to find that the publication of my despatch of December 23, 184G, had not been : iullowed by that excitement among the natives of the : northern parts of New Ulster, which report had given j you reason to apprehend; and that, at the date of your j writing, a greater amount of tranquility and prosperity j prevailed throughout ihe whole of New Zealand, than Lad e\er, in jour opinion, existed. I 1 have received this intelligence with the more satis- : fact.un, because it ; os far to dispel the alarm which would otherwise h ;ve been excied by the Protest, trans- : mi'ted in your despatch, of the Bishop of New Zealand on his own behalf, and that of certain Clergymen, mt the principle of my letter of instructions," referring, as I learn from the extracts, to mydespatch of the 23rd December last. I have read this Protest with very great regret. Objections proceeding from his Lordship to any principles of Government laid down by me, would have been entitled to, and would certainly have received, my most respectful consideration, i hud the grounds on which they rested been explained & to me; but I learn from this document with equal sur- * prise and concern, that it was the expressed monition of the B'- nip, ** to inform the natives of New Zealand of their rights and privileges as British subjects, and to psist tht-m in fcs ertiag and maintaining them:" that *s*—fur the context will not allow of any other interrrc,H ion of his words—to impress upon their minds the that their rights and privileges would he tnvjded, and the Treaty of Waitangi violated, by the courss of V oluy m respect to the land question, which her Maje»ij* B Government bad instructed you to purIt is tree that the Bishop declares his intention of tliui assisting thenat.ves in maintaining their rights oni), '* by petition to the Imperial Parliament, or by other loyal and peaceable meant," and disavows the intention of doimj anything " which can be cons dered likely to add to the difficulties of the colony." Idunot for a moment doubt tbe sincerity of these assertions. But I (ear that a i 8 impossible that language such as thut of thiß Frotest, cai be addressed *o a people who have so lately emerged from habiis of the n*ost savage barbarism—a people well-armed and war- ' like, of easily excited passions, and minda untrained to European habiis of obedience—without very serious risk. The natives are lees likely to be acute in discriminating between "loyal and peaceable" and more violent methods of asserting their rights, than to be quick in apprehending and fierce in resenting any supposed viglitiuu of them, especially when impreste J up-

on their minds by bo high an authority as that of the Bishop of New Zealand. When I reflect on the scenes of which some parts of this colony have been lately the 1 heat re, and the passions which have been aroused by questions arising out of this very subject, it apyears to me, that those who uee such language incur a heavy responsibility, and the heavier in proportion to the eminence of their station. If the employment of it has not, in this instance, " added to the difficulties of the colony." as your despatch gives me reason to hope, I cannot but think that thin is less owing to the Bishop's disclaimer of such intentions, than to the unsubstantial nature of the grievance wilh which he is endeavoring to persuade the natives that they are threatened. For I think it must appear evident to himself* upon ; reflection} that he has proceeded som what hastily to condemn the policy which I directed you to pursue in the despatch which he has quoted, without ascertaining with sufficient care, what that policy really was. His Lordship has not correctly apprehended the purport of my instructions, which be has thus been led unintentionally to misrepresent in a manner calculated to excite in the minds of the natives a belief as to the intentions of the Government, which would have been equally unfounded in reality, and dangerous had it been uufortuuately adopted by them. The Protest is diiected against what ib termed my " doctrine " that " the savage inhabitants of New Zealand have no right of property in land which they do not occupy, and which has remained unsubdued to the purposes of man," and seems to assume that this "doctrine" was to be acted upon dy the Government's at once taking possession of all such land in New Zealand. I have Baid that this seems to he assumed, because, although the Protest is far from beiug clear, having apparently been written under feelings of murh excitement, I can put uo other interpretation upon it. since I cannot believe that the Bishop would have thought it necessary to protest, and to declare his intention of exciting and aiding the natives to resistance, against the mere expression of an opinion. The despatch, instead of expressing any tucu intention as the Bishop appears to have supposed, expresses the *ery reverse. It says, indeed, that if tbis question were now open for consideration, that is, if w<; were commencing the colonization of New Zealand 11 the present time, the doctrine to which the liishop objects would, in my judgment, be the best foundation of our proceedings, as I conceive it to contain the true principle in regard to property in land. These opinions I see no reason to alter. The Bishop has adduced no argument against them. I have been confirmed in them hs well by the disastrous results which have followed from acting on the contrary principle, as by the able and important judgment of the Supreme Court of the colony, transmitted to me in your despatch of the sth of July, last. No. 64, in which tbe Judges establish, upon the highest legal authorities, both of this country and America, that the views I expressed are those which, for nearly 300 years, have been uniformly recognized and acted on by the consents of civilized nations. But it is one thing to deny the general theory on which a certain supposed right is touaded, and auotker thing to endeavor to set a*ide ri§htß which have been formally recognized, because the? sue f.mnded on a theory coreived to be erroneous. While I laid down what I consider the better princip'e, I endeavored carefully to guard mvself against being supposed to enforce it as applicable to the present btate of New Zealand; and I believe that 1 succeeded iu doing so. I expressly informed you that, in point of fact, you were not in a position to act upon that principle, and that, from past transactions, a state of things had arisen, in which a strict application of it was impossible. I sta ed my ueitei mat ** the right ot the Crown cannot now be asserted to large tracts of waste land which particular tribes have been tjught to call as their own." I directed you in the Btrong»st language " to maintain those rights of the Native tribes to land which you have already recogniz d/' All that I advUed was this: that ihe theory of the ownership, by tribes, ofunoccupi-d 1.in.1, should not h<t made the foundation of any future transactions; and that what I conceive to be the rights of the Crown, that is of the public (where no engagements to tbe conlraiy have been mide), bhould be eareJully attended to in the disposal of laud, wherever no property has yet been recognized. And if the Bishop had consulted the instructions accompanying the which were published with it, aud which really contain the, practical directions f> the local Government, and which my despatch was only intended to illustrate, he would there have found the greatest attmtioa paid to the maintenance of everything which can be called an existing Native right to land, though established in consequence of the prevalence of that mistaken theory which I have combated. The Protector of the Aborigines is there directed to m/orni the Registrar, respecting nil lands within bis district to which the Natives, "either as tribes or iw dividuals," claim either proprietary or possessory title; that all such claims shall be registered ; and thp.t wherever it shall be shown, either that such lands have been actually occupied by the Natives, or that the own ershin to such lands, although unoccupied, has been recognized by tbe Executive or Judicial authorities to b» vested in the Natives, such claim shall be finally and conclusively admitted. I cannot imagine what portion of these instructions can be designated a? a violation of the rights of the Natives, as established either by the Treaty of Waitangi, or any othi»r agreement or authority. Nor shou'd 1 have thought it necessary to enter on this detailed justification of language used by me on any former occasion, had it not been for the singular inisinterpreta'ion put upon it (I hive no doubt unintentionally) by so high a functionary. It is very unfon unate that the Bishop should have founded, on such a misinterpretation, a perilous appeal to the feelings of the Natives, and it will be happy for hia Lordship, no less than for the public, if he shall have seen reason not to act upon his I rotest, or if his views have faded to produce among the Natives that sense of injury which he himself appears to feel in iheir behalf. You will communicate a copy of tbis despatch to the Bishop of New Zealand. I have, ice., .(signed) Grey. Governor Grey, &c, ic.

[Confidential ] No. 22. ExTitAcrs of a Despatch from Governor Ghey to Karl Ghey. Government House, Auckland, Way 3, 1847, Since 1 had the honor of receiving jour Lordship's private letter of the 2Tth of November last, transmitting the drafts of the papers relative to the introduc tiuii of a new constitution into this colony, which had been printed for the con bide ration of Her Majesty's government, 1 have felt much concern lest any want of care upon my par: iu omitting to forward sufficiently detailed information of die circumstances of this portion of the colony, bbould have left Her Majesty's Gov-rnment m lgnonncc uf v.iuoua points which I fear were not under their ut the time they determined to imroJuce uumi'Juttely into tUd Province of New l*later a cumlitution vf the uuluiQ of

that which is proposed. Should I have fallen into tliia error, the only excuse I have to off>r is, that from the tenor of previous despatches from yoor Lordship's department I did not think that any change would for some years, be introduced into the form of government of this portion of New .Zealand, and I did not imagine that, in the first instarci, tlie form of government now proposed would have been introduced into any part of this Colony. My reasons for entertaining the apprehensions above stated are, that Her ninety's Government will, 1 fear by introducing the proposed constitution into New Ulster, not do that which, from your Lordship's dispatch forwarding the Charter, I understand them to intend to do, but soraetliin< different from it, and for which I believe (referring to the large number and present state of the native | ovulation in this colony) no preeedent has been established, either by Great Britain or by any oilier country s that is by the introduction of the proposed constitution into the province of New Ulster, Her M ijts y w::l not confer, as is intended, upon her subjects the inestimable advmtages of self government, but she will jvtu a small fraction of her subjects of one rare the power of governing the large majority of her subjects of a different race. She will not give to her subjects the valuable privilege of appropriating, as ihpy may think proper, the funds raised from themselves by taxation, but shj will give to a small minoritv of one race the po»or of appropriating as they think proper, a large revenue raised by taxation from the great majority of her subjects of another race. And these luither difficulties attend this question, tint the race which is iu the majority is much the moat powerful of the two; the people belonging to it are well armed, proud, aid independent, and there is no reason that I am acquainted with to think that ihey would be satisfied with, and submit to, the rule of the minority, whilst there are many reasons to believe that they will resist it to the utmost And then it must further be remembered that the minority will not have to piy the expenses of the naval and mili'aTy lorGes winch will be requited to compel the Btronger and more numerous race to submit to their rule, bnt tbst on Hie cotitinry, these expenses must be paid by Great Britain. * * • *

Before >tatiag tbe reasons upon which these views are founded, I thinn it proper to mention that Her Majesty's native (subjects in this country will certainly be exceedingly indignant at finding that they are placed in a position of iofeiiority to the European population, they will undoubtedly argue, as they now frequently do, that they not only cheerfully ceded the sovereignty of their country to the Queen, but that when attempts j have been made by some discontented tribes to throw off the sovereignty of Great Britain, and that at a period when, from the small nees of the British force in the country, they tud apparently some hopes of sue cess, the principil chiefs came forward, and freely gave the servic.s of themselves and their people, and shed their blood in assisting to maintain for Her Majesty that sovereignty, which they haJ yielded to her. Whilst, on the contrary, they would justly regard the mass of the European population of tnis portion of the colony, as having been aUactcd Bolely here by m itives of personal beueht, such as a desire of carrying on trade with the numerous native p >pulation; or of beneficing by the expenditure of the furhamentary G*ant in aid of the civil government, or by the naval and military expenditure. In illustrating the reasons which have induced me to form the opinions 1 have stated, I will take (lie population reimris, published by my predecessor, for the year 181&. N'o tjieat change has taken place in either the European or nutive population since that period ; in fact, itie distresses of the country induced uiany European settlors to quit the Colony, and no corresponding l'um gratiou nas takeu place; with the exception therefore ot the troops and Daval force which have bei'U brought tuts the (.ountry, the European popu'ation docs not much exceed in amount that which it was iu IfcHo, although s -me changes may have taken place in the relative papulation of the Brit'sb sett'emeuts fr. ui person? having repaired from one settlement to another. And a* Auckland has been, a* the seat of government, the chief point of attraction, the puliation of that pla> e. exclusive oi the n ilitary, may perhaps be stated at nearly 4,000 souls. In 1815 the European population of tlie unitary, which would form the proposed province of New Ulster, w»s about 4,500 souls ; the details are stated in the margin. B« in point of fart, from cr cum stances conut ted with tbe position of the other se>t etuents, the on>' r persons who would have any real share in the proposed con-s'-itutiou would be the settlers in the neighbourhood of Auckland. The returns of native population published at the same time would give, for the probaole native population inhabiting the proposed colony of New Ulster, about 100,0041 souls ; the whole of whom would be es- ! eluded from all share whatever in the representation | of the country by the proposed proviso in the instruci tions, '* that po peison should be capable of i* crcising the elective franchise who cannot read and write the English language.' 1 * At the same time, under tbe . i present system of taxation, the large native population ! (which even if it has been overestimated by Mr, i Clarke at 100,000, and is taken at only b'o,ooo, although I believe this latter supposition is below the t true amouut, still forms the vaßt majority of the population) contributes largely to the revenue, and each year, as they continue to advance in civilization, will : contribute still more largely to it, so that tue propor-ti-npaid by the European population, will form but a 1 small part of the whole revenue. Then it must be borne in mind that the great majority of the native population can read and wnt9 their own language fluently; that they are a people quite equal in natural sense and ability to the mast, of tha European population ;f that they are jealous and suspicious ; that they now own many vessels, horses, and cattle; that they have in some instances considerable sums of money at their disposal, and are altogether possessed of a great amount of wealth and p operty in the country, ot the value ui which they arc fully aware ; that there is no nation in the world more sensitive upon the subject of money matters, or the disposal of tLcir properly; and no poople that 1 am acquainted with, less likely to sit down quietly under what they may regard aB injustice. A great change has also recently taken place in their position, the mutual jealousies and animosities of the tribes have greatly disappeared, and a feeling of class or race is rapidly springing up, and has been greatly fomented by the efforts which have been made by designing Europeans to obtain their lands from them lor a merely nominal consideration. Tuis ftelmg of nationality has been exteoded by many other cau-es. Some of their young chiefs of the highest birth, and of great personal ambition, have now received good educations; the habit they have of acquired of letter wilting, which is a favorite custom with them, affords chiefs inhabiting the most distant portions of the island the means of frequent and rapid communication with each other. The decay of their mutual jealosies has rendered it safe for the natives to travel into all pontons ot the island, and some of them are in a constant slate of movement; so that their intercourse and povyei ot forming extensive couipiiacicß, and ol

executine combined and simultaneous movements upon different points is daily increasing. r # • * *

It is I think, doubtful, therefore, if it wou'd be prudent to hazard the Attempt to force upon a nation so circumstanced a form of government which would at the same time irritate their feelings, and, I think, insult their pride, and which, there can be no doubt, would scpuiate them from the European 1 ;, placing them in an in f prior posi'ion as a r»ce, and ihus at once create th*s feelinjr of nn»ionality, the consequence of which woul I, I fear be so hurtful.

I beff further to point out, that although I entirely concur in the advisability of compelling the natives, as soon as possible, to learn to read and write the ! English language, and will omit no nifans within my power of promoting these benevolent intentions of your Lirdship ; yet that I think that, with a view of promoting this object a necessary preliminary to giving i such extensive powers over the funds rawed by the ! taxation of a large native papulation into the hands of i the representatives of bo Bmall a British population, uouht be to require by law, that a certain Bum should annually be devoted to the maintenance ol schools, for the instruction of the native population in the English language, and that some extensive sy6tem ol national education should be introduced before the new consti tution i* brought into operation ; the permanency of which system should be secured by such a provision as 1 have above meiftioned. The foregoing arguments have been applied solely to the great native population throuzhout the country, and to the general revenue raised from duties uf customs ; but tLey apply equally, perhaps even with more force, to the natives who would reside within the limits of boroughs, and who would be suhjected to direct taxation in the form of assesßmei.t*, &c.; which I fear might often be collected in a manner highly offeiuivd to them, and who would speedily become discontented and exasperated if they had no voice upon the subject. The same arguments apply also equally to the natural zed Germans, who are likely to become a very numerous and important portion ef the population, and who are at present contented and good citizens, whom I should be very sorry to see excluded from any privileges accorded to the rest of Her Majesty's subjects ; whilst the inhabitants of the French colony at Akaroa, who Her Majesty's government have directed to be naturalized, will in like manner, be wholly excluded from any share in the management of their own affairs and will be placed in a position of inferiority in reference to the rest of Her Majesty's subjects. I think it light to mention to your Lordship, that even in the south m portion of this island 1 did not contemplate immediately 60 extensive a change in the constitution of the colony. I taought that a council, in whicu the Governur presided, and which was com-jo-edcf official and un-official members, the uu official members being elected by the inhabitants of the co : lo.iy, would, vit wiug tlic peculiar circumstances of the colony of New Zealand, particularly in reference to the native population, have been that tarra of government which, for the present, was best suited to the wants ol the people; whilst I do rot think it would have b?en, in any respect repugnant to their feelings. This form of government would also, so soon as the land questions have been adjusted, suit the circumstance* of Auckland; particularly if ths Governor were empowered, from time to time, to name certain natives who should have the privilege of voting at the elections for the return of representatives. Whatever form of government it may, however, be deteimined ultimately to bestow upon the northern colony of Ntw Zealand, I beg to suggest that it would !be desirable in the fist place that it should not be such ! as to render it doubtful whether the large native population will submit to it; and secondly, that so long as the Governor has so formidable and numerous a race to control, it is necessary not only that he should bavo the power by his negative of preventing any measures being parsed which might result in rebellion, but that he also requires to be in possession of the active power, of carry ins sucu measures as are essential fur the welfare and pacification of the native race. For your Lordship will see thnt under the propo-ed constitution, any refusal of the Governor to comply with, perhaps, very impolitic demands oi the Lower Chamber may involve a stoppage ot ihe machine of government, whi*di will entail much evil not only upon those who return the representatives, but upon the large body of natives who will be wholly unrepresented. At present, the natives are quite satisfied with the form ol government now existing, and as the chiefs have always ready ace 'ss to tbe Governor, and iheir representations are carefully heard and considered* they have practically a voice in the Government, and of this they aie well aware ; bnt under the proposed constitution they would lose their power, and the Governur would lose his influence over them : In fact, the position of tbe two races would become wholly a'tered, and tlie Governor would, I few, lose that power which I do not see how he can well dispense with in a country circumstanced as this. Tho natives are, at present, certainly not fitted to take a share in a representative form of government ; but each year they will become more fitted to do so, and each year the numerical difference batween the two races will become less striking ; so that a great advantage would he gained by delaying even for a fewyears the introduction of the proposed constitution into the northern parts of New Zealand. The concluding passage of the Despatch which your Lordship proposes to address to me, leaves to my own discretion, the piwer of fixing the time at wh.ch I should promulgate the new charter, w'uh, however, so distinct un intimation of Her Majesty's pleasure that no unnecessary delay should take place in my doing so, that I think it better to promulgate it with a=> little dalay as possible, after its arrival in this counti y ; but that portion ot the instructions which reUtes to the introduction of representative instittuions into :he country, cannot, under any circumstances, he carried into effect for nearly 12 months from this date, upou account of the numerous preparatory steps, which, in the term a of the instructions, must first be taken. And as 1 am apprehensive that any a 1 tempt to introduce snth a form of gjvernment, as tba' proposed, into this portion of the colony, would shortly give ri-e to renewed rebellion, 1 shall, all circumstunces, de.'oa it my duty to refrain from giving effact in the northern portion of New Zaaland, to that portiju ot the proposed instructions, until 1 receive your Lordship's rqdy to this Despatch. In the meautiine, however, all tbe other portions of my instructions sha'l be earned out as rapidly as possible, and no care nor exertions upon my part shall be waiting to render them as Imiehci il tJ the inhabitants of tms country as your Lirdsbip desires them to be. Whi.st the delay m tbe introduction of representative institutions for a few months*, will at all so strengthen the positin of th" Br tish in this country, that if Her Mijes\\ , G .. •' ment sfnuld, with the infornntton cjntj'i Despatch before thetn, still deem the n ' the new constitution iuto the proviso tniispensable, less probability wi" injury to British interests, re-su' ie.it upon ths pnrt of tbe nat.v rieacc in this cuuutry l"»d

request jour Lordship to advise Her Majesty for Wo present to revoke that portion of the chsrter wfitfca contemplates the introduction of the proposed form.of representative institutions into the province of New Bister. 1 have, etc., (Signed)' 6. Qeey. The'light Hon*. Earl Grey, Bcc. Sec. &c . * I do not know one native who can read and write the English lang&age. t Oat of 67 natives who have been employed by the Ordnance Department, 66 can write their own language, and the whole of them can read it*