Ko nga Ture.

Daily Southern Cross, Volume XV, Issue 1200, 28 December 1858, Page 3

Ko nga Ture.

A few lines -which fell from our pen on a latg. occasion — of no great moment in themselves^ appear to have "touched upon a raw." We thought that they would do so, but did not think that the wincing would havebeen shewn externally. They were as follows : — To them [the responsible ministry] i» due, even the er* position of English law which has been compiled for the use of the Native race, and with which the Native office had nothing to do, beyond the work of translation. We have yet to learn what more the Native office had to do with it. But a reply has been made, through the columns of the 'Examiner , (we may be perhaps in error in supposing that the information was supplied,) so vague and indefinite, that it may lead to mis-apprehension. We quote the whole of what is germane to the subject. But our contemporary does not stop with claiming for Responsible Ministry and Representatives the invention of Wakefield Colonization Scheme. He tells us thnt "to them, is due, even the expositition of English law which has been compiled fyr the use ol the Native race, and with which the Native office had no* tiling to do beyond the work ot translation." Can our, contemporary be ignarant of what every one else knows, viz. that the Governor still retains in his own hands entire control of Native affairs. Or does he suppose that in virtue of his drawing £800 a year as Native Minister, Mr. Richmond is actually the moving power in Native affairs ? If so we can tell him that the Native Minister's power in comparison with that of t Mr. McLean is precisely that of the fly on the wheel, in comparison with the power which keeps the wheel going. Can oar contemporary forget that out of forty-three of the | oldest and most experienced of Auckland settlers forty - J one recommended the Qovernor to keep direction of Native affairs in his own hands, and not give it into the hands of his ' "Responsible Advisers," Native "affairs being too delicate a subject to be made a question of i party Government ; and that the Governor has refused his assent to such of the "Native Policy Bills" «s would take Native affairs out of his hands, and put them into the hands of "Responsible Ministry." 11 our contemporary is ignorant of all this, he may be excused for being ignorant of the fact, which we happen to know on best authority, that the compilation of English law which has been translated for use of the Maories origin ited exclusively with the Governor himself, »nd a fortiori not with tho Native Ministers or the Representatives. People of Auckland may be thankful that scheming politicians have not yet got the power of scheming them into another Maori war. We never brought the Governor's name into the question ; nor did we deny him the credit of recommending it. The suggestion was made years ago, — by ourselves, and probabiy by others. By Memorandum for Ministers, of the 23rd April, 1857, subsequently laid upon the table of the Legislative Council. His Excellency informs them that the Natives require a code of laws adapted to their present condition which shall be binding on both races residing in native districts ; not stating, however, whether they were to be new laws, or merely a precis ol a certain portion of existing law. We should infer the former, because the English laws were alj ready binding on Europeans. He also states [ that he has directed Mr. Fen ton to prepare a rough draft of a code embracing the above cases in as concise a form as possible, which shall be forwarded to Ministers for their consideration >and amendment. Mr. Fenton, now assistant law officer, was then, as now, not on the native office side, but on the ministerial side of the General Government. The Attorney-General gave his attention to the work as it proceeded. The Governor is inseparably connected with both sides of the General Government, It is clear that Ko nga Ture were the work of the ministerial — not of the native side. ' Some other matters are included in the forequoted observations, but so carelessly handled, that they need being put right by us. The 'Examiner says, to us— "Can our contemporary be ignoiant of what every one else knows* viz. that the Governor still retains in his own hands entire, control of native affairs." The Legislative Council were of another opinion, when they shewed themselves disposed to throw out the Native Bills, because they limited the power of the Governor. But the Council erred as much on the other side. The state of the case, which we fully explained at the time, is simply this. The Governor retains the powers with which he began ; but in regard to the additional powers conferred by Acts of the Assembly, he can only exercise them in concert with his Executive. The powers are given, not to the Governor, but to the Governor in Council. And by agreement, in consideration of additional sums voted by the Representatives, the Governor's original power of dealing at pleasure with | the £7000, secured to native purposes by the Constitution Act, is no longer to be exercised. The nex^ paragraph is amusing. The 'Examiner', which insists, somewhat unfairly, in styling his Excellency "Governor Wait-a-bit," seems to be quite unconscious who- the real "Wait-a-bit" is, and mistakes "the skid upon the wheel," for "the power which, keeps the wheel moving." A skid is a very useful contrivance, sometimes very necessary ; but is certainly not progressive. 4 The statement that "the Governor has refused his assent to such of the Native Policy Bills as would take native affairs out of his hands, and put them in the hands of Responsible Ministry," is incorrect. The Governor has assented to all the three, reserving two for the signification of her Majesty's pleasure thereon. Those who complain of the "over- legislation" of the last session should have first endeavoured to make themselves acquainted with the contents of theStatute Book. The large circulation which our contemporary has attained, and which we should be sorry to see iall off, is our best excuse for recommending a little more care, and a little less hasty credence.