The Daily Southern Cross.

Daily Southern Cross, Volume XXIV, Issue 3389, 27 May 1868, Page 3

The Daily Southern Cross.

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.WEDNESDAY, MAT 27.

J!talt tjie cojonywas engaged in, a disputed ,Jkiid jqu/sation at .^Waitara; when. „,the apologists for that proceeding argued thai war, aoonerrorJater, wasinevitable, and that it Jteta^i JWto ftake^he initiative, .cfaosW utgpod &&}*&& ofjquarrel, the, answer ,was,:— 7 nYtljou jhave . not chosea good ground of •' Bight or j wrong in details, yoij 4 *&eT6us'ed' incurable' suspicion 5 yqtu have u?SiFßk!s& 1 yoiiiself ek ;to tlie suspicion of, in-j -' ,>r teceaM mptiveu. Hadijou but taken up a . " cue oficrinfe— of murder, for instance— -anc| «<Wlfe%ckiioWfed^ed' as;'sucn by tjie^atiyes .^li^solYesj r Sd^u s^od fprth t t l o majn] (1 -' a ' tain , ; the law, rjitber- ' than xith© offended •off-dignity of a Q-OTernorvhad you' insisted •/*Wthe BurrferidOT n of- ( the Acpused,' that Jw^ 1 * \ e S^A^^P^ iJO^'V ,-tVftWi and, refiiseci, -prooeeieditojtake.hini -.f/iiy force,-— had. sudiabeen your cause, the ■ « native cry from bn'e' end 'of , ' New Zealand 4er4oul|^e,W6n,:Kk piii ti X , -. "WJa nave>' vaunted the vpurity .of- oni .w4tiTe» throughout & we t have 'prpfesßedHko

base our proceedings -on the desire to maintain order and law among our native fellow 'subjects. But profession has to be reduced ,to ,praotice. The occasion is presented, itself upon our notice, in a demand that is not to De ignored ; pressed by men belonging to the most powerful tribe in the ! colony, by men who from the very first have !' been among the very staun chest of our allies ['in times of peril and misfortune. The f question is, whether the occasion be an [eligible opportunity. Carefully weighing every circumstance : connected with /the Hokianga murder ; considering expediency as well as principle ; looking to the welfare of northern settlers as well as that of the colony ; writing in full consciousness of the., golden rule .in native management, — never to attempt that which you are not sure of being able to carry out, -—we have come to a deliberate conclusion. "We call upon the Government,^ take their stand. Better to arouse the enmity of some, than to earn the mistrust of all. We are quite aware that it is easy for those to who have no administrative, responsibility j for those " who sit at home " at ease," in personal safety, to urge on others to the fray. "We can recollect how " able editors," writing from their own recesses, have freely issued their mandates to the Government that the war should be made " short, sharp, and decisive," — a war which is still dragging its slow length along -^-which even yet will not be put an end to by us, but must wear itself out with time. But we are far from assuming that unseemly tone. It may be that deeper than editorial responsibility attaches to the advice which we take upon ourselves to give. £ till, we do no more than offer, with becoming reserve, such opinion as we are able to form, after communicating with some of those in whose experience we most confide. A crisis in the government of the colony has arrived ; long foreseen, though dependent upon a chance event. "We must deal with it like men. There is danger in every course that can be taken, but the greatest is from indecision— ' Lebbtng ' I dare nob' wait upon < I would,' , Like the poor cat i' the adage. There is but small choice in the matter: either to support the law, by such means en are at disposal, or openly to declare that the Kxecutive can no longer pretend to govern the native race. They must either go to the front, or proclaim a native district, in whicM the Queen's writ shall no longer run. And all this while, golden hours are irrecoverably passing away. j Let us consider how we stand. It i^ needless to go into details, which, after all, matter little in the determination of the main question. All that immediately concerns us is this, — that a Ngapuhi has been murdered by a Earawa ; that Ngapuhi stayed the hand of the avenger of blood, falling back upon the law ; that, .through the intervention of the magistrates, their native assessors, and the chief of the Native Office, the criminal was surrendered ; that he effected his escape from custody, and that his tribe now refuse to give him. up. This time, the capture could only be made by force. Ngapuhi still refrained for a while, challenging ! the Government to maintain that law and order which they had so long inculcated, and offering support. There is no escape from this. It may be, as has been alleged, that the chief of the aggrieved tribe, in his secret heart, would rather proceed by Maori custom than by way of English law ; and it may be that some of the law and order party, for the same cause, are not ill pleased that the prisoner has escaped; it may be true (as we have heard, but do not affirm) that Moses Tawai actually knew that the prisoner had escaped before he sent the guard ; it may be true (and we believe it) that the socalled fishing party, which landed at the Karaka Point, on the north side of the river, was in reality attempting, though without orders, to effect a lodgment under cover of which the Barawa pa might be attacked ; it is true that Poti, who committed a murder eighteen months ago, is still at large, though Ngapuhi aver that they were ready to come in aid had the Government made any serious demonstration of a wish to take him (the papers which could have settled this point being, as usual, at Wellington; and not where they are wanted) ; — all this may be true, , but does not touch the case. The fact remains, that the law has been challenged as yet without avail, A council, has been held; Ngapuhi, as many as were there, unanimously declare that they will repudiate the law and throw off their allegiance if the Government do not enforce the law ; but that if the Government do enforce the law, or even try their best to dp so, they will support the law for ever after. , Can the Government venture to say, No ? For in tbis, as we believe, would be the greatest danger. We are not of those who would urge them intemperately forward. "We know too well the risk of even a small beginning in strife. We have not forgotten Katipa's word, when the Governor's hand was raised at Waitara, " The fire is lighted "in the fern ; it will spread, and spread, " until it covers the island." We do not disguise from ourselves that the results of a conflict at Hokianga might reach far beyond the battle-field. But if the law, for lack of due support, be cast off so far, it'wili be cast off farther still. There is danger in the endeavour to support the law, but is there none in the abandonment of the law ? Who can doubt that, if we lie idle now, we must abandon all hope of governing the natives for the future? They have us in a cleft stick ; they say, — Do you govern us, or we will govern ourselves. What if crime should have happened at the I£awakawa feast ? ' What if a white man had been killed, and the law had claimed her right! We should have been laughed to scorn. • " Where is your law at Hokianga ?" would have been retort; unanswerable. .^What, again, if the parties to "the Hokianga conflict should make peace after a collusive engagement, in order to combine for the Harassing of Government ? This would at least be, in accordance with Maori character: j There, is risk in every course ; let us meet lit on the straight course. Out of this nettle, Danger, we may yet pjuckthe flower, Safety* But,. . hqwbver thid advice may l)e taken, beware, of indecision. Do something ; what you will, so long as something be done. |£eep way upon the ship that she may aiiiw,er her helm. Say thai! v you capno"t .enforce, the law,— r say that you will not, they may understand. you still ; butito & Maori, nothing is so repulsive, in us, as a sham: And the Ngapulii who are with Moses say that "now they know thft jaw to be,a sham.'' Waver much longer in, doubt, and they will hold you< light as— The ■vran-doum feather, 1 That-fitands upon the floo f d at fall 61' tide.

Thus far we speak with confidence ; under conviction that piir warning cannot be gainsaid. Inaction tempts the greatest risk of all. Assuming now that the Government take heart of grace,— that they feel bound to govern so long as they have the means, — what then 1 It, is not for us to administer; we therefore confine ourselves to suggestion. The course, to us, seems plain. Put a stop to war, hy legalising the action of Ngapuhi. Bring the civil power, not the military power, into play. No more proclamations of martial • law, which is not law. Avoid the very semblance of warlike appliances ; show not a redcoat near the place. let, sober-suited law be invoked m support of law. Place the Sheriff at the -head of 'his posse — a constitutional force : he' will not lack for men. Let the Government arm the posse, who will be at liberty, so armed, to proceed in their own defence (for so it has been laid, down) against all those persons who might be acting in concert against them.* But, haying regard to Maori thoughtsand fashions, even more should be done.* It would be well that the law and order should be made to perceive, even still more clearly, that the Government identifies itself with the cause. Sworn constables you may have, as many as you will, on the spot, but send police besides. Take them from the Armed Constabulary, even though that force have more of a militia character than could be wished. A score would suffice for the object in view. It is not numbers that are asked, but countenance. Amongst themselves, one hapu may apply to another for assistance : not more than half a dozen may be sent, with a message that no more can be spared; but it is enough, — one hapu has cast in its lot with the other. This is no time for trifling. The attitude of the rebel natives in the South depends upon that of the friendly natives in the North. Yet we doubt whether the situation is understood or cared for. But a few short years since, the colony was mad with the war fever ; it is now labouring under the inevitable penalty of excitement — palsied with reaction. So far we have treated the question as regarding the interests of one race only, arguing the possible results to ourselves. But there is something more behind. Have we not lost sight of the question of duty, while so closely calculating expediency — duty to those whose allegiance we have strivei) so hard to compel ? Shall " we, the supervisors, grossly gape on," while the Queen's subjects are cuttiag each other's throats in barbarous feud 1 Loss of life is inevitable, whatever course we take. In the execution of the lhvt it may be deplored, but it leaves us conscience-free. If the native war goes on, it will be a barbarous war — not such as Ngapuhi usually wage. The man was murdered, as murder is understood by them ; and they will murder in reprisal. "We are far from losing sight of expediency; j we are not so Quixotic, when matters so serious are at issue ; but we do desire to impress at least this rule, as a guide to action — a practical solution of many a difficulty. Where the expediency in doubtful — where there is much to be said on both sides — take your stand upon a piinciple. So shall you liberate yourself from doubt. Follow what is right in itself, unbiassed by circumstance ; do your duty, whatever that may be ; and abide the result in faith.

* "But in some cases, wherin the law authorises force, it is not only lawful, but also commendable, to make use of it ; as for a sheriff or constable, or perhaps even f<>r a private person, , to assemble a competent ,punober<f people, in order with force to suppress rebels, {or enemies, or rioters, and afterwards with such force actually to •oppress them ; or for a justice of peace who baa a just caut-e to ihow a violent resistance, to raise the posse, in order to remove a force in making an entry into or detaining lands. .Also it seems to be the duty of a sheriff or other minister of justice, having the execution of the King's writ*, and being resisted in endeavouring to execute the same, to raise such a power as may effectually enable them to overpower any such resistance ; yet it is said not to be lawful for them to raise a force for the exeoution of a civil process, unieu they find a resistance, nod it is certain that tb>y are highly f'Uoiabable for utiug aoy needless outrage or violence therein."