COPY of the CORRESPONDENCE between the DEPUTATION from NELSON and the GOVERNMENT.

Nelson Examiner and New Zealand Chronicle, Volume II, Issue 80, 16 September 1843, Page 319

COPY of the CORRESPONDENCE between the DEPUTATION from NELSON and the GOVERNMENT.

{From the Government Gazette.] To his Excellency the Officer administering the Government. . ■ t Auckland, August 7, 1843. Sir — In accordance with your Excellency's permission, as intimated in the interview which we had with on Saturday last, we now submit to you in writing a statement of the reasons of our being deputed by our fellow settlers at Nelson to proceed to Auckland,, and of the subjects upon which it would be highly satisfactory to them to receive an assurance of the views- and intentions of Government. . - • The first object of our mission was to carry to the capital, without loss of time, the depositions .fatten by the magistrates' at Nelson, and other documents connected with the deplorable calamity which had befallen that settlement; and though it may .appear that a long period of time has'elapsed between the occurrence of the disaster and the transmission of the documents connected with it to Auckland, still, when it is considered that, ten days elapsed before any account of it at all reached Nelson— that it was then at least a. fortnight before several of the witnesses who had been /present ,in the affray arrived, some by sea and. bthen over land— that . there - has been no opportunity for communication, with the capital during that time —and .that "it ultimately was necessary to charter a vessel to convey us to Manukau, we trust your Excellency, will acquit the settlement of negligence, or of losing time in forwarding to the seat of Government what authentic documents they were able to collect upon a subject of such vital importance to -the colony. , ... At the same time that we presented these documents to your Excellency, it, was the, wish of those who deputed us that we should represent the general opinion of the settlement upon the occurrence, and the light in which it is there viewed. The depositions which your Excellency has received certainly lay before you the marked facti .of the case, and constitute the basis of the opinion which you will form as to the right or .the wrong of what has been done ; but your Excellency must be at the , same time aware that the most simple facts often admit of varying shades of interpretation, and that in no case con a just conclusion be arrived at until motives as well as actions are thoroughly understood.

We have no hesitation then in stating that it is the general opinion of the settlers at Nelson that our countrymen who were killed at the Wairoo plain lost their lives in endeavouring to discharge their .duty as magistrates and British subjects, obedient of British law, and that the persons by whom they were killed are murderers in the eyes of common sense and justice. It is not our intention, after the interview with which your Excellency' honoured us on Saturday, again to argue the case, but we may be allowed in a few words to recapitulate the main points upon which that opinion is founded at Nelson : they are briefly as follow : —

In the first place, that the aborigines of New Zealand are British subjects snd under British law. In the second place, that they had burnt down a house, built by a servant -of the New Zealand Company, upon land which it claims to have purchased, and which claim has not yet been proved to be invalid/

In the third place, that a warrant having been issued for the apprehension of the perpetrators of this outrage, its execution was resisted by a large body of the aborigines, with arms in their hands ; and that, upon the unfortunate discharge of a gun, by accident, on the side of our countrymen (no orders to fire having been given), they fired upon those who were endeavouring to put the law in execution, and shot several of them. '

In the- fourth place, that the majority of our countrymen having fled, those who remained laid down what arms they had and surrendered themselves prisoners, and that after a lapse of some time, unresisting, and without the power of resist ance, they were savagely and deliberately massacred. As "to the motives which induce J our late lamented Police Magistrate to is"»«J the warrant, we conscientiously believe tk-sin to- have been none other than those of As to the imputed charge of rashness and want of deliberation, which we have heard advanced, we —ay observe that the Police Magistrate had the advice of three other magistrates, and their unanimous concurrence ; and •*<> Ttjay further mention that the question was one which had not then for the first time presented itself; it had months before been examined and deliberated upon. ' Upon the occasion of a similar outrage having been perpetrated by Ranghiaita, at Port Nicholson, and a warrant for his apprehension having been refused, Mr. Thompson, in conversation with one of us, expressed his opinion that such conduct was calculated to weaken the influence of British law upon the native mind, and to lead to the belief of impunity in the commission of still further outrages. And we cannbtbut observe now, that, had that former offence of his been dealt with in a decided manner, as in law and justiccwe conceive it should have been, this dreadful calamity might never have occurred, by which so much life has been lost, so many men of the highest moral and intellectual rank have miserably perished, the relations between the two races been rendered, to say .the least of it, precarious, and the civilization of New Zealand undoubtedly thrown back. '. . Instating what we have done above, we are aware that we shall be pet by the .argument that it is not for us to prejudge the case, or to decide upon the legality of what has passed, or to determine the offence of which any one has been guilty: such questions belonging to the courts of law, and for their consideration alone. But your Excellency will .. allow us to suggest that there are cases of such a -nature,, and evidence often of such a kind, that the public mind comes at once to a decision, without waiting for the more formal conclusions of the law. The case before us ia one of these : &nd.while every one would most heartily deprecate an; active step taken upon such a decision, and be contented that law and justice should take their .course, still we should be imperfectly fulfilling the mission with which we are entrusted, did we not make known to your Excellency the light in which the conduct of the aborigine*, on Hum occasion, ia

viewed by the settlers of Nelson, who feel that the enormity of their crime is so distinct that the vengeance of the law should certainly overtake them, and /confidently expect that they will be brought befote its tribunal as soon as a sufficient force shall be collected to render its mandates irresistible.

The settlers of Nelson look forward with great anxiety to the steps which the Local Government shall adopt. They have observed with indignation an attempt' on the part of the Government representative at Port Nicholson to screen the aborigines, at the same time that he threw blame upon the British, by a public statement at variance with the facts of the case, and directly opposed to the evidence of one of our most respectable settlers at Nelson (Mr. Tuckett), which had been taken by him before his public statement was made. We hope, however, to be enabled to convey to them, on the part of your Excellency, an assurance that the case shall not be prejudged, that impartial justice shall be done, and that the penalties of the law shall certainly overtake those whom its verdicts shall pronounce to be guilty. Another object of our deputation is to represent to your Excellency the unprotected state of our settlement; but we are spared the necessity of enlarging upon this point by the promptitude with which your Excellency has despatched the half of the troops at your disposal to Cook's Straits. We trust, however, that, considering how much the settlers of Nelson are dispersed — some in the Waijnea, others at the Motuaka, others again in Massacre Bay — engaged in agricultural pursuits and otherwise, Major Richmond will consider it expedient to station a certain portion of the force under his direction at Nelson.

We have but one other subject to bring before the notice of your Excellency : several of the constables who lost • their lives at the Wairoo, have left behind them wives and children now utterly destitute. These men were acting under the orders of the Police Magistrate, and of course in no wise responsible. It is confidently trusted that the Government will make some provision for the widows and children of those who have lost their lives in its service. We have the honour to remain, &c. (Signed) D. Monko, J.P. Alfred Domett. To D. Monro, Esq., J.P., and Alfred Domett, Esq. Colonial Secretary's Office, Auckland, August 9, 1843. _ Gentlemen — I am directed by the Officer admij nistering the Government to acknowledge the receipt of ' your statement, dated the 7th instant, of the reasons of your being deputed by your fellow settlers at Nelson to proceed to Auckland, of their opinions upon the lamentable occurrence at Wairoo, the light in which it is viewed by them, and of the subjects upon which it would be satisfactory to them to receive an assurance of the views and intentions of Government relative to the deplorable calamity which has befallen the settlement.

His Excellency received with deep concern the intelligence of an outrage not only attended by a fearful loss of human life, but calculated to impair the confidence which has hitherto subsisted between the two races, and indirectly to retard the prosperity of the colony. For the irreparable loss the settlers of Nelson have sustained, in so many, so highly, and so justly valued lives, his Excellency desires me to convey to them his deep and heartfelt sympathy. • For the recent bloodshed, I any to observe, *n awful responsibility has been incurred. _ Wh«t is the degree of criminality of those concerned m the fatal conflict, and on whom that criminally chiefly rests, are questions on which no opiiwon can be expressed, ~as the transaction may become the subject of judicial inquiry; but, whoever may be the crime, and who may be the criminals, it is but too clear that the erent we must all deplore has arisen from several parties of surveyors, without the knowledge or concurrence of the Local Government, proceeding to take possession of and' to survey » tract of land, in opposition to the original native owners, who have uniformly denied the sale •With a view to prevent' the recurrence of such an evil, and that no reason may be given to the New Zealanders to doubt the good faith of her Majesty's solemn assurance that their territorial rights as owners of the soil should be recognized and respected, his Excellency has caused a proclamation to be issued warning all persons claiming land in this colony, in cases where the claim is denied or disputed by the original native owners, from exercising acts of o<m&orohip on or otherwise prejudicing the question of title to the same, until the question of ownership shall have been heard and determined by one of her Majesty's Commissioners appointed- to investigate claims to land in this colony.

For-the information of the settlers at Nelson, I am desired to state that one of -her Majesty's Commissioners had appointed the end of June last to investigate claims to land in the valley of the Wairoo, and, but for the recent fatal, collision, all claims in thai, district would in all probability at this moment hovt been .disposed of. His Excellency *,-»uid avail himself of the sent occasion to remiai the settlers of Nelson -and the colonists.; generally n f the principles upon which the British . Goverfeient undertook the colonization of this country. <That the Queen, in common with her Majesty's pred<s>essor,'disclaimed for herself and her: subjects evety pretension to seize upon the islands of New Zeaimd; that,' by the treaty of Waitangi, her Majesty has^uaranieed to the chiefs and tribes of New Zealand the full, exclusive, and undisturbed possession ot their lands ; and that, in the royal instructions, un<U>r the sign manual, her Majesty has distinctly established the general principle that the territorial rights of the natives as owner* of the soil must be recognized and respected. With reference to the statement contained in your communication, that the natives " had burnt down a house built by a servant of the New Zealand Company, upon land which it chums to have purchased, and which claim has not yet been proved to be invalid," I am directed by his Excellency to say, that he feels himself called upon to remind you that, with, regard to all lands in the colony acquired under any other title than that of grants made in the name, .and on behalf of, her Majesty, her Majesty's Government have determined " thatthc title of the claimant*, should be subjected to the investigation of a Commissioner to be appointed for j that purpose ; ".- that by virtue of the provisions of

the Land Claims' Ordinance, all lands which have been validlysold by the aboriginal natives are vested in her Majesty as demesne lands of the crown ; and that, with reference to the claims of the New Zealand Company to land in this colony, by the terms of an agreement entered into between the Company and her Majesty's Government, they are to have assigned to them, subject to the investigation of the Commissioner, in consideration of post expenditure, land in blocks of a prescribed size and figure, to be selected by them r under the sanction of the Local Government; and that they forego and disclaim all titles or pretence of title, to any lands purchased or acquired by them in New Zealand, other than the lands so to be granted to them. His Excellency deems it proper now to inform you, that the New Zealand Company has not selected any block of land in the valley of the Wairoo nor has the Local Government yet received any intimation that it is the intention of the Company to select a block in that district. A detachment of the 96th Regiment has been despatched to Port Nicholson, and placed at the disposal of Major Richmond, to be employed by him in maintaining peace in the Southern District. His Excellency has, however, great Satisfaction in being able to assure the settlers in the south, that he sees no ground to apprehend any unprovoked aggression from the native population. In conclusion, I am instructed to say that no time has been lost in supplying the vacancies in the several important-Public .Offices, occasioned by the late deplorable catastrophe ; and the settlers of Nelson may confidently rely on all means in the power of the Local Government being used to promote the advancement of that settlement. It will scarcely be necessary for his Excellency to give the assurance you require," that the case shall not be prejudged, that impartial justice shall be done, and that the penalties of the law shall certainly overtake those whom its verdict shall pronounce to be guilty." I have the honour to be, Gentlemen, Your most obedient servant, (For the Colonial Secretory), William Connbll.

[The following letter, from the pen of our respected fellow settler, Dr. Monro, appeared in the Southern Cross during his late visit to Auckland. Believing it to be a correct exposition of the opinions entertained on the subject by the inhabitants of this and the neighbouring settlements, we have, notwithstanding its length, inserted it entire. — Ed.] To the Editor of the Southern Cross. Sir — Will you allow me to avail myself of your •columns in making a few remarks upon the fatal -disaster at the Wairoo Plain, its causes and probable effects? , J.have been grieved, though I cannot say much astonished, to find the opinion very prevalent here that the originators of the expedition, which terminated so tragically, are chargeable with imprudence, rashness, folly, even illegality. To us at Nelson, well acquainted with their characters, and never in several of them having perceived any but qualities diametrically opposite, such opinions could hardly have presented themselves. But, in drawing a conclusion as to what has happened there, those who were strangers to them can of course have no such materials to sway their judg. *>ent; they will be guided solely by a considera-tio*-,pf the naked facts of the case, and it is to a dispaaripnate review of these alone that I would confideMjy appeal. for the vindication of the character ana conduct of those* whom I conceive to have lost theY Jives in attempting to execute what they considereatheir duty, to have been sacrificed to : a much mistaken line) of policy on the part of the Government, founded on the visionary cant of of the age. If.the aborigines of New Zealand aie now Britiah subjects (which they undoubtedly ate), under the protection of our law, .and. at the same time liable to be .punished by it when outrages arfccommitted by them, will it be asserted that upon djx. puted land they are at liberty to pronounce thew own verdict, and at the same time to carry It into execution — to, declare that a servant of the party who disputes that land with them has no right to be there, and to burn down his house ? It is put forth by Certain parties, that these, savage chiefs were willing to abide by the decision of Mr. Spain, and had no intention of putting their; own: law into execution. The truth, of the case nppn this point wants to be known - - Kauparaim and Ranghiaita limi uttcu Mr.j Spain at Porirua, and agreed to meet him in .the Waifoa on toe 19th of June, or assoon after that date as. he could be there. Why, then, did they, not wait for his peaceable decision ? or with what intention was it that they themsel^*»» on the Ist or 2d of. June, crossed the Straits, attended by a considerable number of their slaves, armed with musket and ball cartridge,,, having previously despatched to the Wairoo several canoes full of their followers similarly. armed?' It is necessary that these facts should be known, vrhetf it is asserted, as has been done in various <jua f^ rs > that the n&. tives did all ia their power to>void fightzng-r-that their intentions were throufc*"" l * of ibe most pact, fie description— and th«*it lengththey- were compelled to fight in se)£3efence, .when- driven as it were to* bay by tyrinsane conduct of the white mea. I do not^u 1 : to assert^ nor do I wish to convey the inuiression, that they went to the Wai. roo prepared^ "fire.'upon the white men who were there ; bofriae depositions, which I assisted to take, prove by/ontf. a .shadow of a doubt, and their own subsequent acts confirm it, that they went to take tb* law into their own hands,. and insufficient numbers, and armed -to resist British law, should it.be put in force against them. • ■ What then was., the course for a PoEce Magist. trate to pursue on the information being laid before him of the burning of Mr. Cottercll's house? He had a precedent to appeal toi about three months previously, to^orrant had been appliedfor at Port Nicholson to apprehend Ranghiaita On tire same charge (a charge of arson),— had been *efuscdr and its refusal sanctioned, as We understood, by ibe principal law officer of the colony. Had he preferred hu ease, he might have sheltered bin. self .behind tins, and received applause; -but it is mjr conscientious belief that he felt that he ihoald not tkus be doing bis duty. I happen to hfcve heard him express bis opinion with regard to the propriety of what had taken place at Port Nicholson, and maintain that the coarse which: had been

pursued there was calculated to weaken the impression of the power of British law upon the native mind, and to encourage further outrages. And now that this dreadful disaster has taken place, we cannot but look back and reflect that, had this previous offence of Ranghiaitd's been dealt with with promptitude and energy, we might have been spared the loss of many valuable lives, and the colony never have received a blow from which it will be long before it rallies, and the ultimate effects of which it is impossible to calculate. •' A charge of rashness in the execution 6f the warrant is also commonly advanced, but not in my opinion supported by facts. The force taken by the magistrates appears to have out-numbered the aborigines who were armed : and will any one assert that it could ever have been predicted that SO Britons would have fled before an equal number of savages ? The only argument upon which the charge .of rashness can' rest is, as far as I can see, in this view of the' question : Is,it prudent to ruk a collision between thetwo races byphtting British law into effect? But, thus viewed, the charge "of rashness appears tome undoubtedly to recoil upon our rulers, who placemen in situations in which it is their duty to put the law in execution, and leave them without sufficient power to do so. In fact, under the existing state of things, a police magistrate finds himself in a most anomalous and embarrassing position. On the one hand, it ishis, duty to enforce the penalties of thelaw ; on the other, he fears to do so : duty and strict justice are clear before Mm, but he must bring them into operation against a class of people who ore termed subjects, but whose tomahawks he knows are ready to prove themselves in the right. The white man submits to him and receives his punishment : hie must submit also* to the aboriginal, who cannot be punished. He lies under the penalties of the two laws, the civilized and the savage, and is under the protection of neither. Such are among the blessings which fldw fr«n the' belief in the miraculously sudden civilization of savages, and from the insane attempt founded upon it to govern them, without an overawing force, by the same laws as civilized men.

The conduct of those who were massacred at the Wairoo may be viewed in another light still, as tending, by a bold assertion of the law; to clear up disputed points of relation between the white man and the aboriginal, and to tend to the settlement of questions which, hitherto undecided, have retarded most seriously the advancement of this colony. It may be expected that such results win now arise, and the colony will owe them to those brave men who took a step which others of less courage would have shrunk from, and, by their deeply lamented deaths, may be said to have assured what in life they aimed at. It cannot be now doubted that a change must take place inthtfpolicy of the Government of this country, in the attitude assumed by it towards the aborigines. The interests of 15,000 British settlers demand it, and it would be much to the benefit of the aborigines themselves. The colonization of the country has now advanced toO far for it to be abandoned ; but there is no alternative, save change of system. What the effects of the affair of the Wairoo on the native mind may be, it is impossible to foretell. They have already been sufficiently incited to a feeling of the intrusion of the white man, and are prepared to demand exorbitant payment for land uninhabited, and utterly worthless to them. But, deplorable as it must be even now upon their minds, consider for an instant what it will be, if those savage chiefs, dyed in the blood of our countrymen, are allowed to go unpunished. It requires no witches' mirror to foresee consequences of the most disastrous kind to the colony, and admitting of such a certainty of prediction, that any man who should remain in it till they overtook him would be utterly mad. But it is still in the power of Government, to. repair in a great measure the misfortune which has befallen us, and to avert those still greater which threaten. If it be proved to the aborigines, by actual demonstration, that we are connected with and protected by a power against which their united warriors from the North Cape to Stewart's! Island could offer no chance of reM«tance, ' they will then learn that the name of Queen Victoria ' is not an empty sound, and feel the necessity o f submitting to laws, the justice of which they ca^ot fail to recognize. And who con doubt that sucw a demonstration of force would, if directed by an enlightened humanity, be the nfeans of guiding, in the spetau^t manner, the aborigines at present steeped in some u£jthe most revolting practices of the savage to the knowledge <?f those social duties and obligations which civilized man obeys. How monstrous « the condition of the native population at present ! How hurtfnllj- palpable the weakness of the Government ! The natives are British subjects, and yet, among them, murder, cannibalism, and slavery are tolerated, and must be tolerated because they cannot be put down. It is anything bat my intention to blame the Local Government for this, for, whatever their inclinations might be, they have not the power to enforce them. < But do not our rulers at home stand convicted of the greatest absurdity? Lord John Russell writes to Captain Hobson to make no compromise withmurder> cannibalism* and other crimes revolting to humanity; at the same time, giving him 80 soldiers to suppress these crimes among $otooo0 t OOO armed savages, who cling to- them with all the fondness of old association And conservative attachment. .

;To do justice to th&Brhish settlers in New Zealand, the demonstration of am -overawing force is absolutely necessary. If this be riot made shortly, and the policy of the Government hi other respects changed, New Zealand, of advancing, must rctrogatte. The question of title* to land, from the course which Government has pursued in it> has already most seriously injured the country, ruining many, and driving others away in disgust On this matter, Government professes to act -wit* the Strictest justice, and according to the very letter of the law ; and, for aught I know to the contrary, it may do so. But when it sees that, in practice, this leads to absurdity, confusion^ and misery, should H oat adopt a different ■coarse 1 , and make a different law ? It is in some eases necessary to stretch the letter of the law, that justice may. be done, and S Government wants a precedent, it has not far to 50 for otic. In favour of the native population ttiime islands; it has already inferferwrin a moaner which rigorous justice could not sattctfeu; htft which justice, properly uudentood, must approve

of. For, what else can be said of it» depriving many individuals of the greater part of the land which they had purchased when New Zealand was an independent country? If the Government wishes now to do justice to its own kindred subjects, there is nothing for it but to cut the Gordian knot of the Land Question, and with a strong hand to do that which will undoubtedly be ultimately beneficial both to the white man and the aboriginal. Of the land on which the Nelson settlers wish to locate themselves, there axe certainly not 50Q acres made use of by the natives, and, without dispossessing them df these, were! the Government to take 1 possession of the tfaste land, and protect our colonists in settling upon it, the natives would receive, according to our scheme, 20,000 acres of land, made valuable by the industry and capital of the white man, in exchange for 180,000 acres of wilderness, at present of no earthly use to them. The next question that presents itself to our minds is, will the Government adopt such measures ? For my part, I have no great hopes of it. In the first place, I conceive that it is too much under the influence of a philanthropy which no one respects more highly than I do, at the same time that I conceive it to be greatly mistaken in the proper means of furthering its intentions. In the^ second place, our home rulers know very little of the real nature Of New Zealand, and, it appears, care not a great deal more.

We have seen them declaring their sovereignty over New Zealand, and again denying it.ai it suited their purpose ; we have seen them stretch justice in an extraordinary manner, and again cling to the letter of the law, with dogged tenacity, though ruin and misery were the result Bat lastly, we, who are settled under the auspices of the New Zealand Company, have seen too much of a policy dictated by a petty and unstatesmanlike jealousy, neglect* ful of the interests of the settlers, but seeking t&. crush what has been regarded as a too powerful rival. In the present position of affairs, it is to be hoped that no paltry feelings of rivalry will interfere to prevent the British settlers' throughout New Zealand from unanimously combining to obtain more efficient protection, 'more unshrinking administration of law, and- a different line of policy in the acquisition of land. These are not questions which affect the settlers in any particular part of the country alone, they are of vital interest to every one, and in every part of New Zealand. If we look forward to what the present state of things will lead to, we can see nothing but disappointment and utter failure ; but, looking calmly upon our present condition, and searching for a remedy, we may see that, though this disaster at the Wairoo has been a most heavy blow to the colony, it may yet lead to our being placed upon a firmer footing, and must, I should say, be the means of proving to the natives, that we have a mighty power at^our back, which watches over, sympathizes with us, and protect us, and will infallibly avenge the murder of its subjects. I am, sir, yours, &c, Auckland, August 7. D. Monro.

Origin op tlbe word "Tariff." — The puzzling name, " tariff," is derived from the town Tarifa, at the mouth of the Straits of Gibraltar, and the most southern point in Europe, not even excepting Cape Matapan, at the foot of the Morea. Tarifa was the last stronghold which the Moors disputed with the Christians, and is still within three leagues of the empire of Morocco. When the Moors held possession of both pillars of Hercules, it was here that they levied contributions for vessels- entering the Mediterranean — whence the generic name. — True Tablet.

Sheep. — An improvement in the fattening of sheep has recently been adopted in Shrewsbury, which promises to be attended with great success. Mr. Johnson, corn factOf, having Weighed three sheep, put them to feed with pease, at the rate of a pint each day to each sheep, in addition to their usual run of pasture. On being token up and weighed, three weeks after being put on.tbis food, the three were found to have gained 391b5., being at the rate of 131bs. each in twenty-one days \ the whole expense of the pease used being 7s. 4d., whilst the extra value put on the sheep amounted to 20s. — Coventry Herald. „ Prejudices. — Our passions and prejudices ever mislead us. There is a French ben trovato on this topic. A curate and his wife nad heard that the moon was inhabited : a telescope was borrowed, and the lady had the first peep. " I see," said she, " I see two shades inclining towards' each other: thft« :*«■» *»«"»»•* Aanbt, happy lovers." — —foh 1 " said the curate, looiuug in ms turn ; " Those two shades are the two steeples of a cathedral."

The Pbess in Europe. — There are published in Europe 1,720 daily, weekly,, monthly, or quarterly journals. Thetwo Americas, including the Archipelago of the Antilles, and other colonies, produces 403. Five appear in the north, and twelve on the coast of Africa.-^-One only is known in the Ocean, but 124 in Asia, without reckoning those in China and other countries rarely visited.

' Diet and Medicine. — Variety of medicines is the daughter of ignorance ; and it is not more true that many dishes have caused many diseases, than this is true, that many medicines have caused few cures.— Bacon.