§ XIII.—Remarks on the Causes and Consequences OF THE Massacre.

Nelson Examiner and New Zealand Chronicle, Volume II, Issue 94, 23 December 1843, Page 10 (Supplement)

§ XIII. — Remarks on the Causes and Consequences OF THE Massacre.

The Wairau Massacre may call the attention of many to New Zealand who never took an interest in that country before. And as that sad affair arose out of the unsettled state of the land claims, the nature of these latter, the rights and wrongs of the contending parties, and the causes of their disputes, may be expected to be often canvassed by persons out of the reach of means of correct information. Moreover, as there is ample proof in the foregoing pages that the Government and its servants here and elsewhere have already adopted what appears to us an incorrect and onesided view of the question (best calculated, certainly, to acquit themselves of blame and excuse their policy), it is the more necessary for us to endeavour by all means to remove that impression, and make what we believe the real truth of the case everywhere known. And with such plain opposition of truth and common sense to all kinds of biassed opinion, of unconscious or intentional tnisstoteraents, we must be content to leave the result to the Agency that " shapes our ends " to the best, " rough hew them how we will." I. The principles on which the New Zealand Company was founded, and the mode in which those principles have been attempted to be carried out, ore, we maintain, and have ever been such as are best calculated to benefit the natives, and most consonant to justice and humanity. 1. Colonization had already been carried on to a considerable extent in the worst possible way ; whalers, run-away convicts, and others, had much increased the amount of crime and evil they found already existing among the natives. The substitution of tegular and efficient government for the lawlessness and anarchy then prevailing was the only cure for these evils. And sound and systematic colonisation was the only thing which could have forced on the British Ministry the establishment of such a government. And this it actually did. The New Zealand Association was a body of gentlemen, interested in colonization as a science, and desirous of applying a certain theory of colonization to New Zealand. They were to obtain a bill from Parliament for the creation of commissioners to regulate the buying and selling of land and establishment of settlements. Government forced them to take a pecuniary interest in these affairs, that their proceedings might be the more careful and cautious. They were therefore obliged to become a trading company, and a charter was eventually granted them. Their principles of colonisation are few and simple. Capital and labour arc the two articles the want of which is the greatest impediment to

the progress of a colony. To induce capitalists to emigrate, labour must be easily procurable, or capital cannot be profitably employed. To provide this labour, land must be bought at a low price and sold at a high one, and the proceeds applied to the carrying out of labourers free of expens?. But that the labour so sent out may be kept some time in the market for capitalists' employ, land must not be sold too cheaply, or all the community become landlords at once. To keep up the price of land, some person or persons, acting as a body, must possess large tracts of it, so as to command the sale of it in the market. Therefore it is necessary that those who are to carry on systematic colonization should buy very large tracts of land, and buy them cheaply. But to do this without injustice to the native inhabitants, and to preserve them from that giadual extermination which has generally followed the colonization of savage countries by civilized men, the plan of reserving for' the use of the natives a portion of all tbe lands bought was adopted. And while in goods and money the natives were to be paid on a more liberal scale than on any former occasions they had been, these reserves, rendered valuable by colonization, were to be considered the true equivalent given. They were to be held in trust for the benefit of the natives, not by the Company purchasing, but by other responsible persons. And eventually they were to be disposed of iv some way that might tend to preserve the body of chiefs in the relative superiority over the other natives they enjoy at present. This, after much thought, was conceived to be the best mode of preserving the native race from extinction. But one especial principle, to be adopted was the distribution of these reserved lands among those of the European settlers, lest the whole body of natives in any district should remain isolated, savage, and possibly hostile, in the midst of a civilized community. This had often been the case with the North American Indians, and their ejection from the large and isolated block reserved was the necessary consequence. The mixing up of the native sections with those of the white men was and is expected to prevent a similar result here.*

2. Now it will not, we think, be denied that these principles of colonization are the best that are known at present, both with regard to the white men introduced and the natives displaced. And these principles' have been carried out by the agents of the Company to the utmost of their power. The instructions to Colonel Wakefield respecting the purchases are full of the strongest injunctions to give a fair price — to explain fully the Company's objects — to obtain the consent of every owner— to take every step that could render them equitable, solemn, and binding. "We recommend," say these instructions, " that you should, on every occasion, treat the natives with the most entire frankness, thoroughly explaining to tli em that you wish to purchase the land for the purpose of establishing a settlement of Englishmen there, similar to the numerous English settlements on the rivers Thames and Hokiiinga and in the Bay of Islands ; or rather on a much larger scale, like the English settlements in New South Wales and Van Diemen's Land, with which the natives of Cook's Straits are very well acquainted. And you will abstain from completing any negotiation for a purchase of land until this its probable result shall be thoroughly understood by the native proprietors and by the tribe at large. Above all, you will be especially careful that all the owners of any tract of land which you may purchase shall be approving parties to the bargain, and that each of them receives his due share of the purchasemoney." f

Again—" The reserves of land are regarded as far more important to the natives than anything you will pay in the shape of purchase-money. At the same time, we are desirous that the purchasemoney should be less inadequate, according to English notions of the value of land, than has hitherto been the case in New Zealand purchases."§

" In whatever purchases you make, it is expedient that the boundaries of the land should be most clearly set forth ; not merely in words, but in a plan attached to a written contract." §

Further with respect to the treatment of the natives :— " You will consider any act of aggression or affront from any of the Company's servants as a sufficient reason for immediate dismissal from the Company's service, and in the most public manner."}:

And that the spirit as well as the letter of these instructions was acted up to in effecting the purchases, there is ample evidence in the despatches of the Principal Agent. These have been in print before the public a long time. We will give a few extracts, to show how these things were conducted. Speaking of the purchase of Port Nicholson, he says :—

" Monday, September 23.— When these had landed (the chiefs of two or three tribes), there had assembled about sixty men; and the affair which occupied all minds was brought on the carpet. After an introduction of the matter by Warepori, the leader of the opposition (by name Puakawa) rose and addressed the assembly. He objected to the sale of the place, on the score of the treatment to be expected by the natives from white settlers, and the inexpediency of parting with the homes which they had obtained after so much suffering, when driven from their native territory. He spoke for an hour, and evinced considerable power," || * * * * * " Matangi, the oldest and formerly the most influential chief of these tribes, favoured the sale. Warepori replied to his opponent, and talked a good deal about himself. " I favoured these discussions, from feeling assured that the more the affair was debated the more binding would be the bargain, should I succeed in concluding it ; and in themselves they had nothing disagreeable, for in all seriousness 1 con assert that I never saw a deliberative assembly conduct its business in a more regular or decorous manner. * * * At tbe close of the argument, which ended in a decision in favour of the sale, most of the meeting went away in cauoes

• See Correspondence with the Secretary of State relative to New Zealand, 1840, page 23, and generally Ntw Zealand Committee's Parliamentary Report, 1840. + Correspondence relative to New Zealand, paga J4. 4 /«*, page as. tiAttf, page M. I Colonel Wakefield's Journal. " Ward's Supplementary Inforaatto rabthw to N«w Zealand," pap 40.

to the chief village, where another debate was to take place. " Tuesday, September 14. — I was on shore today at the principal village, where the debate was renewed. It ended, as yesterday, in a large majority deciding to sell me all their rights in this harbour and district. At its conclusion, I formally asked the chiefs, through Mr. Barrett, whether they had made up their minds ; and they asked me, ' Have you seen the place ?' &c. I replied that I had seen all I wanted, and that it was good ; upon which they told me that it was now for me to speak, for that they had decided to sell their land, upon their own judgment and by the advice of their friends in the neighbourhood, notwithstanding the dissent of some grumblers, who owned but little of it, and whose only argument against the sale was that the white people would drive the natives away, as in Port Jackson, &c. They had previously had fully explained to them that a refer ye of land was to be made for them, and showed their knowledge of its meaning by now referring to it, in answer to this argument, and by saying they would live with the English as with each other. I begged the chiefs to go on board to-morrow, to see what I would give for the land, &c* • * * * ♦ 41 Under these circumstances, and following out the spirit of my instructions, I determined to act in the most liberal manner in the transaction. Moreover, I was most anxious to distinguish this bargain from all others that have been made in New Zealand — that none of the haggling and petty trading which usually take place between the Europeans and the natives of this country should enter into any operations between the latter and the Company's agents. <

" On Wednesday, 25th September, everything was in activity, and the articles for barter brought upon deck." That day was spent in opening and displaying, and on Thursday all came on board to divide them. Then began " another debate in due form. Warepori commenced by entreating the chiefs to use their influence to prevent a scramble when the goods were landed." Puakawa again renewed his opposition ; and said them were not enough of each article to go round amongst them all; that every one had cleared a bit of ground, and that many would find themselves without any thing in exchange for it. His arguments, however, were overruled by the rest. Another day (Friday) was required for the distribution of goods, the division having been made by Warepori. "It had been frequently interrupted by speeches from different chiefs ; but the leader of the opposition, having once made up his mind that the sale was to take place, showed no further hostility." " The deed drawn on parchment was then brought upon deck, and, after a full explanation to all present, by Mr. Barrett, of its contents, was signed by the chiefs and their sons, whom they brought up to the capstan, in order to assure me that they looked to the future, and to bind their children in the bargain made by themselves. Nayti (a New Zealander who had been some time in England), who had returned from a visit to his relations, was a subscribing witness." f

With greater expense of time and trouble, the consent of the other chiefs was obtained and their rights purchased. Rauparaha and the chiefs of the Kafia tribes figured greatly during these proceedings ; but at last gave up " all their possessions, rights, and claims on both sides of Cook's Straits." In fact, nothing could be imagined that was omitted to render these transactions more satisfactory to and binding on both parties. § After many journeys to and fro to get chiefs together or meet them in their own territories — after numerous discussions, breakings off, and renewals of the negotiations — quarrellings for the purchase-goods and reconcilements ;•— after displays of plans and charts, and particular mention of every district — after publicity in every way courted, with ceremonies, dances,, and salutings — these sales were effected. "In this purchase," says the Company's Agent in one place, " I have united the consent of various tribes and numerous chiefs and proprietors, have assembled as many natives as possible, in order to give publicity to the affair ; and have attempted to satisfy not only the chiefs, but each individual of the tribes, amongst whom I hope to see settlers located." $ Then as to the value of the goods and money given for the territories purchased by the Company. The following extracts from the Minutes of Evidence taken before the Select Committee on New Zealand will show that the dealings were equitable and payment sufficient :— " Can you state the value or the cost price of those articles which you transmitted to New Zealand for the purpose of making those purchases ? — Yes. The adventure of the Company by the first ship, the Tory, was about £9,000 ; the second adventure, by the Cuba, was about £8,000. Those goods were purchased by the Company here and selected for the purpose of barter ; and a portion of them has been given to the chiefs and the natives by the Company's Agent. 41 Have you formed any calculation as to what the land has cost you per acre which you have acquired? — The payments made for land in different ways by the Company are estimated altogether at about £45,000.

" Do you mean that they have paid £45,000 for the land ? — The Company has paid £45,000 for lands in different places." || Much of this sum went for land in the northern part of the Northern Island. The amount of land so bought was calculated at 20 million acres. ' Compared with some - other alleged purchases, the sum given was liberal. In an abstract of land claims for the Southern Island, we find purchases like the following : — Mr. E. Weller, of Sydney, claims 2,003,200 acres at. Otako, for which he gave £76 ; and at Akaroa, , 1,500,000 acres, the price paid being £67 ; while,. Messrs. Cattlin and Co. claim fire million acres mt 1 Akarot for a consideration of £60. *T These are 3 samples, and for from solitary ones, of the estimated value of lands in New Zealand. But " thaj Company regard these goods as a nominal price?; They have paid for their lands a much higher price)' than has commonly been paid by the purchaser*' in the first instance ; but the consideration which? * Colonel Wakefield's Journal. " Ward's Supplementary i Information relatire to New Zealand," pases 46, 47. t Ibid, p*fx 61. ' 4 See " ward's Supplementary Information," pace* ISO to 150. ' t Ibid, page 143. I Parliamentary lUport. New Zealand, 11(0, page 71. t Terry*! " New Zealand," pag« HI.

they offer to the natives, and which they regard as. the true purchase-money of the land, is the reserved (tenth), which (tenth), by means of the expenditure of the Company, acquires in a very short time a higher value than all the land possessed before."(«) By subsequent arrangements with Government, the Company became entitled only to so much of their lands as they could prove their actual outlay would pay for at the rate of ss. per acre. It is only then — to show that from the first their proceedings have been liberal towards the natives — that we need I remark that of the twenty millions of acres so purchased at first, it is notorious to any one who ever set foot in New Zealand that from ten to fifteen millions, and probably more, would have been utterly useless and unavailable for some generations, if ever likely to have become otherwise. But every absolute injustice to the natives is removed by the plan of reserving tenths of the land alienated. For that this is amply sufficient for the future requirements of the natives every one allows. Mr. Hanson, who, himself an active participator in the initiatory measures of the New Zealand scheme and the purhaser of some of the lands they claim, cfter being made Crown Prosecutor, bethought himself of writing to the Aborigines Protection Society, questioning the Company's proceedings, says — " Out of nearly 10,000 acres of fertile land which have been surveyed and selected in the immediate neighbourhood of Port Nicholson, 600 would have amply sufficed for the present wants of the natives. Out of 1,100 acres of which the town is composed, only eight are occupied by the native pas."(d)

" With regard to the reserving to the natives the tenth or eleventh part of the country lands," says Dr. Dieffenbach (who, observe, is by no means favourably disposed towards the Company), " Ido not mean to assert that that quantity of land is insufficient — on the contrary, it is more than is in any respect required for the present or for future generations."(c)

So that the reserves are ample — and they are inalienable, and have been made over to Government in trust for the benefit of the natives. Their money value it is impossible to calculate at present. Those in the Wellington settlement alone were calculated in London, in 1840, to be worth about JG3o,ooo.(cf) But it is certain that, at a future day, they must reach a value far beyond what the whole islands would have attained if left to the natives ; for their value must continually increase as the colony increases in wealth and population ; and in the nature of things it must one day become very superior in both.

11. "Why, then, it will be asked, have so much difficulty, disputes, and delay, arisen about the settlement of purchases made apparently with so much care, deliberation and liberality? One ■would have thought that commissioners directed to decide " without regard to legal forms and solemnities, but by the real justice and good conscience of the case,"(c) might easily have come to a decision upon such claims, and to the satisfaction of both parties. The causes direct and indirect are various, and we will endeavour to state some of them with all impartiality.

1. One of the most fertile sources of disagreement with respect to purchases made by the whites in the south is the complication and confusion of the titles of the natives themselves to the lands they were selling. To expect a correct knowledge of rights to landed property and clear division of it from savages, seems in itself perhaps somewhat preposterous. " Ideas of property," says an author of celebrity, " cannot be very correct where there is little distribution of it, and those whom we call savages we often may find thieves."(/)

D.r. Dieffenbach, indeed, declares that " there exists a very distinct notion of the rights of landed property amongst the natives, and every inch of land in New Zealand has its proprietor."(y) But this would be, if it existed, a fact that could scarcely be known to an European from experience, and , questionable enough if merely grounded on the assertion of natives. And though he says afterwards that each individual's portion is clearly definable, " from every hill, vale, and creek, having its name,"(A) we shall be slow in crediting the possibility of their correct knowledge of such definitions, when we consider the facts, of conquest being the principally acknowledged right — almost every tribe having been from time immemorial at war with some other — and of the extermination caused by these wars often extending to a whole tribe. The slight bond of union between the individuals of a tribe, " the origin of so great a 'variety of them, as any one may build a pa and assemble around him a tribe of his own, which not unfrequently happeas,"(i) must also tend to confuse these boundaries, so often changed by conquest and reconquest, restlessness and extermination. And Mr. Terry, who, in speaking of the definitiveness of their possessions, is probably alluding to the north of the Northern Island, says, " They hold their dominions in common, they never actually divide their property."(j) Then occupancy gives a right to land ; but they seldom or never cultivate the same pieces of land above a few years. The simple fact, however, of their having, been constantly at war about land boundaries must satisfy every rational person that such boundaries could never have been correctly defined.

2. Again, the respective degrees of proprietorship in the same land vested in the principal and inferior chiefs and freemen vary considerably in the north and the parts about Cook's Straits. Even in the north itself it seems there is great diversity in these respective rights to sell. " Often," »ays the Rev. Mr. Maunsell, " there will be only one main proprietor ; but, if he be not a chief of rank, the head man will take upon himself to dispose of the spot More frequently there are many of these main proprietors, and one will sell without consulting the others." "It would appear,

(a) Report. New Zealand, 1840, page 24. (A) See Mr. Hanson's letter in New Zealand Gazette of October 4, 1843, and its triumphant and convincing answer, point by point, supposed to be written by E. J. Wakefield, Esq., in the same paper. (c) Dieffenbach's " New Zealand," toI. 3, page 147. See also Terry, 210. (d) Parliamentary Report. New Zealand, 1840, page 33. (c) Bill to appoint commissioners, Sic., rlaipe 5. (/) Landors •• Imaginary Conversations," vol. a, page 36s. (g) Dieffenbaeh's "Tray els in New Zealand," vol. 3, page (*) Ibid, pagt ISS. (fl MM, page lit. # <, (/) " Hew Zealand," page 99.

then, there is considerable difficulty often in knowing who is the party legally to be treated with."(#) " Every one who is not a slave claims something in the land, ; '(l) says Mr. Busby, the first British resident. And then the majority of votes decides for or against the sale, and the " outvoted frequently complain of one or another selling lands which they had no business to sell."(m) And these outvoted chiefs or freemen of course declare on the investigation that they never sold their share, and expect fresh payment. But, whatever the case in the north, where civilization has made many changes in native customs, there is no such uniformity in the respective rights to land about Cook's Straits. This is shown clearly and at length in the Reply to Mr. Hanson, by a gentleman perhaps as well acquainted with the native language and native customs as any in the colony. In these parts, he says, " no right to land existed but in the pleasure of the most influential chief in the neighbourhood, who, among themselves, took, gave, sold, and exchanged land, granted squatting licenses, and again annulled them, with authority proportioned to his own strength and warlike fame, to his eloquence or high descent, to the number of men he could bring to the war-dance, or any other circumstance from which the chiefs then derived their rank. Instances innumerable can be adduced to prove this position." And then he cites some very striking ones — the latest having occurred since the Wairau massacre, when Rauparaha resumed in the most arbitrary way the ownership of land he had given to another tribe, who had sold it and received payment for it ; and this after it was actually settled by a white purchaser, and in spite of the indignation and remonstrances of the tribe and their chief.

We mention this confusion of rights, because, when known, it becomes at once apparent how many openings are thereby afforded to the natives for the exercise of dishonesty by unwarrantably effecting and afterwards questioning the validity of land sales ; and how culpably careless, or fraudulent a purchase may appear to biassed judgments, although every means was employed by the purchaser to pay fairly and fully every individual possessor. And that there is no want of disposition on the part of the natives to take such advantage, or of bias on the part of others to attribute the fault to purchasers, we think we can show.

3. Of the character of the natives of New Zealand there has always been much misapprehension. It has probably arisen in the propensity of mankind to run into extremes on all subjects; and to go from one to the other with the greatest facility. "Dum vitant stulti vitia, in contraria currunt," and the opinion in Europe of these natives is a notable example of it. The coldblooded and wholesale massacres reported not by English alone, but by Frenchmen, Dutchmen, and Spaniards, had made the words New Zealander and murderer almost synonymous. All resort to the islands for commercial purposes was nearly at an end ; the south sea whalers renewed the intercourse and prepared the way for the missionaries. The other side of the question was heard; and reason in some instances was given for suspecting that outrages previously supposed to spring from purely wanton barbarity, had their origin only in a thirst for sanguinary and indiscriminate revenge. This knowledge and the natural efforts of missionaries to enchance the effects of their labour* by making the most of the supposed change in the character of the natives, and of land speculators of all kinds to raise the value of their purchases by removing the horror with which their character was regarded, have turned European opinion quite round, and driven it into excess on the other side. So that " harmless " and " inoffensive " are the epithets most commonly applied, in public documents especially, to the once-abused natives. And any attempt to check this over-estimation is sure to be regarded with suspicion. There is a fashion in these matters : and long ago as 1784, the great and good Samuel Johnson was provoked to exclaim " Don't cant in defence of savages." (n) The cant was then of the Otaheitans, — and in praise chiefly of their external condition and circumstances. Now, it is of the New Zealanders, anrl extols their moral qualities. Nevertheless, it is probable they were not quite so bad as believed formerly, nor are quite so good as thought at pre>ent. Let us consider this a little.

A great external change in the native manners has indeed been produced by the missionaries, in those parts where they have carried on their labours. .Cannibalism there is nearly extinct, or entirely kept out of sight. And warfare, once so common, is very much less frequent. By this, the colonization of New Zealand has been rendered more feasible and greatly accelerated. But whether or in what degree this change is internal and influential upon the native character is still a question. Sudden conversions have always been regarded by the wisest teachers of religion with a suspicious eye. And among savages these are more questionable than among the unconverted of a civilized race. For the change in the former case is greater — the victory over custom and habit more difficult to win. Yet to an outward acceptance of doctrines, and even an outward conformity of conduct in some respects, there are many more influences acting upon the savage than the civilized being. These doctrines are taught them by a race for the most part acknowledged to be their superiors ; there is novelty to allure them — gratification for curiosity — vanity to be flattered by their intellectual association with the higher race — love of approbation to be humoured by the esteem and applause of the latter — pride to be furnished with food by their own apparent superiority over their fellow countrymen not yet enlightened. And the intellectual doctrines of Christianity, appealing as they do to that love of self, in the widest sense, which is natural to all mankind, by promising the acquisition of the greatest possible good, in the long run, to the individuals concerned, are such as savages will readily embrace.. And if the conditions on which such acquisition is to be secured are the regular observance of ceremonies, attendance at places of worship, and correct repetitions of liturgies, it must be confessed that the New Zealand^ is a most favourable subject for the offer to be made to. Ever ready with their feelings, and fond of displaying them — with let forms

(k) Mr. D. Coatea' evidsnee, Farl. Report, 1840. page 85. (0 Ibid, page iSi. (m) Mr. Blackett'a evidence, ibid, page 60. (h) See Boswell'a " Life of Johnson, 1 ' vol. 4.

established time out of mind to rejoice in — to lament in — to exult, triumph, defy in — until the power of perfectly mimicking every passion has become a matter of course, (0) — they love to show to Europeans how admirably they go through the services of their religion. And if ceremonial observances were and are even in their very nature agreeable to the New Zealanders, at the time of the establishment and chief labour of the missions, the pacific doctrines of Christianity were equally acceptable. It found them sick of war — it preached universal peace. E' Ongi, the most celebrated New Zealand warrior of late years, had wearied them of fighting. Nor is it probable that the doctrines of peace ever were or would be unpalatable to any race of men in any age.

The New Zealander's so called taste for war is rather a desire for revenge without risk — for surprise and murder than for danger and contest. Their very courage is questionable. Opinions on this point differ almost irreconcilably. Dr. Dieffenbach says " the New Zealander is no coward," &c. ; Mr. Nicholas, " Native courage they possess in an eminent degree ;"(/>) Mr. Campbell, " They are great cowards if they are aware you have firearms or other weapons of defence about you ;"(q) Mr. Bidwell, " They are such cowards that they would never fight without some such adventitious excitement ;"(r) and the Rev. Mr. Yate declares that " to call them a brave people were a sad misttake, unless a few instances of utter recklessness may be denominated bravery." Again, " But however brave they may have been represented as a people, they are the most arrant cowards, trembling at their own ahadows, and never venturing to attack except greatly superior in numbers or in arms and ammunition. They have been represented as brave because noisy and furious ; they have been considered bold because at times reckless and thoughtless ; but their general character only requires to be known to enable any one to distinguish the broad marks of treachery and cowardice which are stamped upon it."(s) The truth seems' to be, they are only bold when under great excitement, and may then become utterly reckless. The boldness under command of the reason — the cool courage, which even in Europe belongs more to the northern than the southern nations, they have nothing of. This peculiarity is quite consistent with the rest of their character. The quickness of intellectual perception — the flexibility of manners — the openness to impressions, are all equally with the want of hardy courage and the taste for the wildest cruelty, the results of a soft temperament. They are the Italians of the savage races — the very reverse of the North American Indians. So that the change from a state of warfare to one of peace was not likely to cost themselves or their teachers a very violent struggle. But it was not so easy to alter the character as to produce this external conformity in manners and customs to new doctrines. The moral tuition of savages requires, in an especial degree, a profound knowledge of human nature— -a penetrating, subtle, and vigorous intellect. With uncultivated members of a civilized community — the agency of civilization, though they are unconscious of it, has done half the work! The fundamental moral truths are with them conventionalisms. Custom and habit, if not of their own, yet of the majority of those they have lived among, fight on the side of the teacher in the case of the civilized savage, against him in that of the uncivilized. The teacher himself has to do in the case of the latter what a thousand external influences have done in that of the former. And if the savage, usually so called, have great natural intelligence, though this renders the task lighter to a teacher of an equally powerful, cultivated mmd — it renders it hopeless almost and insurmountable to one of duller natural powers and low cultivation. For the grounds of all morals must be argued and defended — the excellence . of general effects and long results be clearly shown to prove the excellence of self-denying individual virtues. And with no examples of these effects to point to, how difficult must be this task ? We have been induced to give at length these reasons for our belief that, in spite of the external adoption of Christianity, the natural character of the natives of New Zealand is not so much changed as generally supposed at horne — because of the importance of a right opinion on this point. But we have direct evidence to give in support of this notion. Their cruelty still exists, and will while they are savages. " Pity," says the same great reasoner before quoted, " is not natural to man. Children are always cruel. Savages are always cruel. Pity is acquired and improved by the cultivation of reason."(o For instances of it, it is only necessary to look into any of the books of travellers and others, published during the last twenty years.(w) But passing by revolting examples of it, it is only necessary to state the. opinions of persons prejudiced, if at all, in their favour. " The New Zealanders," says the Rev. Mr. Yate, church missionary, " when first discovered, were indeed a savage and barbarous people ; and till within a very few years there has apparently been little or no difference in their national character. Intercourse with civilized man, and knowledge of the blessings which are to be derived from the acceptance of the Gospel, have in some measure changed the character of all those on the eastern coast and north of the Thames. The great body, however, of even these natives still retain a large portion if not all of their original manners."(») The inference is that the natives of all the other parts of the islands retain their original character and manners. The same author says, " Cruelty and a desire to inflict pain mark all the proceedings of a New Zealand battle."(u>) " They are cruel in their wars, either of retaliation or aggression,"(.r; says Dr. Dieffenbach. The author of " The New Zealanders " jMributes to their restless and ardent temperamenflßfceir turbulence, ferocity, and love

(o) See some striking examples of this in the Rev. Mr. Yate's "Account of New Zealand,", pages 101, 103. (p) " Narrative," page 308. (q) " Present State, &c, of New Zealand," page 29. (r; " Rambles in New Zealand," page 83. (<) " Account of New Zealand," pages 114, 128. \t) Dr. Johnson. Boswell, vol. 1. («) Sec " Ten Months' Residence in New Zealand," by Captain Cruise, pages 49, 43. Earle's " Nine Months' Residence in New Zealand," pages, 82, 1 13. Nicholas' " Narrative of a Voyage to New Zealand," vol. 1 , page sis. Dieffenbach, vol. 3, page 130, &c (0) " Account of New Zealand," by the Rev. William Yate. 1835. Page 81. (w) Ibid, pages 139, 130. (a) " Travels in New Zealand," vol. 2, pfjelio.

of blood."(y) Mr. Nicholas says " Their courage is never tempered with mercy nor softened down by coinpassion."(z) But it is not their cruelty we have to do with just now — evidence of which these pages throughout probably contain enough. The part of their character which affects the settlement of land claims is their dissimulation, falsehood, and cupidity. These terms are not too harsh, as we will show, whatever they appear. Their excuse may in some measure be found in their natural desire to obtain the objects of luxury and comfort they see possessed by the whites they deal with — a greater temptation to them than perhaps we can easily imagine; and in the want of any moral education to restrain this desire within the bounds of its legitimate exercise. Indeed, this character is a necessary consequence of their condition. 11 Art and cunning," says Robertson.(e) " have been universally observed as distinguishing characteristics of all savages. * * * In civilized life, those persons who by their situations have but a few objects of pursuit, on which their minds incessantly dwell, are most remarkable for low artifice in carrying on their little projects. Among savages, whose views are equally confined and their attention no less persevering, those circumstances must operate still more powerfully, and gradually accustom them to a disingenuous subtlety in all their transactions." This abstract explanation and description applies perfectly to the New Zealanders. Mr. Yate speaks of the decrease, " wherever the Gospel prevails, of their wandering, warlike, thievish propensities." (fl) " With less intellectual acuteness and energy, their cunning would be less refined and insidious, and they would not be so much given to suspicion, jealousy, dissimulation, lying, and calumny. Even the most respectable of the chiefs are often not to be trusted on their most solemn affirmation ; and in speaking of each other, in particular, they are accustomed to indulge in the wildest excesses of falsehood and slander."(c) " Moral principle," says Mr. Busby, M if it exists at all among the present race of chiefs, is too weak to withstand the temptation of the slightest personal consideration."^) " You can buy any chief over for a blanket," says another witness, " to any opinion you think proper." (c) " Among the moral vices," writes Mr. Nicholas, " to which many of them are prone, may be reckoned the odious practice of lying, in which they too frequently indulge. The falsehood of these people is seldom of a harmless nature ; but they practise it most frequently to serve their own interested I purposes." (/) " They are selfish and cunning — will impose on strangers if they can — some ot them are very much addicted to thieving ;" — so Mr. Campbell reports.^) "I am afraid," says Mr. Bidwell, " they have no such feeling as gratitude, even in the weakest sense. They have not only no phrase corresponding to ' Thank you,' but no form of words to use when they receive a present."^) And even their staunch advocate, Dr. Dieffenbach, is " sorry to say that, by intercourse with Europeans, the natives have lost many of their original good qualities, and have acquired j others far less amiable. They have become co- ; vetous, suspicious, and importunate."(z) < It is owing, then, to these acknowledged quali* ties that the natives have, in many instances, sold the same land over and over again to different j persons. The fact is declared by Mr. Busby, in j his evidence before the select committee of the House of Commons, (j) And Mr. Blackett, being asked, "In some cases you think the same land has been bought two or three times over?" answered, " I have been witness to it."(£) An example is given by Mr. E. G. Wakefield, in his evidence on the same occasion: — "The French company alleges that it has purchased Bank's Peninsula from a Captain Langlois, the master of a French whaler, who professes to have purchased it from the natives ; but there is a gentleman in attendance who will state that it has been purchased several times over by Englishmen." (l) But that they should be careless about truth, and not remarkable for honesty, can hardly be wondered at, when so lately they would have knocked an ancient enemy or slave on the head for a hatchet. Examples of their disregard of truth, in reference to these very land claims, can be given. " Hiko, one of the great chiefs of the Kawia tribe, wat heard by the person who held the pen for him to assert to Governor Hobson that he had not seer the Company's deed, or made the mark against his name in it."(w) And it is probable tha' many more instances will be discovered when th< proceedings of the Commissioners of Land Claim! are made public. And yet these are the peopli whose evidence is to be taken in courts of law as to the sale of lands, to which their titles are s< confused and complex, and the articles received ii exchange for which are most likely long sine worn out or consumed. And even in graver case than land claims, the Wairau massacre for in stance, such evidence is to outweigh that of mci of high character and education! Is it to be wondered at, justice being administered on stfch principles, that there is infinite delay in the settlement of Land Claims ? Are we to believe, then, that the natives did not know what they were about when they signed deeds and accepted payment for the disposal of their lands ? Must we conclude, with one of their ingenious apologists, that, having no ownership in the land, they meant " to sell the right of purchasing it from the actual owners ;" or, more extraordinary still, that they " meant to sell a right of citizenship." (n) The cunning and cupidity which we have seen they possess might answer to the fact and the pretence, if even made by themselves. But take more direct evidence. " Are the natives, generally speaking, well acquainted with the nature of these transactions (purchases, with

(y) Published by Society for the Diffusion of Knowledge, page 382. Cs) Nicholas' " Narrative," toI. 2, page 308. (a) " History of America," book iv. (b) Yate, page 246. (c) " New Zealanders," page 383. (d) Letters forwarded by Sir R. Boorke to Lord Glenelf). Correspondence, page 15. (c) Evidence of Mr. Blackett before Select Committee. Parliamentary Report, 1840, page 63. (/> Nicholas' " Namtivs," vol. 1, pages 384-S, (g) " Present State, &c., of New Zealand," page* 39, SO. (A) " Rambles ia New Zealand." page 19. (t) " New Zealand," rol. 3, page 110. (j) Parliamentary Report, 1840, pagt ISO. (A) J6ai,page6l. (1) Ibid, page M. (m) Reply to Mr. Hanion. (n) Mr. Hanson's letter.

reserves, and deeds conveying the reserve* to the sellers) ? — Perfectly well. The consequence of the first arrangement of the kind was numerous offers of land."(o) Government treated with them for the cession of the sovereignty. The principal chief of Kaitaia, Nopera, making a speech upon the occasion, said, " The shadow of the land goes to Queen Victoria, the substance remains with us."(j») We do not hear of his having received payment for this shadow. And there are some honest enough to confess this knowledge in the strongest terms. " Rangi Tauira, an old and influential chieftain, declared in Mr. Spain's court at Wanganui, that he had sold his pas, his cultivations, and his very burying grounds. And he had repeatedly offered to remove his pa and people to a native reserve, whenever required."^) But the insinuation of this ignorance is hardly worth refutal. " I have been much surprised," says Mr. Nicholas, "to see with what address and calculating circumspection they concluded their bargains ; how persons in their state could have acquired such a proficiency in all the subtleties of traffic."(r) And the great experience they have had in land- selling — there being above eight hundred claims to, in the aggregate, thirty-two millions of acres, scattered over the three islands, many of which claims refer to purchases made many years back, and are put in by old settlers and occupiers(s) — this alone shows the absurdity of supposing them ignorant of the nature of a land-sale, and of the ordinary circumstances accompanying it.

3. The uncertainty then of boundaries, the mixed and complicated nature of the relations between chiefs and individuals as to ownership, but much more, the unchanged character of the natives, their subtlety, cunning, cupidity, and perfect disregard of truth in deed and word — for of these qualities, whatever excellences they are coupled with, and these are many, there can be no doubt, exemplified as they have been in frequent sales of land belonging to other natives, resales of land already parted with, and false assertions on the investigation of them — these causes have conspired to produce the dissatisfaction and delay respecting claims justly founded, and purchases made with liberality and good faith. But these alone would probably not have been sufficient for the effects produced, had not other and less direct influences been actively at work. And these we come now to consider. The first, then, is the opposition of the missionaries. We wish to be understood throughout, as distinctly acknowledging the great good done by these pioneers of civilization.(l) The change they have produced in the outward habits of the natives of the northern and some other parts of these islands, whether to be permanent or only temporary, gave, as has been said, infinitely increased opportunities for colonization. But there is little unmixed good in the world, nor any body of men wholly perfect. The reasons and causes of the opposition to regular and general colonization are various, and of long standing. The Church Missionary Society at home had its own, the members of the missions out here had theirs. Of the latter, " the sincere ones," says the author of the very able document we have so often been indebted to,(v) " imbued with a prejudice that Christianity ought in every case to precede civilization, have feared for the effects of a systematic colonization, which might overthrow their favourite argument by requiring them to christianize natives who had already become civilized to a considerable extent." And without any motive but a disinterested one, it is quite possible that many might have dreaded the loss of their legitimate influence over the native mind, and a diminution of the effect produced by the doctrines they taught, when a body of men, in mere worldly gifts and accomplishments vastly their superiors, but many of whom, as they could not but be conscious from their European experience, would regard them and even the sacred doctrines and forms they inculcated with something of slight or indifference — should have, " by kindness, superior knowledge in other respects, which they were willing to impart, and that gentlemanly bearing and spirit which none better than the natives know how to appreciate, deserved a lasting hold on their esteem and obtained a distinguished place in their affections." (v) When set beside these children of the world, the inferiority of their own claims to importance and observance, at least measured by the acknowledgment of these claims by their own countrymen, they could not but know would at once be discovered by the natives, in whose estimation they had themselves hitherto been paramount. And the sincere ones could not but foresee, as resulting from a lower estimation of themselves, a weakening of the influence of the doctrines they taught. Doubtings and backslidings too would result, of which the quick intellect and temperament of the natives are particularly susceptible. Even the introduction of the higher clergy, likely to follow regular colonization, would be foreseen by the missionaries as a means of diminishing their influence. "If the natives be made to understand," says Mr. Terry, " that the Bishop is one of the heads of the church, and that the clergymen accompanying him are dignitaries, they will then consider all the previous missionaries and catechists as ' kukei,' or very common persons."(u>)

But while these motives might have actuated the perfectly sincere, it is undeniable that others of a different kind have influenced those less so. To understand these, it is necessary to be aware of the power enjoyed by the missionaries when the attention of Government was first turned towards these islands. They formed what has been well called a " kind of Levitical republic." Their power is proved by the simple fact, that when Mr. Busby was sent as first British Resident, he was accredited to the missionaries. " You will

(o) Mr, Busby's evidence. Parliamentary Report, page 131. (p) Terry's " New Zealand," page 29. (9) Reply to Mr. Hanson. (r) See Nicholas' " Narrative," naare2Bs. («) Terry, pages g<5, 97. (<; Dr. Diffenbach says, " The assertion is not quite correct that the missionaries have cleared the way for the settlement of Europeans, as in almost all cases they have been preceded by European adventurers, who dwelt in safety among the natives for many years before any missionary made his appearance." Vol. 2, page 165. To the whalers, with all their faults, and in somt degree even to the runaway convicts, i* the opening up of New Zealand to civilisation due. Desire of gain and fear of the gallows flrst set at nought the horror of tomahawk* and cannibalism. Outlaws and jail-bird* wen the unconscious instruments of eiriliiation and religion. (*) Reply to Mr. Hanson. (») Ibid. iw) Terry's " New Zealand," page !Dl.

find it convenient," says Sir Richard Bourke, the Governor of New South Wales, " to manage this conference by means of the missionaries, to whom you will be furnithed with credentials, and with whom you are recommended to communicate freely upon the objects of your appointment, and the measures you should adopt in treating with the chiefs." (*) And let it be remembered that the sovereignty over New Zealand was at that time repudiated by the Government. It was in fact considered as an independent state. And their Resident was accredited to the missionaries as the chief recognisable authorities in that state. The latter were willing to have some more regular authority established, with physical power to back it— they of course being " freely communicated with." They, in fact, were to be aljies of the Government, its principal virtual officers in establishing and exerciting the authority of law.(y) Could they be expected to give up this power without a struggle ? Was it likely it could be wrested from them without leaving disappointment and heartburning behind ? But to descend to still lower motives— though still perhaps excusable enough. The missionaries, contrary to their general instructions, had acquired vast tract* of land.(«) To provide for their growing families, was their excuse ; and no charitable man will deny its validity. They had purchased land without ever informing the society, " though their characters were concerned." And this to an immense extent. Mr. Fairburn, a Church miuiooary in the north, had become possessed of 40,000 acre*, (a) The society required satisfactory explanation or resignation of his situation in their service. He preferred the latter. Mr. White, a Wesleyan, was the largest private landholder in New Zealand, to the amount of 2,000,000 acres. He also left his society. (6) " Eleven missionaries," says Dr. Dieffenbach, (c) " the only ones who had given in their claims to the land commissioners when I left New Zealand, demanded 92,219 acres ; and four others had not yet submitted their claims, which I doubt not will be equally large. Some of theie persons are now retiring on their property, and their sons have become so independent as to refuse lucrative situations under Government." " The belief prevalent in Europe, that the missionaries cultivate the chief part of the land they posses*, is very errontous. I do not believe that more than sixty acres are in cultivation by missionaries or thtir tons in the whole of New Zealand ; and as that country is not a pastoral, but purely an agricultural one, the quantity of land they have claimed as being requisite for the support of their families is infinitely too large." "Many, by other pursuits, such a* bwiking, or trading with the produce of their gardens or stock, have become wealthy men."(d) Now, in all these secular pursuits, it was very natural for them to dread the introduction of competitor*, of greater capital and equal experience. And the presence of witnesses to all their proceedings, who would have the power and perhaps the will to make them known at home, was not, in their circumstance*, desirable. But, whatever the cause, the fact is certain, that the missionaries have always been opposed to the introduction of emigrants. The Rev. J. Beecham, Wesleyan missionary, says, in his evidence before the ulect committee of the House of Commons, " The Wesleyan missionaries would have been better pleased if colonisation had been altogether prevented."(c) " There is one thing," say* Mr. Campbell, " which I believe is pretty correct, that the Church missionaries are exceedingly jealous at the number of emigrant* who are now going to New Zealand."(/J And an amusing phrase in the letter of a Church missionary to the secretary of the society speaks volumes. "At this remarkable period in New Zealand hutory," says this gentleman, " when the enemy is pouring in like a iood."(g) And who were the " enemy," tn the estimation of this ditfuser of the doctrine of universal love? English gentlemen, merchants, farmers, and mechanics and labourers, the last with testimonials of good character from employers and clergymen and other ministers, as the necessary condition of their being sent out. " A body comprising," in the words of Lord Durham to Lord Normanoy, " persons of considerable property, as well as members of tome of the oldest and moit respectable families in the kingdom. "(A) Nor let it be supposed that these charges are made by per* sons interested in particular settlements, or particular scheme* of colonisation. So jealous were the missionaries of any interference with their power, that at fint they even opposed the Resident, Mr. Busby, accredited v he was to them by the Governor of New South Wale*. That gentleman has declared that unless they had "a defined and specific share in the government of the country, they could not be expected to support the British Government. And that where they wed their influence to oppose, " they would occasion him no little embarrassment, even when vested with the full powers of Government." And then he shows that he had not miscalculated :— " I conceived that I had gained at least this point, that they would respect my opinion*, even when they might not feel disposed to second my measures, lam grieved to say that in this I have been disappointed, for no other reason that I can discern than that I preferred my own opinion to their*, upon a point of duty which they took upon them to dictate to me."(i) And in all this opposition they were backed, if not urged to it, by the societies at borne. Mr. Coates, lay secretary of the Church Missionary Society, declares that their object was to establish a native government in New Zealand. (» The native government would of courne be directly under the influence of the missionaries ; they under the society in England; that governed by its committee* of management, acting through its lay secretary, Mr. Coatei, It was a snug little oligarchy, its doge and hierarch being Mr. Dandeson Coates. But the enemies ot this plan of native government being apparently too strong, the assertion of British sovereignty, and the establishment of its authority, waait last " acquiesced* ' (k) in by the society, though previously objected to on the grounds of its being opposed to "justice and international law." Their object, then, was to become the allies of Government in the exercise of its authority. And here the New Zealand Company were felt to be powerful rivals.

Thus opposed from the first to any interference with these islands but their own, to the establishment of English sovereignty, English law, English settlement*, it was not to be supposed tbat defeat and actual contact with the object* of their dislike would soften the opposition of the missionaries, or allay their animosity. And they have had but too many opportunities of gratifying it ; partly tfforded by the bias of Government in the same direction, partly by the selection of the chief and other protectors of aborigines from their body. But their chief power undoubtedly ariie* from the knowledge which they almost exclusively possen of the native tongue. And this particularly enables them to influence the natives unduly, with little chance of their machinations being detected or proved. The author of the reply to Mr. Hanson observes :—

41 When we consider how natural it it for the natives to distrust our ultimate intentions towardi them, and that to excite their suspicion is sufficient in order to secure their opposition ; when we know that a word spoken apparently at random, that a certain accentuation even of an otherwhe indifferent word is enough in the native language to imply a meaning, to attract attention, and encourage suspicion,— we need no longer wonder that their opposition has been accomplished, without our being able to bring direct proof against the prime movers. The letter written by Mr. Clarke to the natives of Pipitea, at the same time that Governor Hobion had authorized the Principal Agent to treat with the natives for the relinquish ment of their pas, did not direct them to decline any such negotiations, but dwelt on ' driving them from their pas,' and declared that to be against our laws. The natives were perfectly aware of this before, but their suspicions were naturally raised against the whole affair, and their uonour touched, when they were led to consider the negotiation for obtaining their consent to the arrangement a* only antM for ' driving them off their land.' "

The common voice accuses the protectors of more flagitious abuses of their situation ; but to what cannot be proved we will not further allude. Here is another from the reply to Mr. Hanson:—

'* At the distance of half a mile from Pa Te Aro, which is the one marked out as a public reserve, there is a patch of 38 acres of town laad reserved for the natives, which contains their favourite garden grounds. * • * Not only was the effort made to persuade them to move of their own will, but it was about to be crowned with success, until thwarted by the Wesleyan missionary md the servants of the

(*) Sir R. .Bourke'* instructions to J. Busby, Esq., 12th April, 1833. Correspondence relative to New Zealand, 1840, P*ge <• (y) See evidence of Dandeson Coatei, Esq. Parliamentary Report, 1840, page 83. (*) Ibid. See also Correspondence blßeen Church Mis. •ionary Society and Mr. Fairburn, tee. flsn. Rep. 1840. (a) See Mr. D. Coates' evidence. Parl. Rep., page 87. (b) See Rev. J. Beecham's evidence. Parl. Report, 1 840, P«geW. (c) " Travels in New Zealand," vol. J, page* 100, 10;. (rf) Ibid, page 164. ™^ (c) Parliamentary Report, 1840, pan 03. (/) " Present State of New Zealand," page St. (g) Letter of the Rev. H. WUliami, in Parliamentary Report, 1840, page 78. (A) Correspondence relating to New Zetland, page 21, (i) Mr. Busby's letter to the. Colonial Secretary of New South Wales. Correspondence relating to New Zealand, page Iff. U) See Mr. Coates' evidence, Parliamentary Report, 1140. (*) Ibid, pages 81, 89, 83. Mr. Coates was kept by the •elect committee an unmercifully long tim* writhing uj tha ' horns of the consequent dilemma. • j

Local Government. The native* of Te Aro had positively agreed to leave their pa, and take up their residence on the 38 acres above mentioned, for a consideration. of fifty pounds, which the Principal Agent had consented to give them : but the Chief Protector of Aborigines landed for a farewell conference with them before he went back to Auckland in the brig ; the Wealeyan missionary displayed more than ordinary activity; — and they suddenly and resolutely changed their mind." 4. The avowed or disguised ill will of the missionaries has greatly impeded the adjustment of land claims ; but its power to harm would have been much less had it not corresponded with the bias of the Local Government. The hostility of the latter to the southern settlers is notorious and of long standing. It began in the differences between the Home Govern ■ ment and the New Zealand Company, arising perhaps at first out of feelings natural enough under the circumstances. These seem to have been " the expense and trouble of managing colonies, of which England had already enough ; the impolicy of adding to them, their value being so little ; above all, the fear of the jealousy of France and America at any extension of our colonial possessions." (2) Lord Glenelg was Colonial Minister, and the dread of additional annoyances, work, and responsibility, natural to all Ministers, may well have operated upon him. So the Government was coy and uncomplying, and would not smile upon the Company's advances. The affair pressed ; a body of valuable emigrants was anxious to start ; dejay would have ruined the scheme ; the advantageous opportunity of systematic colonisation would have been lost. The Company worked hard to win Government countenance and support; failed at the time, and were obliged to proceed without it. Hence more irritation ; private and personal piques mixing themselves up with public transactions. And the Church Missionary Society, with its a year of expenditure and patronage, appears to have assisted in stimulating Government's disapprobation into opposition. Three members of the latter were at the time officers of the society, (m) Be that as it may, the hostility of Ministers was undoubted ; and communicated itself to their subordinates. It is the "curse" of governments as well as kings to have servants " that take their humour for a warrant, and on the winking of authority will understand a law." And the hu- , mour gains in strength the further it spreads. From Lords Normanby or Glenelg it lost nothing in being trammitted to Sir G. Gipps, Governor Hobton, and Mr. Shortland and the rest. And worse still ; having ceased or worn itself out at home, it still has life and activity here. The waves continue to roll when the storm that raised them is laid. Naturally honest and well-meaning, the late Governor's prejudice influenced his mode of carrying into effect measures in themselves perhaps justifiable. Hence indignant opposition from the southern settlers — natural enough ; measures then quite unjustifiable ; next petitions for the Governor's recall ; recriminations ; acrimony everywhere increased tenfold. Add the jealousy of the Government settlement at the superior numbers, wealth, and prosperity of the Company's. Figure, then, a body like the missionaries, including the Chief and SubProteetora of Aborigines, more influential with the natives than Government or settlers, of "limited education," (ra) with disappointments and fancied grievances of their own, cleverly taking advantage of the prejudice of Government against this so-called enemy, and of the ignorance and caprice of natives so little deficient in cunning, cupidity, aud faithlessness as we have shown them to be. What wonder the matter of land claims has become complicated, embarrassed, almost insoluble ? Is it from this disaffection of Government that our native reserves have as yet been turned to ao little account ? They are ample, have been chosen with every regard for native customs, convenience, and taste, contain excellent land in plenty, comprise or are adjacent to thepresent native cultivations, have river and sea frontages, and were several of them chosen at the request of native chiefs themselves, (o) Others, again, are valuable town acres, producing good rental. Barrett's Hotel, at Wellington, stands on one of them. In that settlement there are 110 town acres, and 3,200 rural, so reserved; a quantity not only sufficient "to supply the 500 natives of the district with convenient places of residence and land for tillage according to their own habits, for a space of time far beyond that required to teach them our improved methods, but to furnish a very large revenue, which, by being applied to schools, hospitals, the purchase of agricultural implements, cattle, clothes, and food to assist them while learning how to derive benefit from these latter article*, would have induced them to regard with respect and confidence their new visitors, whom they actually treat with increasing contempt and suspicion."^) The trustees of native reserves are the Governor, Bishop, and Chief Justice of New Zealand. Scruples of conscience prevent the last acting ; the Governor declines. Is this supmeness merely, or unwillingness to forward the iuterests of Wellington ? At Nelson, where the Protector of Aborigines was not a missionary, nor anxious to recommend himself to Government by consulting and gratifying any of its little jealousies or lurking antipathies, but an English gentleman of energy and honesty, something more has been done for the natives. That gentleman was Mr. Thompson, and the Bishop placed the management of the native reserves in hi* hands. The Company advanced jfc?2oo on security of the native town reserves, and* Maori school-house and two " hoatelries," constantly used by Maori visitors, have been built ; they are of brick, and among the best houses in the town. The reserves have been chosen with the same regard for the habits of the native* as was shown at Wellington. At Motuaka, the whole of their cultivated landa anil pas have been included in them ; and at Waukapuaka, where the amount of cultivatible land is but limited, the survey* were not carried within six miles of it. Where then is there discoverable on the part of the New Zealand Company, or it* agents, neglect of their duty to the natives — any departure from the justice, liberality, and consideration for their welfare, they have always professed to be actuated by in their dealings with them ? 5. Another cause of the untractableness of the natives in the affair of land claims, is the weakness of the Government, and their consequent contempt for it. This is acknowledged by the late Governor over and over again. In the case of Maketu, the murderer of six white persons and a native, he expressly says, "Maketu wax given up solely because his father, a chief, feared he would be killed on the spot by the Kororarika tribes, a grandson of whose head chief was the native boy murdered. "(g) But here is a case directly in point : — " TeWhere- Whero, chief of the Waikatos, dispossessed and conquered the tribe inhabiting Taranaki. Colonel Wakefleld, j coming five years afterwards, bought a large portion of the land of the remnant of the conquered tribe then dwelling there. Te- Whero- Whero resisted the claim, declaring the people who sold it were slaves, and lived there by sufferance. Governor Hobion proposed a moderate compensation, but the chief broke off the negotiation because Captain Hobson wished, before concluding it, to refer the " large claim " he made to Colonel Wakefield. "I have mentioned this cue," says Governor Hobson, " as the type of a hundred others, merely to show to your lordship how difficult it is, unsupported by power, to conclude any real bargain with the natives. For it is clear that in this case Te- Whero- Whero has presumed on hi* imposing potition, and on my evident weakness: and I am compelled to assume an independence, which I certainly can. not maintain." (r) The representative of the Crown of Great Britain has to talk of the " imposing position " of a savage in a blanket, and assumes an " independence " on the savage he cannot maintain 1 He declares that " the rights of the aborigines are very imperfectly defined," and that they are not unlikely to resort to force sooner or later, rather than suffer occupation of lands, which may have been fairly bought from one tribe, hut are claimed, (*) with great apparent justice, by another. All this is confirmation of what we endeavoured to show above ; and in 1840, he wrote to Lord Normanby : — " I know perfectly well the natives will resist all awards (of Land Commissioners) that may be unfavourable to them."(f) The weakness of the Government tended in another instance directly to exaggerate the native claims, and stimulate their cupidity. In procuring signatures of chiefs to that questionable treaty of Waitangi, this weakness left their agents with only one kind of moral influence to exert upon the natives — the prospect of pecuniary advantage. It was customary to dedure that the object of the treaty "was to prevent their selling their lands without sufficiently benefiting themselves, or obtaininir a fair equivalent." (v) And this sedulously impressed upon them over three parts of the islands, probably gave them the first notion of the advantages to be reaped by asking exorbitant prices for their land, and excited their regret at having previously parted with some at moderate prices. 111. But, had these influences all tended the other way —had the missionaries exerted their religious power— the Government its authority, supported by imposing physical force, who ess doubt that the acquiescence of the natives would long ago have been obtained 7 Nor would any injustice have been done them ; on the contrary, full justice and the greatest benefit. For we must not be too far led away by the constant talk.pf the " lawful and equitable" rights of

| {/) E. G. Wakefield'a evidence. Part. Rep. 1840, p. 7, tec. (•») Lord Glenelg, Sir G. Grey, and Mr. Stephen. See 1 Parliamentary Report, 1840, page 8, &c. I («t) Pieffenbach, vol. 1, page lfls. (o) See all this proved at length in reply to MafcHanson. (p) Reply to Mr. Hanson. (q) Parliamentary paper*, relating to New Zealand, 1843 page 191. (r) GdVeraor Hobton to Lord Stanley. Parliamentary papen relating to New Zealand, 1843, page 188. («) Ibid. (<) Parliamentary paper*, 1141, page 13. (tt) Ibid, 1843, page l«i.

the natives. " I assume," writes the Marquis of Normanby to Governor Hobion, (o) " that the price to be paid to the natives by the Local Government will bear an exceedingly small proportion to the price for which the Government will resell them to the settler. Nor is there any real injustice in this inequality. To the natives or chiefs much of the land is of no actual use, and, in their hands, possesses scarcely any exchangeable value." And the abstract ri^ht is little worth. Bights," says the deepest thinker of the age,(b) " you will everywhere find to be properly articulated mights." Articulated—that is, ascertained, asserted, acknowledged. The land v, flrst, God's, who made it ; next, theirs to whom he has given skill to use it best, and strength to hold it fastest. And the same numbers and knowledge that enable men to make the most of it, enable them also to keep it most securely. So that might is the test of right after all. The right of Discovery, so called, is but a conventionalism— an agreement between nations supposed to have equal power to take and skill to u»e it, that a country shall belong to the one that first finds it. This is by implication an acknowledgment that might is the right ; for it is a convention made expressly for the purpose of avoiding a reference to the standard of might, where |"'? nts are «> nearly equal and each so great, that the trial would be too tedious, costly, and destructive— a greater loss than the object in question a gain. That is the right of Discovery ;— conventional, artificial, not abstract or real. The right to use it best, shown by the power to take and keep it, is the only real right. This was the right of the Saxons to England— of the English to North America, New Holland, India— of the Spaniards to South America. And if no injus. t tice, tuere is also no inhumanity in the assertion of it. Colonization must be a benefit to the natives, rightly managed. By reserves, more land is secured to them than they can possibly use. But the right of might, asserted in the most barbarous manner, with revolting cruelty, and but of yesterday* date in many cases, is the right our Government is so warmly upholding, everywhere denominating ' ' luwtul and equitable." Victory — which means extermination— in battles fought for revenge for the slightest injuries, is the claim the humanest of Governments holds so sacred. Of the Waikato natives. Dr. Dieffenbach says, " The latter have expelled almost all the inhabitants from the finest district in Cook's Straits, Taranaki, without occupying it themselves. It was not the desire of more dwelling places which tempted them to this warfare, as they themselves possess one of the most productive parts of the island."(c) And this brings us to the Wairau. Rauparaha, whose life has been one long murder, massacred all the original inhabitants (the Rangitani) twelve years ago, leaving but a small remnant, who escaped to the woods, where they have lived since. Still the whole district is, except by these, unihabited. He and his tribe live across the sea at a distance. One of the scattered tribe is, while we write, in Nelson, and describes the horrible barbarities accompanying this slaughter. For the Maories are more atrocious in their cruelty towards each other than cren they have been towards the whites. This is his right to the Wairau. But this right he parted with, and sold the land so savagely won to the Company's Agent. " Tuesday, October 22, 1839.— Hik0, Rauparaha, Kangailiiro, and all the chief* of the Kafia tribes except Ranghiaita, v>ho resides at Mana, were on board early. A third talk on the important matter took place, in the presence of at least thirty witnesses, and ended in the full cession to me for the Corapany of all their rights and claims in both islands. The decks were thronged (with their followers)."(d) " 24th Oct. Hiko and Rauparaha on board. * * They then begged to .have the deed of conveyance read to them. This was done in the presence of Captain Lewis and all our party, and translated to their perfect understanding. The map of the territory to be ceded was again shown to them. They pointed out to what places they had claim, and told me that no one lived in most parts of it, and that a great deal of it was of no use to any one, and least of all to them. They then executed the deed."(c) " Monday, Oct. 28. Ranghiaita, chief of Mana, &c, executed the deed this morning."(/) The thing was done as at Port Nicholson, with all solemnity and publicity. Presuming thus that this to them useless tract was fairly bought, the Company's Agent at Nelson concluded he had a right at least to turvey it, though the chiefs last mentioned had been at Nelson and threatened to take the lives of those who went there. The settlers, too, wanted their lands ; and a large staff of surveyors, paid by the year, was maintained at a great expense, nor could be kept idle. But, if his right had I been less certain, these chiefs had bound themselves, by signing the treaty of Waitangi, to leave the vindication of their claims to the British Government. And having agreed with Mr. Spain to meet him there in the end of June, they went in the end of May, and, with arms and threats of violence, expelled the surveyors and burnt a house. The outrage could not be overlooked. The Police Magistrate and others went armed to arrest them— the conflict began(g-)— the whites fled — the gentlemen surrendered, the Maories shook hands with them, and after some time deliberately massacred them. (A) The Company— their agents— the inhabitants of their settlements, have ever been kind and well disposed to the Maories, as indeed they are even now. The leaders of this fatal expedition had been particularly 10. What kind of men they were we have some evidence of above ; but, to set at rest for ever all accusations on the score of attempts to oppress tho natives, hear one other witness, the warmest friend of tho latter — a man who, in physical energy and burning zeal for their conversion, seems to take for models, as much as may be in a cold age, the Xaviers and self-devoting apostles of an older day. Dr. Selwyn, the Bishop of New Zealand, writes thus to the Sheriff of Nelson of two of the conductors of the fatal affair : "If I had not been personally acquainted with the principal sufferers, common report would have enabled me to judge of the greatness of your loss : but, after spending three weeks in friendly intercourse with Captain Wakefield and Mr. Thompson, I may add my private testimony to the general voice which has been raised to perform the melancholy duty of doing honour to their memory. lam only expressing the opinion of all, when I s*y that there could scarcely be found a man more qualified than Captain Arthur Wakefield for tho difficult and responsible office which he held. Mr. Thompson* zeal for the welfare of the native people, and bis judicious exertions in their behalf, make it the more distressing that he should have died by their hands." One fault they made in judgment — it was that of overestimating the courage of undisciplined men, and of underrating tbat of the natives. Yet we have seen above how discordant are the opinions given on the latter point by a number of observers. Abstract right — justice — written law — and good policy even on the side of their attempt — and general good, would have been the consequnce of their success. There only remains now the vigorous assertion of tha authority of the law. The contempt of the native* for it and tha Government increases daily. Both are a mockery as regards them. Rauparaha, who styles himself King of New Zealand, "and declares he can cut up the whites like cabbages," treats the name of " the Queen," with coarse insult and scorn. " High estimation of themselves and contempt of other men,*-* says the historian quoted before, (j) " are characteristics of savages. The lowest and most ignorant in a civilized nation have most contempt for all who differ from them. And savages are to all maukind what the uncultivated are to the civilized community they dwell in." The Cherokees called the Europeans " Nothings" — " Froth of the sea," &c, and " though at first they were filled itith astonishment at their arts ana dread of their power, they soon came to abate their estimate of men whose maxims of life were so different from their own."i/) Think not the New Zealanders are behind hand in this over-estimate of themselves. (fr) It is vastly increased now, and, till lowered, they will show no respect for the laws or the Government of the white men, nor allow them any peace on their lands. History gives a caie exactly in point. In New England, the first colonists (those vilgrimfathera) gave a consideration for their lands to the native', and the first hostilities broke out from a determination of the latter to drive them from tracts so bought and occupied. The Pequod* and Norragansets began by *' surprising and scalping stragglers, and plundering and burning remote settlements," and at the first offensive operations of the English, " retired to fastnesses they deemed inaccessible." Then the settler* of Connecticut and Massachusetts (Oh, for the spirit of the olden time!) gathered their forces together, attack*! and defeated them with great slaughter. " Their vigorous efforts in this decisive campaign filled all the surrounding; tribes of Indians with such a high opinion of their valour, as secured a long tranquillity to all the settlements. "(0 Now-a-days we leave to Government the punishment of fees — our own protection. But let it do its duty. " The end of law is protection, as well as vengeance. Indeed, vengeance) is never used but to strengthen protection. That tociety only is well governed, where life is freed from danger and from suspicion. "(m) On these principles, we say, let the executed vengeance of the law secure us protection-

(a) Correspondence relating to New Zealand, 1840, p. 39. (6) Csrlyle on Chartism. (c) " New Zealand," vol 1, page 193. (d) Ward's " Supplementary Information," page 132. (c) Ibid, page 126. (/) Ibid, page IS4. (r) Morgan's evidence renders it moat probable that the natives fired first. Opportunity of revenge for an injury is to them a temptation irresistible. (A) See Pieffenbach, vol. 3, page 107, aid Yate. page IM. («) Robertson's " History 01 America," book iv. (J) Ibid. (*) See Dinenbach. vol. 9, page 107. (<) Robertson's " History of America," book x. (m) Johnson — from a written argumeutin BosweU's life.