MEMORIAL.

New Zealand Gazette and Wellington Spectator, Volume IV, Issue 315, 13 January 1844, Page 3

MEMORIAL.

To his Excellency Robert Fitzroy, • Captain in her Majesty's Navy, Go'vkrnor and vlce-admiral of the colony of New Zealand and its dependencies, &c. &c. We, the undersigned inhabitants of Port Nicholson, most respectfully submit the following facts .to the serious consideration of your Excellency. , More than four years have elapsed since we originally, purchased our title to land under the New Zealand Company. The land has been surveyed and selected, but we have • hitherto been able .to obtain possession of a very small portion, only. Questions of a serious nature daily arise between the colonist and the native, which, in the presept state of .the disputed claims to .land, .do i not .admit of a satisfactory or final adjustment. The colonists are prevented from clearing or . cultivating their lands, their capital has beeya greatly wasted, many labourers have leffrthe Colony, and irretrievable ruin inevitably, awaits them i. unless this question be speedily #nd finally settled. We hope that.no great or insuperable difficulty will impede its adjustment, as any future delay will be pregnant with occasions of. future strife, and will be productive of ruin to the settler without any permanent benefit to the native. We would also remind,, yojjr Excellency that the colonists, of Port Nicholson were the first purchasers of land from the New Zealand Company, ' and, have been mainly instrumental in causing other settlements to be subsequently formed in different parts of 'these Islands, and we would therefore submit to your Excellency whether our claims are not deserving of your earliest consideration. i Since the death of your Excellency's predecessor the late Governor, events have occurred, exceedingly calamitous in themselves, and indicating the existence of deep seated causes of disorder and dissension, events which have shewn at once the unrestrained passions of the native race, and their indisposition to admit the authority of Government, or bow to the supremacy of the law. We have been astonished at finding that the general impression among the natives is that they are only partially subject to our laws, that those woo assume to be their especial advocates appear to contend for this as a privilege to which they are entitled, and that in more than one instance the executive has been embarrassed by doubts upon this point expressed by leading officers of the government.; If there be any tbing in the transition 'state of the New Zealanders that requires a modification of the law, to adapt it gradually to their circumstances, we would suggest that such exceptional rules .might be framed and promulgated in the native language, but that no interpretation of any treaty, or any short sighted philanthropy should be pleaded as an exemption from the authority of the Queen's government. We believe that the Massacre at Wairau was only one example of what may be often repeated and on a greater scale, if the entire policy relating to* the' aborigines be not changed. A body of Englishmen accompanied the Magistrate because they saw that he carried with him ih'e. Queen's "warrant, with the policy or impolicy' of which they had^ no, concern j and the natives resisted because' they had been taught that on certain questions they were not amenable to our laws, "and throughout the affair and since they have acted as if they .were engaged in a legitimate warfare. We regret to say'thatj the subsequent .proceedings of the local government'have/tended, to confirm them in this belief. They have been treated and negociate'd with riot as " British' subj ects lying under.the imputation qfa'heinous crime,.but as belhgererit.powers, and" fchejrj how rest satisfied with the fruits' of a victory, jyhich has^confirmed these delusions'. , We haye been, taught that one drop of, the blood, of .the meanest of her Majesty's subjects was sacred' at the extremities of the earth,, and hefe'we find twentytwo slain, -nine of whom were massacred in cold' blood, %y men who'instead of being brought to trial or' made the subjects'of'a'jiidicial'enquiry, have been treated as' innocent and ' injured, parties. In further illustration of what has been advanced, we may add 'that in a late case in which a native of distinction was tried in this place .for robbery, considerable exjettement prevailed among the natives, and wefore credibly informed that a very' large assemblage of armed natives took place. among the hills. tie-, hind the town on then day ofthe trial, for the, purpose' 6f making an attack- on this settlement if 1 the sentence "on tWp/ritiolier' had been unsatisfactory tp,them., We,. dwell upon , this subject at length, because we-' are fully- convinced that unless an .equal" atfd Impartial administration of the law be secured raJStf classes of Her Majesty 'ssubjects "and an unqualified submission to its authority be exacted from the natives,

circu'mratances will' unhappily arise whiijh cannot fail to be detrimental and possibly ruinous to'th'eprosp'erity of the Polony, and to destroy | allthfee' hopes of the improvement" of. [the New Zealanders, founded upon their intercourse' with ! the' Settlers, and their consequent adoption of! the habits and feelings of a civilized community, ' which were entertained by those individuals to j whose exertions the- foundation of the Colony is! mainly to be attributable. ' <We fear that the \ establishment of Protector of Aborigines as at j present constituted, has not tended to promote good feeling between the native's. and colonists, , and would submit to your Excellency the inquiry whether disputes between the Natives and Europeans in reference to land, have not been more frequent in districts where Protectors have been appointed, after such appointments have been made. The suspension of Legislation in this Colony during the last year, has necessarily prevented the enactment of many laws deeply important to its welfare, and the distance of the Seat of Government from Port Nioholson, joined to the want of any Resident Functionary possessing adequate powers, has been productive of many serious inconveniences to the inhabitants of this place, We rejoice to believe, that the appointment of your Excellency, will lead to the immediate removal of the latter of these evils and will secure the enactment of laws founded upon the principles and harmonizing with the practice of the English Constitution, but so modified as to adapt them to the peculiar circumstances of this Colony. These subjects are of such deep and vital importance to the Colony, that we would hesitate to weaken the interest your Excellency may feel in them, by dwelling at length upon pthers which though of importance to the prosperity of the settlers, must yield to the urgent necessity which calls for measures relative to those already mentioned. One of the most important as affecting the internal regulation and ecconomy of the settlement, is the formatiom and maintaining of roads, so that we may be in profitable occupation of our lands, and the power of making the necessary improvements in the town. We would also suggest the expediency of erecting a beacon or light-house at the entrance of the harbour, the relaxation of the duties affecting the shore whale fisheries, so a3 to place them on the same footing with whaling ships, and a revision of 'our laws affecting our commerce with the neighbouring Colonies. We should be happy to be allowed to offer to your Excellency such suggestions on these and other points affecting the prosperity of the Colony; as our experience during the last four years may have enabled us to furnish, and we respectfully solicit that you will be pleased to appoint a day to receive a deputation, authorized to confer with your Excellency on these subjects.