The New Zealand Herald AUCKLAND, TUESDAY, JULY 26, 1864.

New Zealand Herald, Volume I, Issue 219, 26 July 1864, Page 2

The New Zealand Herald

AUCKLAND, TUESDAY, JULY 26, 1864.

SI'ECTEMUIt AGENDO. " Give every man thiuo ear, but few tliy voice: - Take each man's censure, but reserve thy This above nil, —To thine ownsolf be true; Aud it must follow, as the uiyht the day, Thou canst not tlieu be false to auy man."

A ccJu.ECTiox of papers under the title of " a copy of all correspondence that lias taken piace between the Governor Sir George Grey and the Colonial Oflice, relating to the policy of confiscation which has been adopted by the New Zealand Legislature," has been forwarded 1o ns by oijr London agent. The papers are printed by order of the House ol Commons, and contain certain despatches ot his Excellency, memorandums of Ministers, and the pamphlet of Sir William Martin, the latter of which is written for the express purpose of upsetting the confiscation act, and placing the motives, the actions, and the policy of the New Zealand Government and colonists in the--worst possible light before the British public. It is not our intention on the present occasion to revjew the pamphlet of Sir William Martin, but we now place before oui leaders the despatch ol Sir Geor fr e Grey and the memorandum of the Colonial Secretary, Mr. Pox, relative to the pamphlet: both of which will be found appended. It is rarely that we find Sir Geoi-ge Grey defending the colony against its slanderers here or at jiome, and considering how much there is in common between himself and Sir William Martin, his testimony is tho iiioi e valuable 011 the present occasion Of Sir AVilliam Martin we shall have more to say hereafter ; his pamphlet contains some ol the most unjustifiable attacks ever yet made upon tho colony, upon the revenue ol w Inch, be it remembered, he is a pensioner. He is not, however, the only man who while eating m idleness the bread of the colony is busily engaged in endeavouring to damage its best interests here and at home. " Sir George Grey by the despatch which we now republish, and which, be it remembered, must bo taken as his own unbiased personal opinion, levels with a blow the whole superstructvre which the Philo-Maoris nave so laboriously raised—the accusation that the present war was forced upon the natives by the colonists, and that in crossing the Mangatawhiri stream we were the first to declare war. This despatch of Sir George Grey is worthy of a careful The memorandum of the lion, the Colonial Secretary, Mr. Pox, in answer to the pamphlet ot Sir "W. Martin, goes to the root of the matter. " The problem to be solved by the Government," says Mr. Pox, " is not merely how to put down tho existing rebellion ; it is of no less consequence to prevent its recurrence." It is 011 this result that the justice and the expediency of the-confiscation policy rest. To show however that the penalty of confiscation is no new matter to the Maoris, Mr. Pox quotes the words of the natives, after the taking of To Kauperaha during the Cook s straits war.—" What is the good of taking the man, that will not stop lighting ; you should have taken his land." It is also shown, as every man in New Zealand knows, that the dread of this act alone has held back ajaDy tribes from actual rebellion,

Despatch from the Governor to Duke of Newcastle. ° e Government House, Auckland, January fi trim (Received 14th Marcli, IS64)' My Lord Duke, —I haTe the honour (o tr mit to your Grace' tlie documents named inT margin, relative to a paper by Sir V-,, e Martin, late Chief Justice of New Zcah,Vl T jecting to some of the plans proposed Government for tlie termination of the trJu now existing in this colony. ' cs The Colonial Secretary has appended, "jemoraiiuiim, expressing hi s views \m on V Will.am Martin's paper; I wish the lolloping remarks under vourfirw ° sideration:— " ' U ° s c °nSir William Martin says, para. 10, '• Jf jj ■ men, after giving the-best proof of 't], e ir intentions not to ' levy war' against the Queen W seeing their territory entered by an lr " 1 force, and property destroyed b'v that forep stood up to resist, ought we not in fairness t conclude that the}' resisted, not because tl were traitors, but l'flther because they JNew Zealanders, or because (Ley were men'" 6 3. I believe that tliis passage refers to the majority of the Waikato chiefs who, at native ruriarigas held to consider tlie question, refused before tbe commencement of the exisiiha troubles, to join tlie other natives in tlieir ur": posed attack upon tlie European settlements ■ 4. Ou this I would remark, thai two officers and nine soldiers bad. just then been most shockingly assassinated at IN*ew Plymouth, by the order of-some of tlie Upper Waikato chiefs I believe that tbe so-called. Maori £ing ],- that these orders bad been issued, ami either would nbt, or, most probably, Mas powerless to interfere. He, however, never gave me any warning that such an intention existed. 5. d list after these murders, plots were formed l,v tb— e people, ancl their adherents in the lower \Y ailcato, for an attack upon the settlement of Auckland. The natives who formed these plots were all well armed, and bad lons been preparing themselves for such enterprise* They Lad drilled their men, dressed them fcj uniforms, appointed therii to different ranlis. 6. Was it to be expected that a civilised people, who knew that the question of whether they were to be attacked or not was discussed in or councils, (which auvone could enter arid then vote), and was only'decided in the negative by a small majority, which any night might become a minority, should delay for a day to take tho requisite measures for the'proj tection of their families aijd properties; and what would have been said of the Government which, having the then recent and lamentable example at JS T ew Plymouth before its eves, had hesitated, to provide for the safety of the Queen's subjects ? Under such circumstances, must it not be held that Her Majesty's forces may be moved into any part of Her possessions, for the protection of the quiet and peaceable, against the armed and turbulent who are plotting their destruction; and that the mere fact of their having marched across a certain stream to attain this object cannot be regarded asaiiafct which justifies the turbulent In entering- an European settlement, and in murdering inoll'ensive and unarmed settlers, or in attacking •Her Majesty's forces ? ■ 0 7. I say this, not as an answer to Sir William Martin's views, which would probably agree with my own on this point; but because Hear that his remarks might, as they stand, be misunderstood by persons at a distance. S. In my despatch, No. 177, of the otk of December last, I enclosed a native statement, which showed that when General Cameron, early in July last, moyed to provide for tlie protection of the settlement of Auckland: the native attacking forces were already in motion; and. that when he crossed the Mr.ngataHhiri;' their leading parties had already passed up the Marajiiarua to occupy Paparata, or some other point on' the line which they intended to take up. 9. 1 now enclose for your Grace's information the copy of another native statement, from a independent source, which shows that tlie Waikato natives did their utmost, at the period of time to which I allude, to induce A\ illiam Thompson, to join them with his tribe in a simultaneous attack upon the European population, I have. Ac., (Signed) G. Grey.

ATtmurandum hy the Colonial Secretary, on Sir W. jifartiii's " Observation un [Prcqwid lo lake native land.y, is'c." I Imvc carefully read Sir William Martin's able and elaborate paper. His main aim appears appears to be to" snow tliat a general or even extensive confiscation of the lauds of the natives who have engaged in rebellion, would be beyond the power of the General Assembly, and would be unjust, and inexpedient. There is much is Sir YViiliam's argument from which 1 am not inclined to dissent, and many of his premises may be admitted more or less unreservedly liut I cannot concur in the conclusion at which he has arrived. Ihe subject is not one which can he regarded by the Government of this Colony as a mer? abstract question. - TVe have to deal with apw pie in actual rebellion, the largest and mosj powerful tribes being openly committed, and three-fourths of the whole jVlaori population sympathising, to an extent which renders the enforcement of law by the ordinary tribunals exceedingly dillieult, and as regards large section? °f the race, absolutely impossible. 'Ihe magnitude of the emergency is such ar to require the active operations of nearly 10,0t'. British troops, supported by 5 men of war, ana 9,<J00 men of the Colonial forces. A portion ot the Province of Auckland, 40 miles wide, by deep, has for six months past been desolated aw rendered uninhabitable by the inroads ot tie rebels, which have extended to within 15 nuie» of the cajjital; a very large amount of property# represeating the investment and industry ot - years has been destroyed ; unarmed men engage in peaceful occupations, and women and L'hildWj have been massacred in cold blood; while whole JN' orthern Island is kept in a condition oi insecurity and alarm, destructive ol its prosper ity, and almost absolutely putting a stop to ■<- colonization. Tile problem to be solved by the froveriiment. is not merely how to put down the existing re* beliion; it is of no less consequence to prevent its recurrence. Experience has proved that a mere military defeat has little more than a temporary effect on the Maori, and that as soon he has had breathing time, he is ready to rene hostilities, by which he loses little or notlung. but gains much plunder, and inflicts ruinous loss on his ultimately victorious There are only two methods by which l )L ' r . > outbreaks can be prevented ; one, the continu maintenance of a large military and naval such as at present is provided by the Impe r ' and Colonial Governments, and which the Colony into a camp ; the other, the duction and settlement of so large an Hiiro? 1 population, as may render insurrection V s in the eyes of the natives, and easily repreif • shoidd they be mad enough to attempt it. , secure this end, population must be introuj 1 into those districts now sparsely inhabited ) the rebels, and from which they make their roads into the settled districts ; and it is ornj ■ the lands of the rebel tribes, at least in province, of Auckland, in wliich it can 1 - established. The Government propo=- e ® , confiscate (that is to take without compeiis*"" no lands except those of which the owners u been engaged in open rebellion, or actually ai = and abetting it by overt acts. The law reeei. passed by the General Assembly does the Government to confiscate any lan" s these. It is true it enables the to take other lands, whether those ot 2iuros>eftn« ( for public vurpcssn I suw -

establishment of military villages, or the like, on ■paying full compensation, to be assessed by n ] ..rallv constituted tribunal. Tliis is in accordnee with a principle of constitutional law. which vests sirh u p°wcr in the supreme authority of every civilised people. The idea of confiscation ofland is not new to the Maori race, nor in any way abhorrent to tiieir moral sense. It has for centuries been the law of the victor among themselves, aeeompuiied bv the reduction into slavery of the eonqueivd tribe; and whether viewed as a punishment fcir rebellion, an indemnity for tlic eost of its suppression, or a material guarantee for the future, it seems to be based on the principles of iriitiral justice. Xo precaution which eould be taken would have an equal elleet in deterring other tribes from rebellion, compared with the impending penalty of losing their lands. When Tc Kaupahara was taken by Sir George Grey, during the Cook's Straits war, in ISKV. and held 8< a hostage, other natives asked, "What is the f.od of taking the liitiu ; that will not stop lighting, vou should have taken his land." The mere anuimncemeut ot an intention on the part of the Government to confiscate the lands of the Oakura murderers si-; months ago, is reported by various commissioners and resident magis- : trates to have had the best effect in repressing the excited sympathies of tribes not- yet actually -eimnitteJ. "On the other hand, if those tribe:?! wir.. :. - M'b-i-t.i oalr sympathised with rebe lion without partaking in it, ; ces-ati'" 1 !! of the present disturbances, see those who engaged in them restored to their possessions and all their territorial rights, it would go far to eucoarage them to resist the enforcement of law .md the progress of colonization, whenever it might suit them to do so; 1 will not enter into a discussion on the dehateahle questionw hether it is desirable .for the "•"ativos themsehes. rebel or others, to retain possession of immense tvacts of laud, which tliev neither use. nor allow others to use. and which r.ninuin them in a state of isolation from the lviropean race and its progressive civilization— J will merelv state my own conviction that such n condition is mosL prejudicial to the native race and highlv conducive to the prevalence of evils, social and physical, which contribute to the rapid dec.iv and extinction of the race. It "seems unnecessary to offer any other comment on Sir "\Y. Martin's argument than one of this practical character. Tt comes to this : if we are to hold the northern island of 2vew Zealand as a British possession, if its colonization is +.i go on, if the -Maori race itself is not to be gradually exterminated by repeated conflict with superior power, the proposal of the Government to take the lands of the rebels as an indemnity for the past, and a material guarantee for the future, must be adopted. There is nbthing in such a proposal contrary to the lirst principles of justice, or unusual iu the history of national conflicts all the world over, and it is strictly in conformity with the customs of the Maories themselves. Mere technical dillieulties (if there be any. such as govern feudal liability to forfeiture, "or the necessity of conferring political franchise, which is alleged to be a condition precedent to the right to enforce submission to law), however interesting as abstract questions for discussion, cannot be entertained by a Government on which the responsibility rests of saving to the British Crown a dependency in imminent peril, and preventing for the future {he renewal of a similar crisis. (Signed) "William Fox, Colonial Secretary.

The present mail lias brought ug a variety of very interesting and very exciting news. We ar<\ as colonists, most interested in that

wmcn rmeeis ourscivn, «mi r.iir rclr.tiOiiH with the mother country. This latter docs not seem to vary materially from that brought bv the June mail, and has been remarked upon elsewhere. Turn we now to the news generally as it a fleet s Great ] Britain, and let us cast a hast}" glance at the land from whence we have sprung. The dark cloud that has so long overshadowed a large portion. indeed the whole of continental Europe seems now to be looming over England, and casting its gloom especially over the Royal Family. Till the death of the late Prince Consort that family was at one within itself. Unity of purpose, of will, and of ideas prevailed. His master mind guided all. and his great practical wisdom, mid large hearted and far seeing views so managed matters that there was never the faintest whisper of dissension or unhappiuess within the Royal Family. " After a calm comes a storm." The twenty years of uninterrupted calm which Her Majesty the Queen en joyed •luring her married life with the late Prince Consort seems to have yielded to one long continued storm. She was bowed down to the earth by the sudden and irreparable loss of that model of husbands, whose willing and constant help so greatly reduced her labours and toils, and whose vigorous mind, directed to the consideration of weighty ■state affairs, was of such incalculable value to the Queen.

But troubles never comc singly. The quarrels, and at last open war. between Denmark and Germany, added another grave and serious trouble to Iler Majesty. It rent open the wounds of grief, then somewhat healed, afresh The iinmcdicte German relatives of the Queen were all of course j opposed to Denmark, as also the near connections of Prince Albert. Her eldest daughter is married to the heir apparentto the throne of Prussia, who is himself actively engaged 011 the field of battle in the war against Denmark. The Queen is thus tied to Germanic interests, through her mother, her husband, and her daughter. Is it any wonder then that she should incline to the German view of the question. The wonder would be if she did not; but sacrificing, as she has ever done, her private and personal feelings, when she saw that these opinions were not shared by her subjects and her responsible advisers, she has apparently not attempted to thwart the views of ministers and people, whose sympathies are so entirely enlisted in favor of the Danes. But there is another circumstance which presses heavily "u that royal personage. Her eldest son, t ne Prince of Wales, is married to a beautiful and accomplished Princess of Denmark, and her husband warmlv espouses the cause of his witu's country. It has been evident for suMie time that there has not been that cordiality between the Queen and the Prince "t W ales which it i.s so hiirhly desirable S:l .""]'l exist ; and now the breach i.s torn ider asunder. The Prince and Princess, Viimr,'. handsome, mixing much in company, and t lie former thoroughly - joining in the general out-door English sports, have ac<|".ired popularity : and as the sympalioes and views ot the Prince and the, mass M l ,eo l'' e ilre S() entirely" at one on the anish question, that popularity will doubt--1 -s increase rather than diminish. We have ills ,i mild form of the state of things which chronic whenever wc have a "moot Wales, viz., that he should be in 'Vposnlon to 1 lie reigning monarch ; and in '•is individual case he is in harmony, not il .". v s poeial political party so much as Ti ' j lOOll " 1 ' 1 ' body of the English people. ' e attcr have long felt that they should

1 I bo glad to be delivered from some of the ' ; hoii'ls which have tied them to Germany ( illul Cronniiu interests for tlic last century and a halt; and doubtless this feeling, together with the opinion that, though Den- > i 11 . 1;U ' ,C W' ls blameablc, yet Austria and Prusj j sta wore much more so, and provoked and i , commenced an entirely unjustifiable and j wicked war for their own selfish and ambiti- " ! ous ends. f| remarks ot Lord Palmerston and ! I in their places in Parliament f f' l 0 l,nv strongly tlie present cabinet feel .j in favour of Denmark. i'lie farmer is anxir | oils ■' to send a British fleet to the lialtie, i but it overruled he will resign, or advise i ITer Majesty to dissolve Parliament and Earl liussell declared, in ellect, in reply to the Larl ol Derby, that Austria and Prussia had commenced a most unjustifiable war ; :tnd when news reached the Ilouso. of Commons that the Danes were victoridus over the Austrians in a desparatc naval cngage- | ment, " the members broke forth into tumul- | tiious and long continued exultant eheerI ln S and " for some time the Speaker I could not restore order." Now with such a j state of feeling there can be no doubt what- ! ever but that Lord Palmerston will be ' iioronghiy support! .;!:? uUI hc embark in a warlike policy, and send effectual aid to Denmark. An amount of entliusiasm would bo felt such as is only expcricuced when the slowly moved .lolin Bull is thoroughly aroused, and he lias entered heart and soul in the cause lie has taken in hiind. That he is thoroughly in earnpst in -this, matter is amply proved by the most remarkable scene it» the British House of Commons noted above. That House, usually so staid and so decorous, and so obedient and respectful to its Speaker, broke through all bounds, and gave theuiselyea tip to loud and hearty elieers. Siieli is tlic state of things m England. The people, the parliament, the cabinet. the Prince of Wales, ranged on the side ot Denmark: the Queen, bereft of her tried, and loved and trusted adviser, with sympathies leaning to the Germans. No wonder it the iron entered into her soul. No wonder if trouble and grief agitate her. No wonder that in all .this perplexity and distress there are whispers and runioitrw that Her Majesty will shortly retire. "We earnestly hope, that whatever may be deemed best for the general interest of the country, we may be spared the sad spectacle of seeing uuseemly divisions in the Uoyal Family, and that Her Majesty may still find harmony and peace in the bosom of her family, and that her latter days may not be embittered by family and dynastic strife. " God save the Queen" from all such troubles, mtist be a sentiment that will find an echo in the heart of every one of her subjects in this colony of New Zealand.