THE LATE MAORI PRISONERS.

New Zealand Herald, Volume I, Issue 280, 5 October 1864, Page 4

THE LATE MAORI PRISONERS.

AV ]•: lake f vom the TVcUiiKjlmi Independent ot'llic 27th nil.., an article which fully lays bare the whole of the 1 n.nsaetions which have taken place with respect to the Native prisoners-'; It contains correspondence between the Governor and the Ministry, and a despatch from Mr. Card well to liis'Excelleney, all of which have never been till now published in t he Colony. It will be seen t hat his Excellency had the entire responsibility of the sale custody and management of the Native prisoners at the time of their escape, that the Ministry had jio power of interference -whatever. It is placed beyond all question of cavil now whether thev or lie is responsible ior the consequences resulting out of this escape — nay further the despatch gives to the Governor exceptional potters which throws a new light upon the conduct of the Governor during the last few weeks. The farce of constitutional responsible Government has been well nigh played out in New Zealand. It is time indeed that the Assembly were convened, if only that the colonists may know in what position they stand, and whether they will not have yet to rouse themselves, and by the use of every legal means in their power, stand up for the preservation of their constitutional rights.

The departure—we cannot call if flic escape —of the two hundred native prisoners trom Kawau, iniiv be in the opinion of the Auckhuid people an excellent joke, hut it has a serious as well as a ludicrous aspect. No doubt, it is irresistibly amusing to find that these men. after costing us a hard tight and the loss ot some ot our best soidieis at Eangiriri; after involving the Governor and his Ministry in a serious dispute as to their disposal, and costing the Colony some £0000 for their maintenance, should at last be sent to his Excellency's estate at Kawau. and left with a nominal guard, consisting ol a warden, a chaplain, an interpreter, and a doctor, to decamp whenever they thought proper. It seems, indeed, as if ihe authorities have got sick of their charge, and thinking the prisoners an intolerable and costly nuisance, adopted a course which could have no other result —if the prisoners wished it —than their escape. Placed on an island two miles from the mainland, with scarcely even the pretence of surveillance, and provided with boats, what else did his Excellency expect, than that when tired of enjoying the hospitality and amenities of Ivawau, the guests should politely relieve him of a burden and return to their former quarters. The only wonder is that they did not sooner act on the delicate hints of their host. Perhaps they did not quite understand what they were wished to do ; perhaps they felt loth to relinquish the comfortable quarters, abundant rations, and pleasant, out door employment, with which they were provided, and thought besides that it would be a poor return for all this kindness to depart in an abrupt and unceremonious manner. 13ut. at length a perception of the real state of the case dawned upon their minds. The absence of a guard, the lnck of surveillance, the boats left for their use, —all these things at length convinced tJieln, that, if they became lion est ■inneiilus, the grief of their protectors would not be very great, the pursuit would not be very hot. And so if happened that they quietly took to the boats and in two trips the whole body had reached the mainland, where very possibly they may now be concerting with their former co-patriots fresh schemes, to bear future fruit in bloodshed and loss of life to the colonists.

;\'o«' that (he burlesque of the escape and tile farce of the pursuit have been duly enacted, it may not be out of place to enquire, who is responsible for the ridiculous and expensive performance ? Intimating the cost of keepingthese natives in custody, at £9000iuid tlic lurther expenditure of employing a steamer for a week to recapture ttiem when they had escaped, at about .tIUOO more, there has been a total loss of ten thousand pounds. "Who is responsible for this uriminalty foolish waste oi public money ? "Who should, bear the blame oi tins shameful transaction ? Is it his Excellency the Governor, or the Ministry? If the former, then it is clear that his masters of the colonial oliice must bear the cost, and himself the condemnation ; if the latter, then the colony would

require in the end to atone for' tlic misdeeds of the Government. We think the facts ■we arc about lay before our readers, will go far to settle this miC-stion. On the 14th of July, certain papers relating to the war in New Zealand were presented to the Kouse of Commons, being in continuation of papers laid on the table in June, a comprehensive resume of which, we published some weeks ago. Through tlie courtesy of a valued friend we have received a copy of these documents, which amongst other things contain all the correspondence between x.is Excellency, the Ministry, and Mr. Caldwell, relative to the disposal of the prisoners. From this source then, the following narrative is talc en. On the 20th of 1803, was tought the battle of lvangariri, at which the prisoners were captured. They were at once transferred to the hulk ' Marion,' where the wounded were carefully tended, and all treated with kindness. Very soon, however, the question arose, how were tlicy to be disposed of? and as early as the 20th of February, the Governor addressed a minute to Ministers, suggesting that one of the prisoners, a chief named Tc Ori Ori, (who had, it is alleged, protected two European settlers from violence, by giving them timely warning, and who also in the action of IJangariri received two wounds while endeavouring to save the lile of Captain Mercer), should receive a conditional pardon, and be released from confinement, on parole. Mis Excellency further suggested that a. noticc should be issued to the ailcato natives, inviting them to surrender, and promising in the event of their doing so, that they would not be punished, and that a portion of their lands would he reserved for 'hem. On the 4th of April, Ministers replied by a minute, in I which they suggested, that considering the temper exhibited by the natives in arms, considering also the fact that no part, of the T\ aikato belonging to William Thompson had been taken possession of, and further that General Cameron proposed to operate immediately on M aungatautari and adjacent parts, action on either subject would be premature. They also expressed an opinion that, when General Cameron hud taken possession of Maungatautnri, a proclamation of the kind alluded to should be issued, but that it would be better to decide finally on the course to be pursued towards the prisoners generally, before granting anv special indulgence in the case of Te Ori Ori. it is release at that time, they thought " would be an act of doubtful expediency." They further stated "that on the return of the Colonial SecreUny from Jvaipara they woidd be prepared to take the case of all the prisoners into consideration, with a view to immediate and final action."

Up to this time Kir Geoi'ge Grey 1j;u1 been urging liis ministers to conic to a decision on the subject, and iliis decision, it may naturally be inferred, involved the prisoners being brought to trial, under the provisions of the Suppression of Rebellion Act. '.1 lie Ministry were evidently anxious to delay doing this, for reasons to be explained presently, but acting under pressure from his Excellency, they did at length change their opinion. But to resume our narrative. T\"e find his Excellency on the fit]i of April writing to Mr. Cardwell, about the prisoners, in the following terms f — " I have repeatedly pressed Upon my Responsible Ailvisers lhe"propiietv of coming to some decision upon 1 his subject. I believe that the uncertainty which hangs ever the course intended to be pursued with regard to there prisoners, and -onsfquently wiili regard to any other prisoners wc take, ii.cliuc n spirit of desperation amongst the native populiition which, whilst it is sad to see, is quite unnecessary, as 1 am satisfied that although the Colonial Ministry seemed nimble to make up their minds as to the course they should advise me to puisue, they wish to tec the prisoners generously and leniently dealt with."' After this despatch bad been written, but not posted, the promised memorandum from Mintrlcrs. which i nns as follow s, was received by his Excellency : —■ '• Heten-in;,' to his Excellency's request, more than once repented, that Ministers would decide on the course to te adopted with the prisoners taken at Rangiriri and in other engagements with Ilcr Majesty's torccs, without i'tiriucr delay, Ministers 1 eg rc.-pectful]y to state that they have deferred r.dvising unv :;(■!u;>i in tile matter chiefly for the following re'isons :— 1.-t. 'J hat they hoped that the contemplated capture ofMiuingatautari, the last remaining stronghold of the unlives in "Waikato, might have led to a decisive result, which would have enabled them to advise that the prisoners should be released, or at least dealt with iii some way which might have obviated the necessity of a rial. 2nd. The fact that the Royal assent to the Suppression of Rebellion Act, under which they conceive it most expedient, to try the prisoners (if at all), has not yet been received in the colony. Jrhould a trial under this Act take place, and the Act be proved to have hi en di-allowed, the consequences might be very serious, and greatly complicate the position of the Government towards the natives, both loyal and ill rebellion. 3rd. Though Maungntaulari has now fallen into our hands, t hat event has not occurred under such eireums'.ames as to give it all the significance which it might lisue had, and at this moment Ministers have no intormation as to what may be the result, whether it may tnd (as they would hope) in shaking the confidence of the rebels and leading to their submission, or /nay operate in a contrary direction. " For the above reasons Ministera still feel that to bring the prisoners to trial is a step which requires gravo consideration, and which they would not at this moment have recommended of their own motion. JJut as his Excellency has pressed them so strongly on the subject, and appears io entertain so decioeel an opinion upon it, ministers are prepared to siureinlci - their own and acquiesce ill that ot his lixeelleney. " Thev therefore beg to advise that the whole of the prisoners now in ihe hands of the Government be Li-ought to trial bciore a Court constituted under the Suppression of Rebellion -Act, consisting exclusively of oilicers in Ilcr Majesty's service, it being i the opinion of Ministers de?irable that the tribunal should consist solely of persons not in a ay way peisonaily interested in the colony as settlers or otherwise. " "Wn.LiAit Fox. "Auckland, April 7, ISGf." Immediately oil receiving this His Excellency, who had all along been pressing the Ministry to adopt his plan, viz., to bring the prisoners to trial, adds a postscript to his despatch, informing Mr. Cardwell, that his own opinion v. as adverse to such a proceeding;. The postscript is such an admirable piece of political jesuitrv, that we give it in full. " ]\s.—Since writing this despatch I liave received from my Responsible. Advisers a memorandum, a copy of which is enclosed, advising me aa to the course they think should bo pursued in regard to the rebel prisoners. AYlten I have had time to consider this memorandum I will reply to the Colonial .Ministers, and forward to your Grace a eopv of my reply. I will only at present state that mv own opinion is adverse to bringing a considerable number of the prisoners to trial. If such a step cc.n in any way be avoided I would prefer releasing- them on parole. G. G." This clever Despatch and Postcript, produced the desired ell'ect at home. On Juno 27, Mr. Cardweli replies in the following terms. Downing street, June -7, ISC4. !;ni, —From your despatch of the 6th April i-ut, I collect that some difference has arisen between yourself and your Ministers lespecting the proper mode of dealing- with the IS3 Maori prisoners taken at Rangariri, and the tone of your despatch leads mo to conjecture that if your advisers had concurred with you m adopting a definite and generous course ol action with regard to these persons, the to .Sir Duncan Cameron, by the natives at. Uralcau might in your opinion have been less de.-perate, some loss of iifo avoided, and the completeness of the success enhanced. On this I think it accessary to observe that wnile I l'ullv recognise the general right and duty of the Colonial Government to deal with matters of native policy properly so called, I consider that while operations are being carried on under the conduct, of her Majesty's oEicers, and in the main by her Majesty's military and naval forces, it is for ine Governor personally, as rcpresentati\o of the Imperial Governuijut to decide upon the iate ot persons -who

arc taken as prisoners in the course of these military operations, and although, before adopting any such decision. I should wish you to obtain the advice and if possible the concurrence of your Ministers, I do not censider that concurrence indispensihle. Ijuf, subject always to the positive law of the colony, I hold you entitled to deteimine, and I look to yon for determining, whether such prisoneis, or any of them, shall bo released on parole or otherwise, or whether they shall bo kept under such control as may legaily be applied to them as prisoners of war, or -ivhethef they shall he handed over to the civil authorities to to he dr.'ill with as criminals.

I shall therefore lie fully prepared to support you in case you should have thought it necessary, with ot without the consent of your Ministers, so to deal with these prisoners as in 3 our opinion the public interest may have required. As I undeistand that your opinion has an especial reference to the pood effect which measures of generosity would have.upon the military operations of !iir Duncon Cameron, I make no doubt that in forming that opinion you have heeu fully acquainted with the views of Sir Duncan Cameron, and of the grounds on which those views hare been arrived at. I have, &c., Signed Edwahii Cardweix. His Excellency Sir George Giey, &c., &c.

Our space does not serve to comment so fully as we intended on lliis correspondence. But this much lias been shown, that Sir George Grey after repeatedly pressing his Ministers to decide as to tlie disposal of the prisoners, and getting tliem to sacrifice their own views and adopt his, adroitlv endeavors to mate capital with the Colonial Ollice at their expense.- As events havi; come about, he lias got into a very serions difliculty by his (Vsiugt nious tactics. Naturally enough, after LA li('w< 11 s despatch was received, -which placcd the decision ot the question solely in the hands of Sir George Grey, the ]VI inistry would have nothing more to do with the prisoners. Their disposal had bc-come :i purely Imperial affair, end so tluy were removed to His estate at Kiuvrai. ~\\c all lniow what followed. So long as the Ministry had any responsibility about them the prisoners were kept safely enough, but when they got into other hands, they escaped in a manner which is not very creditable to the vigilance ot their keepers. " AYho then is responsible for I their escape, —who is responsible for their cost ? —who, but Sir George Grey and the Imperial Government.

-\Yc take 1l:e following from tlie Taraiu/Jci Herald of ihfc Ist inst.. on the saftic subject us llic prccoding one . The news from Auckland by tlio ' Pliiebe' is of some impoi tsir.ee. TV o lieard last week of a ■very stu] id blunder ]wiving been committed in letting the Maori prisoners escape from Jvawau, but ill e ridiculous aspect of the affair was so mncli stronger than any other that at first siglit. people "wore more inclined to laugli at it as a good joke than to think seriously over it as the cause of further mischief. The sight ol Sir George Grey's happy lamilv at the Kawau—including, as it dul. interesting creatures from all countries-—emus, wallabies, deer, black swans, and untr.r.ied Maori? just taken from their native plains and forests—must have been very pleasing, at least to the Governor himself. l ? or he was showing practically, on a small scale, to an incredulous people, what has long been his leading theory of governing, that indulgence and tlie total absence of restraint are the proper wavs of subduing nil :1 natures. His little experiment has failed as signally as his experiment failed last year, but this tiine ludicrously as well. There is something curiously comic "in the notion of these SOU Maoris, leading members of the Maori nobility many of them, and " all, all, honorable men.' not only slipping quietly away in the boats which his Excellency's love and unbounded contidencc had furnished them with, Imt taking also such small articles as had been provided for their comfort and amusement, spades and other tools, blankets, cooking vessels and food. We have have seen no account of what thev did not take, except that they left behind their worthy pastor in his pulpit ready to instruct them, we may presume, in some necessary point of doctrine, or in their duties towards their neighbours : such an abrupt seees- • sion from the church is without parallel, we believe, in Maori history. IN lien Sir G. Grey heard of their sudden departure, lie at onccr started in pursuit in the 4 Miranda,' and sent several embassies after them to induce them to come back, but in vain, thej- resolutely refused to have anv salt put upon their tails. His Excellency then, thinking we suppose that they had felt a little in the seclusion of his happy valley, oflercd to locate them on the mainland, but they were already there, so, they declined his offers, ret ired inland ten miles from the coast, and with the axes and spades supplied tor their amusement on the .Kawau. proceeded to fortify themselves on a hill called Tiimahau, described as almost impregnable. Anil this lends to the serious pait of the business, as they could not well bring any of the live stock with them from the K.awau, and being accustomed to animal food, tliev were constrained to shoot some of their neighbouring settlers' cattle, telling the owners with considerable humour that tlicy must send in their bill to the Governor. This was rather a grave matter in itself, but it suggests a still more serious question—where did they get the mcai.s of shooting cattle? By some curious oversight not vet explained they had not been supplied with firearms while on the Eav.au; possibly the emus were sitting, and might have been disturbed. Thev did not bring guns and ammunition with then), and therefore they were supplied bv the neighbouring " friendly' Maoris. But are not the same ir.eu who have already helped them so materially likely to give them more active assistance in case they need it ! J Lest there should be any doubt whether it is tlie Ministry or the Governor wiio is responsible in this matter, we have copied a despatch of 31 r. Ca I'd well's on the subject, laid before Parliament with oilier papers, but not yet published. in ]N"ew Zealand : — [The despatch referred to will be found in the preceding article.] If English politicians had read this they M ould hardly have talked of the colonists having control of the war. Sir George Grey is supreme,, but what has he done to remedy the evil his own foolish leniency has caused:- These Maoris have surelv oliended against the law both belore and after their escape ; but the one object of the war, as we understand it, has been to make Maoris as well as settlers obey the law, and yet these men are left to provoke disaffection among natives whose loyalty has oiten trembled in the balance, and the only effort yet made to bring them back has consisted in asking them to return ; and it would be foolish in us to expect anything else until the leopard can his spots. 'Meanwhile, precious time is being wasted, tlie burden of the colony increases daily, and the man in-whose hands the blindness ''uid has committed our late pla\*s witn the dilliculty he cannot solve. Unless the Ministry can see their way clcarly to a successfull issue, not obvious from the outside, they are inexcusable if they lose a da}' in summoning the Assembly.