HOUSE OF REPRESENTATIVES.

Colonist, Issue 78, 6 July 1858, Page 2

HOUSE OF REPRESENTATIVES.

On Tuesday, 18th of May, there were jmnjsent the Speaker and 17 members. . .

Mr. Stafford laid on the table the correspond"ence which has taken place between the General and Provincial Government, relative to the boundaries of several of the Provinces. Also, certain letters and documents relative to the claim of Mr Brittan for salary as Registrar of Deeds ! for the Province of Canterbury. Also, further correspondence from Mr J. H. Macdonald, in connection with General Emigration Agency. Tiie report,- from the select committee' on-pri-vate grievances, on the petition of <J. P. Robinson,: Esq., Superintendent of the Province of Nelson, and others, in reference to the claim of L. Berlowitz, was brought up by Mr. Ollivier; read, and ordered to be printed.

Mr. Richmond, introduced a bill to regulate the local affairs of^iative districts, also, a bill to make better provision for the administration of justice in native districts, and said: —ln moving for leave to bring in the bills included in my notice of motion, it becomes my duty to give the House some account of the views of this administration as to the government of the natives* and aime account of their political state. Tbe subject is one which, could we have deemed it consistent with our duty, we should have gladly irissed over, as wi: fully understand its difficulty. We are moreover of those who, with a great jjnilosojHier, hold it good "not to try experiments in states, except the necessity be urgent, or the utility evident" But, Sir, we are satisfied ourselves both as to the necessity and as. to the utility of what we are now proposing. I undertake to demonstrate to the House both points:—to shew the ui'gency of the necessity, and to make evident the utility, and if I fail on either, shall acquiesce in the rejection of the measures. And I must say that I open this subject with different feelings, and under a very much heavier responsibility, than I have ex••erieiictd in addressing this House during the present, session. In dealing with the Native Question, we touch a matter of direct, human concern—a vital interest of the colony. . We have looked, about Us for light and guidance on ihis question." We have looked to the opinions of the eminent British statesmen who have taken an interest in this colony. We bave only found vague theories. We have found a vast variety of opinion, but very little light. In t'-tnh, if is a subject on which there is no experience. For where have cultivated men been able to observe the development of a barbarous race into a civilised nation ? We ourselves have been so raised, but the.ro was none to stand by and mark the process. To appreciate the difficulty of the subject, we must regard the work before us as au educational work., That bring 3 out the difficulty—any one who knows what a work it is to educate a single human child, may by that consideration rise to estimate the task before us. It is the education of a race. It is not wonderful then that we have found little aid, from the "suggestions of sti angers to this country; The most perfect theosy of education would always requite modifications, which experience could alone indicate in its application to practice. This is due 'tn the infinite diversities 6f human nature in its various aspects. There"are two principal and opposing theories as to the proper treatment of aborigines, which, bef >re stating our own propositions, I intend to bring under our notice, and'to illustrate by quotation. The first of these proposes as the proper rule, the maintenance, and the administration by officers of Government of such native customs as are not repugnant .to the, principles of humanity. 1 will cite a despatch of Lord Stanley's

to Governor Fitz Roy, dated 10th February, 1844, (Parliamentary p^era, 29th July, 1844, Appendix to Report of Select Committee, p. 171.) Lord Stanley writes, "I know of no •theoretical or practical difficulty in the maintenance under the same Sovereign of various codes of law for the Government of different races of men. In British India, in Ceylon, at the Cape of Good Hope, and in Canada, the aboriginal and European inhabitants live together on these terms. Native laws and native customs, when not abhorrent from the universal and permanent laws of God, are respected by English legislatures and English courts; and although problems of much difficulty will occasionally arise out of this state of things, they have never been such as to refuse all solution, or to drive the local authorities on the far more embarrassing difficulty of extending the law of England to persons wholly ignorant of our language, manners, and religion." Sir, that presents the view with great clearness ; and I will now add another extract illustrative of the same view as Lord Stanley takes. It is from a latter of Mr. Protector Clark (Parliamentary papers 29th July, 1844, Appendix to Report of Select Committee, p 348.) The House will understand that I am not citing these letters as authorities but as illustrations. " I see no alternative, (he says), hut that of legalising those native customs and usages, which are not in themselves repugnant to humanity by an enactment of the legislature. Native Courts should, then, be organised throughout the land to adjudicate in cases where natives only are concerned, and to administer justice according to native usages; against whose decision, in cases purely native, no appeal could lie-." I now come to the opposite view, that true humanity requires that British law be enforced against aborigines, and I will now begin with an extract from the Report of the Select Committee of the House of Commons of 1844, p. 10 of the report —a committee of which Earl Grey was Chairman. The committee report as follows: —" It appears to us that there has been a want of vigour and decision in the general tone of the proceedings adopted towards the natives; measures have not been taken as we think they ought, for making the original inhabitants understand that they are now to be considered .as British subjects, and ought therefore to abstain from all conduct inconsistent with such character. The local authorities may have been guided by a desire to treat the natives of the soil with the most scrupulous justice, and with the greatest consideration ; but we are not the less persuaded, that not only in what has been done with regard to the ownership of land, but. also in shewing too much respect, for native customs, they have been led to pursue a line of policy which iv its consequences must be injurious to the true interests of those, out of consideration to whom it had been adopted. We agree iv the opinion expressed by one of the witnesses we have examined (Mr. Earp) that the rude inhabitants of New Zealand ought to be treated in many respects like children, that in dealing with them, firmness is no less necessary than kindness. * * ♦ • • Your committee are firmly persuaded that an enlightened humanity and a regard for the real. welfare of the native tribes require that British power and authority should be resolutely exerted to maintain internal peace, and to prevent native customs and usages from being acted upon in a manner inconsistent with good order and morality, and with the progress of civilisation." Further on the Committee refer to Captain Grey's report on the means of promoting the civilisation of the aboriginal inhabitants of Australia, as containing an'able exposition of. the true policy on the subject. And I must not omit to notice that as a corollary of their main proposition, the committee recommend that a larger military and naval force be placed at the disposal of the Governor of New Zealand than had up to that time been stationed here. I will now cite a passage or two from Captain Grey's well-known report, which the House will see is quite in the same sense as my last quotation. In the sixth paragraph he says : —" I would submit therefore that it is neces■ary from the moment the aborigines of this country are declared British subjects, they should, as far as possible, be taught that the British laws are to supersede their own, bo that any native who is suffering under thsir own customs may hare the power of appeal to those ' of Great Britain; or, to put this ia its true light, that all authorised persons should in all instances be required to protect a native from the violence of his fellows, even though they be in the execution of their own laws." And again in paragraph 8:—" So much importance am I disposed to attach to this point, that I do not hesitate to assert my full conviction that whilst those tribes which are in communication vrith Europeans are allowed to execute their barbarous laws and customs upon one another, so long will they remain hopelessly immersed in their presant state of barbarism; and however unjust such a proceeding mfyht at first sight appear, I believe that the course pointed out by true humanity would be, to make them from the very commencement amenable to the British law, both as regards themselves and Europeans; for I hold it to be imagining a contradiction to suppose that individuals subject to savage and barbarous laws can rise into a state of. civilisation, which those laws have a manifest tendency to destroy and overturn." Here then we have the features of the second theory very distinctly pourtrayed. Well, Sir, this report procured for Captain Grey the emphatic. approbation of various English statesmen of great eminence, especially of Lord John Russell and Earl Grey. Captain Grey came to this colony as Governor. Did he then proceed at once to act upon the views he so ably stated in his report ? Did he act on his own doctrine of making the Maoris " from the very commencement amenable to the British laws both as regards themselves and Europeans?" Sir, whatever Sir George Grey was, he was far too wise a man to attempt a thing so manifestly absurd. He saw at once the vast difference between New Zealand and Australia, between the aborigines of Australia and our natives. He saw. that, if possible at all, the policy he recommended was possible only by the exhibition of a very large force, and at the cost of great calamities; but that such a policy would more probably result in the extermination of the people it proposed to save. Sir, without absolutely giving up that policy, he modified it very seriously, in a way I shall presently shew. In contemplating the ways of civilised men with savagß3 even in their efforts" to benefit them, I am forcibly reminded of the dealings of children with the lower animals that fall into their power. "From ignorance of the true nature of what tbey-have. io do with, their kindness is often cruelty-; "Had England attempted to raise the New Zealand nation after the fashion of some of these theories, she must have crushed it. In order to point out more clearly the modification of Sir George Grey's former views,

I will refer the House to paragraphs 20, 21, and 22 of the well-known " Mercy, Justice, aud Prudence" despatch of the 9th July, 1849, addressed to Earl Grey. I trust the Hou.-e will not consider I am trespassing too largely on their time if 1 read the paragraphs:—" It .was necessary," he says, " that active measures should at the same time be taken without delay for the amalgamation of the two races; that the confidence of the natives should be won; that they should be inspired with a taste for the comforts and convenience of civilised life ; that they should be led to abandon their old habits; that the chiefs should be induced to renounce their right of declaring peace and war ; and the whole of the native race should be led to abandon their barbarous modes of deciding disputes and administering justice, and should be induced for the future to resort to our courts for the adjustment of their differences and the punishment of their offenders. Thoroughly to accomplish a change of this nature would require a long series of years and a succession of generations. The utmost, therefore, that any Government could hope to do, was to establish institutions which might imperceptibly but certainly lead to so complete a change of manners in a barbarous nation as was contemplated; and to secure these institutions by such laws, and by such a constitution, as appeared to afford a reasonable guarantee for .their perpetuity ; the first st^p to be taken to ensure these ends appeared to be to convince the natives that our laws ?are better than their own, as affording more security for, life and property, and a much more ready means of adjusting differences which might either arise between natives and Europeans, or amongst the naiives themselves. , To attain these ends, the Resident Magistrates' Ordinance was parsed, and Mixed Courts were constituted for the settlement of disputes betwixt natives." Well the House cannot fail to note the altered tone. Why, Sir, the despatch is covered with the words " induce" 1 ' and " lead!" It is plain then we have a third view, occupying a middle position between the two former, but more closely related to the second than to the first. I now propose to enquire what Sir George Grey did in furtherance of the views thus stated by him. For if we are going to piece on to this policy, to pursue or develop it, it behoves us to see exactly what it was and what it effected. What, then, are the permanent institutions Sir George left behind him, embodying his peculiar policy ? The only one I know of is the Resident Magistrate's Court. The importance he attached to this C"iirt is evident from all his despatches. Thus in.the despatch to Earl Grey of the 15th December, 1847, in which he deprecates the disallowance of the Ordinance, he says, " perhaps the most important, principles of the whole scheme (i. c. of his scheme of Native treatment) are embodied in the Resident Magistrates' Ordinance." I have'heard this Ordinance described in this House as " a blot." upon our statue book. Sir, I do not absent to that as a just designation of this law ; but neither do I regard it as a gigantic effort of statesmanship, as it is sometimes represented to be. As establishing a Court of Consrience, and introducing a summary mode of trial in Civil cases and for Minor offences, there is of course nothing novel about it.' The characteristic feature is the institution of Native Assessors. The association of Native chiefs with the European magistrate was a very obvious mode of creating confidence in the tribunal, and giving weight to its decisions. It had been suggested by Mr. Clarke, aud I dare say by many others. I think Lord John Russell had indicated something of the kind. However, in politics, that an idea is obvious only proves the more that it is practicable and useful, and the Native Assessorship is a most' valuable and essential institution in this country. Again, let us see how the author of this measure comments upon it and describes its effects. In the despatch last referred to, Sir George Grey declares,—" The general line of policy I have endeavored to adopt in reference to the subject of legislation for the mixed races inhabiting this country, has been to convince the natives that their' traditional customs had, in reference to their own present state, and that of the country generally, become obsolete and useless, and it would be to their own advantage to adopt our laws, and resort to our tribunals. With this view, I ielt it would perhaps, be better not to require our Courts in any way to recognise the barbarous customs of the native race, as I feared that, if they were requested to do so, a mixed class of laws might grow into existence, which, ultimately becoming mixed up with the tenure of property, the customs of trade, and the prejudices of the people, might be found difficult to dispense with or abolish, although very serious inconveniences might result from them. I therefore have hitherto in as little as possible noticed or interfered with the native laws or customs, as exercised amongst themselves, and the result is that they are rapidly becoming obsolete and forgotton." Really, Sir, I must ask "the House to. mark the last sentence. Native customs in 1847 were rapidly becoming Obsolete and forgotten ! There is a good deal of strong assertion scattered up and down these despatches, but I declare I think, amongst many during statements, this is the most audacious. I confess I feel something of indignation in reading statements of this kind—so magnifying of self, so far passing all bounds of sobriety and truth, and so thoroughly unjust to those who come after, and upon whom really devolves the labor which is represented as all but. complete. Let us bring the statement to the test of figures, and we will begin with the returns accompanying the despatch upon which I am commenting. I find from that return, that in the course of about 13 months 120 mixed civil cases (between Europeans and Maoris) were decided in the Auckland Court, and only two cases betweeu natives. The Return, by the way, i 3 signed by one Thomas Tukhara ; who. this person was I cannot conjecture. The despatch evidently belongs to the mythical era of New Zealand history, and I suppose this Tukham was a demigod of that age. Nobody who is acquainted with the noble and legible autograph of the Resident Magistrate of Auckland can suppose that th« most malicious devil could ever transmogrify him into Tukham. I now turn to the statistical volume the Colonial Secretary has just laid ou the table, and from Table No. 66 I find that the civil cases in which Europeans only were conserned, disposed of in the Resident Magistrates' Courts in New Zealand, from 1853 to 1856, inclusive, were as follows:—■ 1853 .1233 1854..... ...1260 1855 2018 1856 4007 From Table No. 67 I find that the mixed cases were in 1853 99 1854.. is 9 1855 175 1856 519 From Table 67 that the pure native cases for the whole colony were

-1853'. 32 1854........ 31 1855 63 1856 66 ••■ ■ Of the large number of 519 mixed cases in 1856 Maoris Were defendants in 437. I attribute the sudden increase of cases in that year from the former year, to the. effects oi the expensive habits induced by the high prices of produce in 1854 and 1856, and to the mischievous extension of credit to the natives, vrho thereby became involved in debts which they had no means of liquidating. On the whole these fines indicate pretty well where the real utility of the court lies—as a means, namely, of adjusting differences botween the two races But amongst the natives themselves t<;n years working of the Court has done next to nothing. Their disputes are still too often adjusted by. the primitive meihods of the tomahawk and the musket. Let us freely confess it—all is yet to do. So far, then, we have before us three systems, the last of which (Sir George Grey's) has had a certain amount of trial The first system is to recognise native customs; the second to enforce British laws; the thud to insinuate, or induce the acceptance of, Brid^h law. The objection, fataM think ti the first system, is well put up by Captain Grey, and may be condensed into the dogma, that barbarous laws perpetuate barbarism. I assent • ntiiely to'that opinion. The system is based upon a confusion of two things entirely distinct, —a low type of civilisation and pure barbarism. The Hindoos and the Chinese are examples of a low civilisation, and to races in that state Lord Stanley's rule may properly apply, but we agree that it* is a great mistake to act upon that principle with a race of primitive barbarians. As to the second system of enforcing British law throughout the country, without, reference s to the opinion of the native people, which was the view of the committee of 1844, and may be called the Cooks Straits view, I think that all rational settlers here are agreed that, in New Zealand, it is neither humane nor possible Under existing circumstances, as we have now got Representative Institutions, and looking to the change . which that has introduced in our relations with the mother country, I repeat, it is impossible to adopt a policy whioh involves the subjugation of the aborigines. Ido not say it is not possible and right to enforce British law within the limits-of British settlement, and perhaps to a certain distance beyond. lam speaking of the plan of proclaiming it throughout the colony, and I say, that policy is neither humane nor practicable. Sir, we think Sir George Grey's practice the only possible practice ; aud here I may declare that nothing that I have said, or ever shall say, in this House on the subject of that Governor's administration, is intended to rob him of one particle of honor or praise which is his due. Sir George Grey was unquestionably a very able administrator It would ill become us, who stand here buitheoed with apart of the charge which was upon him, to detract from the merits of a predecessor in the Government. But it is only right that "he should be stripped of assumed merit. I protest against those exaggerated statements of his, where all is represented as progressing without a check of doubt, and difficulties vanish into air. Those smooth despatches helped him at home with statesmen who took it all on trust. In England they have made his fame the greater, but here, where we know the facts, it will be for ever the less. Sir George Grey did very, little of a permanent character. His policy was a temporising policy; he played for time. He was quite right, and we, to a certain extent, must do the same. It is now fit, however, to lay the foundations somewhat mare enduring. Adopting Sir George Grey's view that the natives should be induced to accept British institutions, I propose to note in what respects we think his means to that end deficient. In the first place, the institution of the Resident Magistrates Court, with its assessors, does not place the administration of justice on a sufficiently broad and popular basis. The Maoris are a good deal like ourselves. All wish to hare a finger in eveiy pie. We think the Jury one of our institutions which promises to suit them exceedingly well. This then is I the first deficiency; that his Court, from its structure, was not well fitted' to command popular confidence. I shall revert to this presently. I will now state the second deficiency. Sir George Grey talked, and we have ail talked, a great deal about extending British law to the natives. Now, by that we all mean the great foundation principles of British law, and its free spirit. We do not mean every detail of Rural or Municipal Police. Here, in New Zealand, we settlers are all Jiving "under-British law ; but the particulars of our Statute Book are very different from the particulars of that of England. We have adapted English institutions to our circumstances. I agree with those who ask " what can you invent for the Marois as good as British law ?" I fully agree there is nothing one half so good that we could invent. But if needs adaptation in its details, and for this no provision has evej yet been made. This then is the second deficienoy I note. Before going into the details of the bill by which we propose to meet this deficiency • in our existing institutions for the natives, I will briefly develop the course of reasoning by which we were led to that measure. On the part. of the Crown the promise hus been made to the Maoris, that they shall be one people with us,—one people, under one law. The magnitude of that promise it is hard to realise It overwhelms me when I think of it. It implies a gigantic labor. But the promise-' binds the British Government in honor and conscience. It is a sabred promise. And, Sir, I will say of our Government that when we use those words, conscious as we are of their deep import, we mean what we say. But is the promise possible of performance ? Are the Maoris people capable of the promised union ? No man dare answer that question in the affirmative, neither ought any man to answer in the negative. There appear to me legitimate grounds of. hope when I consider the characteristics of this remarkable race. I find them, Sir, in the first place, a reasoning and a reasonable people, little swayed by passion when not under extraordinary excitement. Secondly—By na ure venerators of law—for a savage people, that is, they do pay remarkable respect to law and rule. Thirdly ■ The structure of their society is aristpcratio, verging upon democratic. They are not a people who brook, despotic rule. As a consequence of this, they have always been accustomed to debate their affairs in popular assemblies. These are striking coincidences with the qualities which have ever distinguished the races from which we ourselves sprang—striking resemblances to the Teutonic people. I know there are also wide differences, but the resemblance is such that I say we ought not to decide that there"is- any antecedent impossibility in the case. We are then to suppose the Maoris capable of elevation to our level, and of union with us* How then did we raise ourselves

from a barbarous stale? How were we developed from- a rude; rel-haired horde, on the banks of the Elbe, into the foremost rank amongst the Nations—amongst the first in' .power, and in all that enobies nnd beautifies life? What was the road we fallowed ? for if these people can ever join us, it mv.st he by the way we took—l do not say. they ever can—but if they can, this must be the way. This reasoning threw m back on our own primitive institutions. Those, we thought, should for the present suit' the native people better than our modern improvements. Now amongst the judicial institutions oft he Saxons we find the County Court, otherwise kivuvn as the Hundred Court or PulilicLeet. This Court;, Mr. Hallam tells us, was the principal safeguard of the Civil rig'iis of English freemen. Here then we determined to-look for a model. -The summary jurisdiction 'of Justices of the Peace is, us every lawyer knows, a modern intro luct.ion,1 very much suspected at fir.it. Even so Lite a writer as Blacks-one (if I remember ri/titly) shews jealou3y .of the summary jurisdicti -n. It is not pro perl v ; an English i stitutioii. Now-a-days we could not dispense with it. We could not" all be running to Sheriffs' Tourns and Leets, and be veked with perpetual jury service. In large towns especially, the public safety could not otherwise be maintained than by the modern arrangements. We have also the Press to overlook the exercise of a summary jurisdiction. But though-convenient for ourselves, Police Magistrates >are Mot that part of our judicial institutions best fitted to inspire, confidence Jn a primitive people of the habits and temper which I have attempted to ""iridicafe." "We thought it better-lo revert to our earlier arrangements. By the "Bill to make_ better provision for the Administration of Justice in the Native Districts^" we propose to vest all the. summary jurisdiction of Justices and of the Itesideht Magistrate in a Circuit Court, composed of Resident Magistrate and his Native Assessors, assisted by a jury. The Court will have the same power to try and punish minor offenders, and to inquire into and commit for; trial before the Supreme Court on charges of felony and other crimes, as Justices of the Peace possess —but with this important difference. By section 9, a native jury has a veto, on their more important proceedings. Na man can be punished by a fine exceeding £5 except on the verdict of a jury. No man can he committed for trial except on the presentment of a jury that there is reasonable ground of suspicion. This we think is calculated to give confidence to the native people in the working of the Court, when they see the thing thus committed to themselves. It is true of several English institutions that the immediate and visible end of the institution is not its most important effect. One may perhaps say this of our present form of Government. I mean of Representative Institutions and Ministerial Government. Perhaps its greatest value is in the educational discipline it carries with it. So it ; is of trial by jury. It is not because it is a very perfect instrument for determining the evidence, but because it induces a popular confidence in the administration of justice that it is so valuable. In the last resort, and in extreme cases, the people feels that it is judge. This is exactly the kind of confidence we want to induce in the case of the native people. I will now enlarge on the civil jurisdiction proposed to be given. It is—with the exception of one class of cases—a jurisdiction; in: pure native cases only. - Mixed cases we leave to the Resident Magistrate as at present. It has been thought desirable to give independent jurisdiction "to a small amount,. and over natives only, to the native assessor sitting alone —in civil cases to an amount of £o, and in criminal, to the extent of imposing a fine of 20s. The bill contains short clauses enabling the appointment of a Constabulary Force,-and the establishment of Lock-up Houses. The- fees and fines of the Courts are to .be appropriated for any of the purposes of Government within the district, or otherwise for the common benefit of the inhabitants.,,.. I. find I am .passing overdue part :of-the Bill With which perhaps I should have begun, namely, the limits of i s operation. The bill is of course confined to native districts, though the fourth section gives a large interpretation to the term, so as to include, in certain cases, small tracts of land owned by Europeans —what may be looked on as Oases in the native desert. It is to be brought into operation in such districts as may be appointed for the purpose by the Governor in Council, and every such appointment may be revoked. The Resident Magistrate's consent is necessary to every important act of the Court. The jury has a veto on him. but he has a cross veto "on the jury." Now I think I hear hon. members saying to' themselves —this all sounds very well, hut how are you going to enforce it all ? Will you not get us into difficulties with your juries and your constables ? Well, in the first place the House lias seen that the bill is permissive only. The G-overnor is not bound to create districts, and can abolish them as he thinks fit. Now we in§an to go on this principle. We shall tell the natives of a district, we have no desire to force this npon you. When you really wish for it, and we are satisfied that you are ready for it—that you are all of you ready ibr it—all of you—for there must be no division amongst you, then we will proclaim the act. But mind .this. Do not count upon the Queen's soldiers coming to support the magistrate. You yourselves must enforce the law against great and small. To you it is committed, and if you break faith, we shall withdraw our magistrate. This is the way we English do. Every man reverences the law and aids the constable, and this is what you must do if you intend to become like us. This is a great boon we bring you. It is no favor to us, ,it is a favor to you. Sir, that is the way we mean to enforce the law, we mean to throw ourselves upon the Maori people. We want to have no more of these New Zealand men-of-war without guns, mere Consuls of a foreign power sent amongst the natives to control the squatters. To speak now of Sir George Grey's second deficiency. Hitherto there has been no attempt to "meet the special and local wants of the aborigines by that, kindsof regulations which British citizens all the worifioyer, are allowed to frame for themselves.; Between the Provincial Councils and the General Assembly the wants of the natives in this respect have slipped through, and been wholly neglected, il have heard, however, of one solitary attempt upon the subject* made I believe by a Northern colonist, whose opinions on nativematters, fro|m his long experience, are entitled to great respect. :■ He introduced a bill, I believe, into the Auckland Provincial Council, for establishing ii[soit .ojELNative Municipality, but in some way, I know; iiot how, the attempt fa:led. The Bill to regulate the local affairs of Native Districts is proposed-to supply this great void in our Statute Book.;: A power to make local by-laws for native districts on various subjects of Rural and Municipal Police is proposed to be vested in the Governor in Council. The pi'eambie recites that "it is expedient in order to promote the civilisation of the native race, that the Governor in Council ho. enabled to make and put in force, within districts over which the native title has not been extinguished, such regulations on matters of local concernment, or relating to the social economyof the native race, as may appearadapted to the special wants of the inhabitants. All such - regulations shall be made, as far as possible, with the general assent of the persons affected thereby." And again the sixth section enacts that all such regulations shall be made, as far as possible, with the general assent of the native people affected thereby—their assent to be ascertained by such means as the Governor shall think fit. We do . not consider the Maoris ready for a direct legislative power.- We feared they might entangle themselves in difficulties and absurdities if ths actual technical process of law-making were entrusted to them; but it is intended that all the reasonable propositions of the nativs inhabitants of proclaimed districts, should have legal effect given them by the orders in Council to be made under the act. This measure is as flexible as the other I am applying for leave to bring in, Districts ?may be'proclaimMand abolished at pleasure. The subjects on which regulations may be made are enumerated. They comprise the common subjects of Provincial Legislation, such as fencing, impound-

ing, cattle-trespass, <&c, &c, the stippreasion of nuisances, and other police regulations, the regulation of the sale of spirits, the suppression of drunkenness, and lastly the suppression of injurious native customs. There is also a clause enabling the regulation inter se of the occupation of the common property of a tribe— which of course would not enable laws to be made to affect title or succession. I believe the House will feel no difficulty about alienating to the Executive so much of its own essential functions as it is by this bill asked to part with. There is no doubt it is a legislative power we are asking for. But the subject is too minute and too various for •the General Assembly to undertake. Obviously such a body is unfit for this work of tentative legislation on petty subjects, for petty districts. I doubt not this House will delegate to the Executive powers which it cannot exercise, and a duty it cannot discharge. It will be seen that these i'egulation3 are to be binding on all persons within the district. This is an essential principle. We desire to recognia? a difference in the wants of different districts, .but no differences of race within one and the same district as regard the laws which bind. I will cite an instance of vicious legislation in this particular in the Cattle Trespass Ordinance of the Colony V. 5, sec. 3 of which enables Maoris to recover damage tor trespass on unfenced lands when a European would have no action. Such distinctions are to be avoided. And now let me say once more, we would gladly have escaped the burden of the responsibilities these measures involve. We took the subject up, feeling it to be our plain inevitable duty to attempt something towards the real and growing wants of the native people. We disclaim any credit for ingenuity or originating power in the devising of these measures. The native people, Sir, forced the cards upon us. These bills propose no more than what the active-minded people is already attempting for itself without our help or guidance. I propose to offer you proof of the fact. All over the Waikato < country, for more than a twelvemonth, the villages have been at work law-making, in their own fashion. Here is a specimen, by no means remarkable, from Taupari:—"An Assembly to con-> sider whether pigs shall be fastened by the leg, or conveyed to another place. After this-Assembly all pigs going at large or devouring crops may be caught. Any one who sees the pig may catch it. When a man has caught a pig at large or trespassing he must go and inform the -owner, and the owner shall pay him one sixpence and fetch the pig that has been fastened," and so on. Here is another from Whaingaroa:—"This, is a paper containing the laws followed by the Assessors and the twelve (jury).of Whaingaroa! If a person comes on a visit, and has a horse when he arrives at the village (kainga), the men of the village are to take charge of his horse. If through their neglect it dies, then it must be paid for. If a horse comes and eats at a stack of wheat, or potatoes, or pumpkins, if the fence is bad no damages will be awarded, but if it is good, and what it contains is destroyed by horses or cattle, then payment must be made." And so it goes on to regulate other matters. "These are the things," it concludes, "settled by the Assessors of * the Queen'and the Governor. These laws will be effectually carried out. From the Assembly Runanga, at New Plymouth, Whaingaroa." I might go on multiplying proofs from the extraordinary correspondence the native officer carries on with the aborigines. We are besieged with inquiries for guidance and aid in " the work of the Law." I will only refer to one or two more facts. We have been applied to receive into the Treasury money which has been levied on fines by a native chief on his own head. " 1 have come," he says in his letter, " to give you the money of the fines, but you must uphold me in my work of a magistrate."—"The evils are speaking untruths, and theft and adultery and many other evils. I have come that you may explain the law to me." Lastly, I will on this point refer, to the fact that the natives have, at their own cost, erected a number of Court Houses for the European Magistrate on the Waikato. This has been required of every village applying to be included in an experimental circuit, which has been established in that district. .It,has been required as a substantial evidence of the sincerity of the desire for the introduction of law and order. Not less than six houses have, I learn, been erected. Sir, I think I have estab-r lished my position that the natives are anxious and prepared for the introduction of some better system—such as we are proposing. They are, moreover, fully conscious of their dependency upon us for light and guidance. " Who,"—asks one, — " who is to take these Pikaris ? (birds just out of the shell) —who is to teach them to swim ? If they are left to themselves, they will sink in the water." There is an anecdote I cannot help narrating which will illustrate this feeling. At the great native meeting last year, at Taupo, held to promote the Maori King moveioent, various extreme proposals were broached. <** New Zealand for the New Zealanders" was -the cry; and some hotheads .fcam the Whanganui river would have "nothing less than a clean sweep made of the Pakehas—Governor, missionaries, and all. One .excited orator was on his legs, haranguing to this 'effect, at what we may .call an evening sitting, held in a large building erected for the purpose, and lighted by many.candles. Whilst this speech was going on, a shrewd chief of Waipa, Tarahawaiki, walked quietly round, putting out one candle after another, till the last light went, and theoiator "was brought to a full stop in total darkness. "Don't you think," said he, "you had better light up the candles again ? " " Certainly," rejoined the interrupter—" it was very foolish to put them out." With native quickness the-as-sembly apprehended the wise reproof conveyed by this symbolical act. -The excited speaker sat down completely quelled—not a word left in his mouth. Right well Maoris know who are the lights of New Zealand. Could they be extinguished, those who put them out would he the first to ask to have them lighted again. We can- . not mistake this cry of a whole people for law and government. What, but this, is signified by the King movement to which I have adverted ? " Organise us," they say, " or we shall organise ourselves/ This is the just dilemma in which they place the British Government. Sir, it is high time that we should have done with the the miserable shifts to which we have been put — have done with our diplomacy of savages. Inaugurate the reign of law, and cease to rely on mere personal influences. The native people, I say, is fast preparing for this consummation. But now come in certain objectors, great friends; of the natives^ sincerely anxious for their good, I believe ; they come in and say, why lead the natives into these empty follies ? why encourage their silly notions of assemblies and law-making ? These things are not their real wants. Their real wants are better food, clothing, houses, and farms —not running after runangas. Sir, I agree these are the real wants of the natives. Can a man fillhis belly with the east wind ? Sir, I will not myself answer these" objectors. I will give them a native answer. An old native, at a meeting on the Waikato, who was, as it were, groping his way, put this very objection, and you shall hear how the objection was answered by that shrewd chief Takarei. of Waipa. "It is wrong, it is "wrong," says the old man, " I am thinking where is the road, that I may come to your side. I don't quite see, for I don't understand. Tell me. I understand all about the House {i.e., the Court House), but I understand-nothing about the farm (material advancement). Tell me where we are going to ? ■ There are two matters, the Court House and the Farm. Tell me about these things, for it is useless to have laws and no property. lam seeking for this. Tell me about it. Is it one road or two ? Tell me about the second." —You see he was, very rightly, looking after the main chance. To which Takarei responds, " This is a plain road, grounded upon religion and love, and ending in property. When men know that the law system has been thoroughly established in a place, then will the.Pakeha give his friend; ship to the farm. But what is the good of having a farm without any laws to protect it. How can dogs be prevented from devouring the sheep? The law first, then other things will follow. * * * lam weary of poverty. Arid when I look at the size of my land, and what is growing on it, I say we are a foolish race. But I have now learned knowledge, and shall strive to put down all Maori ways and become like tbe white people. lam

also anxious to get a Pakdia who can teach us all about agriculture, and prevent us from wasting our Jabor. Now, law and all these good things g;> together. What do you say to it all?" After some more interlocution, the old native replies, " Now for the first time I know and understand . the road. Yours is a liberal work. I see love in it. lam perfectly clear now. Luw first, and growth afterwards.' v Barbarous laws perpetuate barbarism." If we want to civilise these people . we must give them institutions. I must now glance at a different topic. We feel that our native policy would be incomplete, and that we should be only imperfectly dealing with the subject, if we limited our measure to what is comprised in the bills lam now introducing. There remains a still graver question than those I have already handled. The question of the native territorial rights. ■ In the course of the present session we hope to introduce a measure adapted to promote the acquisition by natives of individual titles and to accelerate the extinction of the native title. Without such a measure we think that any native policy must be incomplete I desire, to state that 1 have conversed with eminent members of the missionary body in this country, on the subject of these two bills I am bringing in, and I feel'justified in saying that they concur in the general idea . and principle of these measures. I would not be understood as alleging their authority in favor of these very measures, the details of which have been known only to the Government, though I hope and believe that the details will meet with the approval of the gentlemen^ to whom 1 refer. Aud I cannot refrain from here- expressing my own deep sense of the obligations of Government to the missionary body. They have ever given the Government a cordial support. ■We , nave, found amongst them our best counsellors and and safest agents. We believe that the natives cannot" be efficiently governed without their cooperation. We, "at all events, have not attempted, nor ever shall attempt, to dispense with that cooperation. The en Is of Church and State are identical, though their means are different. I use the term church in the largest sense as comprising • all religious influences, and I say that the true ends of the Church and the State are one. For I hold no man a statesman whs maintains that anything short of the highest welfare of man can be the ultimate object , of the State — Christianity and civilisation must go hand in hand. The principles of these measures have been some time matured in our minds. For my own part, ever since I visited Waikato, in April last year,! have been persuaded of the necessity of such a policy, and that it is the only road open to us. But it were unwise to be over sanguine of the success of any measure on such a subject. Dr. Livingston, in his most interesting work-, on South Africa, well observes . "that we must not indulge in overwrought expectations as to the elevation of those who have inherited the degradation.of ages ;" and the experience of our own missionaries confirms the admonition. One danger I greatly dread is native indolence—perhaps an incident of the tropical origin of the race. Another danger is their newfangleness. I trust these are faults due only to their barbarous condition, and capable therefore ofcorrection. I admit, however, that I have my fears of the fate of the race.' The indications of the Population Statistics are certainly unfavorable : we must not, then, be over sanguine. ' But let us not, on the other hand, " give way to despair of success which must render success impossible." At least, let us go on striving, if not hoping. The highest works are ever the hardest. The Constitution Act reposes in the General Assembly an immense trust—a power'which has been regarded with great jealousy by some friends of the natives. But I, Sir, hold that the native needs no protector against $his House. I know you will not betray that grpat trust; you will not be slack in its performance," and therefore I stand confident that you will give the measures 1 now lay before you, full, fair, and impartial consideration. The bills were then read a first time, ordered to he printed, and read a second time on Tuesday, May 2*o* - . • " - . A bill to make further provision for the final settlement of land claims, was brought forward by Mr, Stafford, read a first time, ordered to be printed, and read a second time on Tuesday, the Ist June. .•■-■'■ By an amendment by Mr. Hall to a motion proposed by Mr. Henderson, the House, for the remainder of the session, will meet on Tuesdays and Thursdays at noon, and oh Wednesdays and Fridays at 5 o'clock. It was resolved by the Committee to whom it was referred, that the supply moved for be granted to her Majesty. Mr. Richmond moved that, on Tuesday, the house do resolve itself into a committee to consider the supply to be. granted. It was resolved by the same committee, that the sum t " of ,£3985 ought to be appropriated to defray certain supplementary services for the year ending 30th June, 1857. In this resolution the House: concurred. The amendments made by the Legislative Council in the Special Partnerships Bill were considered and agreed to; as were, likewise the amendments in the Foreign Seamen's Bill. . The Bankers' Returns' Bill was read a second time and committed, but after some little discus-, sion, the debate was adjourned till Tuesday next. The Sheriffs' Bill was read a second time and ordered to be committed. The Gaolers' Bill was or-/ dered to be re-committed. The District Courts Bill was read a second time and committed. The House then went into committee on the Bankers' Drafts Bill, and other Bills ordered for the day. Progress was reported on the Bankers' Drafts Bill, and leave given to sit again on Wednesday. The Sheriffs' Bill was passed through with one amendment, and the report ordered to be received on the morrow. The Execution of Criminals Bill passed through with one amendment. Report ordered to be received on the morrow. The Supreme Court Judges Bill passed with amendment. Progress was further reported *on the Customs Regulation Bill, and leave, asked1 tp sit again..