THE GOVERNOR'S DISPATCH.

Timaru Herald, Volume XXXVI, Issue 2412, 15 June 1882, Page 3

THE GOVERNOR'S DISPATCH.

Sir Arthur Gordon's report to tbe Colonial Office on the West Coast native affairs wal presented to the Houso on Tuesday evening. It is a very lengthy dispatch, of which a large proportion is occupied with an historical summary of the events leading up to the recent difficulty as they appeared from the Governor's point of view. It is dated February 26th, 1881. His Excellency states that the Native Minister had afforded him material assistance and showed no reluctance to place m his hands tbe offioial documents m hit possession, all papers m hit office having been freely placed at His Excellency's disposal. The Waitara difficulty of 1860 and the successive troublaa up to the last one are described m tucotssion, considerable doubt being cast by His Excellency on the validity and efficacy of tbe alleged confiscation, on which subsequent claims were founded by Government. T* Wbiti is alluded to by Sir Arthur m tbe following terms : — "Te Whiti, though himself a chief, ii not one of the highest rank, and owei bis power mainly to bis individual qualities. Hi was oue of those who had declined to take part against the Government m 1865, though many, if not most, of hii tribe then did to. In 1868 be successfully used his already large influence to keep back those who were under his authority from joining the outbreak under Titokowaru, during tho whole continuance of which he and bis people remained quiot at Parihaka. The next ten years witnessed the rapid growth and development of his influence. Educated by a Lutheran missionary and deeply versed m the Christian teaohings, he preached a vague and mystical religion, of which ho is himself the prophet. Eloquent and subtle, and animated by an unquestionably earnest patriotism, he has for many year* exorcised a powerful, and for the most part beneficial, sway over the hearts and lives, not only of his own tribe, but of a large seotien of the Maori population. Where his influence extends drunkenness is unknown, industry is exacted and peace sedulously inoulcated." After reference to the interview between Te Wbiti and Mr Mackay, and tbe supposed " overture " by the Premier, Sir Arthur says: — " To this overture no reply was returned, and Te Whiti appears to have come to the conclusion that the attention of the Gov«rnment would only seriously bs attracted by a demonstration which could not be ignored or trifled with." Then oame the ploughing, of which His Excellency says tbat these proceedings were certainly oonduoted with Te Wbiti's knowledge and approval, and probably by bis direct order, though this ha* navtr been proved, and bus by some beeo doubted. He adds: "Tho Government of Sir George Grey found itself placed m a situation of great difficulty by these proceedings. The settlers were naturally much nxcitrd and exasperated, and had made up their minds, though, I bolieve, mistakenly, that these nets of deliberate trespass were intended by the Maoris to provoke a fresh native war." In arresting the native ploughmen His Excellency is of opinion that " m these circumstances tbe Government of Sir George Grey acted not injudiciously," but be adds : " I have not bsen able clearly to ascertain why, having obtained a conviction and a sentence of a . year's imprisonment against a conciderable number of the men, the Government shrank from bringing tho remainder to trial j nor, Sir George Grey's Government having left offioe on the Bth Ootuber, is it now possible to say with confidence wbetbnr the allegation that all lhat was contemplated by the original Act was tbe postponement of the trials for a short period, and tbat they were then intended to take place boforo tbe Supreme Court m the ordinary manner." His Exoellenoy further say* : "On the assembling of the new Parliament m October a obango of Government took place. The Maori Prisoner* Act was allowed to expire but the prisoner* were not tried, and m December an Act, which* wal m fact two separate Act* lotnewhat clumsily pub together, passed the Legislature." Tha debates on this Bill and Ibe provisions of the same are described at considerable length. The Maori Prisoners Act 1880 i* similarly treated. Of the West Coast Settlement Act bi* Excellency BB.J* :—" The West Coast Settlemoat Act wai introduced mainly for the purpose of enabling ths Government to give effect to tbe

recommendations of tho Boyal Commission which hid m the meantime made iti report, and bad olrarly shown that the grievances of the natives wert) by no meani visionary, bm real and substantial. Ihe remedies suggested by them required legislative aanction, »nd the Bill m question was prepared m order to confer the neceesary powers on the Executive Government." Tha discussion, and the circutnstanott which led to the patting of the Maori Prisaners' Detention Act 1880, and to the preparation of the penal clauses m the West Coast Settlement Act, are thus introduced : — " After the cessation of the ploughing operations at end of July, 1879, the survey of the Waimate Plaint for sale and the construction of the road through the Fiirihaka di«trict_ were steadily prosecuted under the protection and with the labor of a party of Armed Constabulary. No event of importance occurred until May, 1880, when, unwarned by prerious experience, the road was taken through a fenced field m the occupation of Maoris." The fencing phase of the affair is tken relattd with tolerable fairness, the follswing telegram from Colonel Roberta to Mr Bryee, dated 28th June, 1880, being quoted m exlemo at indicating that the Maori fencing wat only to protect their crops, and not for the purpose of obstruction. "To Whetu, To Whiti't tecretary, and another natire tent word that they wished to tpeak to me. I met them whare the road is made through the fence. They asked me to pat up a gate. I pointed out to them that a gate would not save the crops, and tuggtited they should fence the road off. They laid it was too much work, and they could not do it. I pointed out that it would not take long if they broaght as strong a party as they had to-day. They replied that it would not take long if the soldiers would help. I agreed not to let the pigs into the sown paddocks tonight, and to report to you. Te Whetu and party will return to-morrow for further talk. Please instruct me m the meantime. lam of opinion that the natives wonld be willing to fence the road off if we assisted. The men seem to be m a very reasonable and talkative mood, and if carefully treated would be willing to come to reasonable terms. Te Whetu informed me that they would be sowing wheat to-morrow on a piece of land bounded by the fence, which the natives titid they would not put up again. Te Whetu wanted me to meet him there to-morrow. I refused, and told him he would bare to come to me, to which he agread." The interview did not take place, and on tho 14th July Colouol RoberU expressed the opinion that a swing gate would satisfy the native*, but said that on his telling them Mr Bryoo would only approve of it at a temporary measure, Te Wbetu laid it was for the Government to fence ; he would not. His Excellency next refers to the arrast of the fenoers, and the final protection of tho crops by slip-rails across the road. Having given, as he believes, an accurate account of the transactions on the coatt during the last two years, and of the legislation consequent thereon, Hit Excellency sumt up the case at follows : — "My stay m New Zealand has bten of suoh duration that I hesitate to express, or even to form, any very confident oi inion on the questions I have dealt with. What was, indeed, m 1879, the actual position of the lands within the confiscated territory, it would be very difficult to determine. That as regards the district between the Waingongoro and Stony River the confiscation had for 10 years been practically abandoned is a patent fact, but it had not technically been so ; and, indeed, there has for some years past existed no machinery by whioh such confiscation could ba formally reversed. It it, however, moat important to observe that whilst it is admitted that the confiscation did not touch the property of local natives, no attempt had ever been made to define the localities or limits of such property. That the Crown consequently, if the rights it had acqaired by confiscation were still insisted on, poeiesstd land, and that the natives also possessed land within the district ib question wat clear ; but with regard to any particular spot or area, except, perhapt, what wat actually m use and occupation, it would have been difficult to tay with confidence that it was the properly of either. I have no doubt whatever that tha Royal Commissionary are correct m their conclusion that tke ploughing of confiscated land was resorted to by the Maoris m order to force on the Government tha consideration of taoir claims. Buch proceedings have not been unusual m a similar state of society from the earliest times, aad it ia far from improbable that the idea may hvre been suggested to Te Whiti, who is a mott diligent student of the Bible, by the example of the mode employed by Samson to compel the attention of the Philistines to hit grievance. It may also be remarked that if tbis wm their object, it was completely succeaaful. The proceedings of the ploughmen undoubtedly led to the appointment of the Royal Commission, and that Commission at onoe reoognised the existence of the grievance! whioh had been derided as imaginary and anreal, which had remained for so many years unnoticed, and which, except for that Commission, would probably be yet undealt with, bnt which are now m the course of rapid and satisfactory adjustment. But whilst the Maoris would have been amply justified m taking suck stops as might have raised an issue as to the ownership of the land m a form whioh could not be overlooked, the persistence of their proceedings, thtj shape they took, and the alarming excitement created by them rendered tho forcible action of the Government imperatively ueoessary. It appears to have been delayed as long as possible, and I believe n disastrous war to have been escaped through its meant. In the subsequent dispute with respect to the fences— a dispute which I cannot dignify by the name of ' disturbance,' and which was, m fact, a quiet persistence m the assertion of rights of occupation — tho Maorit appear te me to have been substantially m the right, although undoubtedly wrong m tho mode they took to aieort their pretentiont. Te Whiti, as I have before remarked, has never borne arms against the Crowo, and he and others m the like situation are undoubtedly entitled to the full enjoyment and postesiioa of their lands, even if situated m confiscated territory. The surveyors appear to havtj assumed that the land was altogether m tha hand of the Crown and to have aot«d on that assumption with somewhat unnecessary rigidity. Te Whiti, on the other hand, seems to have had no objection to the construction of the road, but to have been jealously apprehensive of claims which might be pushed to such an extent a* to leave him landless and powerless. It is difficult to believe that a conciliatory temper and a little common sense would not hove easily arranged the difference at its commencement, either by their adopting the arrangement ultimately effected, or by directing the Armed Constabulary to fence tbe sides of the road where it paised through cultivation — a concession whioh it seems to me would have been only reasonable, and whioh was m the first inttane* reoommended by the late Native Minister to Colonel Roberts. This ourse wat not adopted, apparently owing to a reluctance to watte tbe labor of the force employed; but the amount of time contumed m pulling down the fence erected' by tbe natives some forty or fifty times, m effecting arretts and oonveying prisoners to gaol, must have been far greater than that which would have been lost had the Constabulary m the first intUnce pir formed this labor. But while I lament the occurrence of • misunderstanding which might, I think, have been avoided, I am not prepared to condemn tbe legislation of whioh it has been the cause. When once these men had been arrested it il undeniable that their immediate release would have been attended with consequences fraught with danger. The Maoris would have been encouraged to attempt more questionable acts of resistance, and the irritation of the white settlers would have rendered it difficult for the Government to resist the adoption of meaturea pressed upon them with doubtless the bett intentions, but certain to iv) peril, and almott certain to make impossible, the continuance of ptaco. lam therefore inclined to think that m taking authority from the Legislature to detain the prisoners for a short period the Government of New Zealind adopted tbe best course open to it. The actnnl framing of the various enactments, however, appears to me to be open to muc criticism, and (he infliction of • penalty of two years' imprisonment for the offenoo of being ruipscted of an intention to commit any of the Dumirjut acts made illegal by the West Coatt Settlement Act U a provision whioh hss few precedents, and those precedents of an objectionable charooter. A con*

siderable number of tbe prisoner* arretteu under these Acts have already been releaiod, and I have reason to hope that the greater r art of the remainder will be so at no distant date " I havo already once extended the operation of th« Maori Prisoners Act 1874, as advised by the Cabinet, and I shall be prepared to do so once again so as to continue m force until the meeting of the Colonial Parliament ; but I should experience considerable reluctance m prolonging its operation after that time without a fresh expression of opinion and fresh action on the part of the Legislalature, and it will be with regret that I shall witness the renewal for a longer period of legislation of so exceptional a character, and which, even if it be admitted to be m this instance needful, affords a dangerous example, for the precedent thus set may hereafter be far more easily followed with less reaion and its abuse afford a cloak to acts of grave oppression. " I have, 4c, " Abthub Gobdok. " The Right Hon. tbo Secretary of State for the Colonies."