COPY of a Memorandum by His Excellency Governor Gore Browne, C.B.

Wanganui Chronicle, Volume 5, Issue 245, 25 July 1861, Page 4

COPY of a Memorandum by His Excellency Governor Gore Browne, C.B.

26th May, 1861. The near approach off a session of the Assembly seems a proper occasion for the expression of my views generally on Native affairs; but, in stating them, I shall avoid details, and confine myself to an indication of subjects demanding notice and consideration. 2. So long as the dangerous element contained in the King movement remains unsubdued, so long will any assistance offered to the Natives, in their search for better government, be received with indifference, and attended with little or no result; but when the supremacy of the Queen is fully established, the first step to be 'taken should be the initiation of a. system by which the Natives maybe governed through themselves. 3. I; entirely agreewith; the -House of Representatives in thinking, “ that institutions for the, Native people ought to be based on their free assent, and committed to their guardianship that Native territory should be divided into districts, and, if possible, one or more chiefs'in each appointed to act as organs of communication ..with the Government ; that the Runangg, lawfully constituted, should have power to recommend regulations for the local affairs of tb.e district; that measures ought to Jbe taken for the ascertainment and registration of tribal rights.

. 4. jffith this view a circular letter should be addressed to the most important Native settlements, informing them when and where the next Conference will be held, inviting the tribes to send delegates empowered to express the opinion of their constituents, and. indicating as many as possible of the .subjects which will be proposed by the Government for,their consideration. Among these subjects the following should be included : I. Are the Natives, in properly constituted districts, willing to acknowledge any particular Chief, who shall be the organ of communication between them and the Governor, and to whose authority they will, submit ? 11. Are they willing to receive the visits of a European officer,, and accept his advice ? 111. Do they wish that a fixed number of Assessors should be nominated by the i£uuanga, subject to a. veto by the Governor, or would they prefer that Assessors should be nominated by the Governor, as at present ? IV. Will they declare the whereabout of the Ilapus belonging to their tribe, and give a list of the families which compose each Hapu, and the names of the Chiefs who represent it; and if this can be effected, will they.be further willing to register the boundaries of the land belonging to each Hapu, with the names of the Chiefs whom they wish to act as Trustees of such land for them, —an assurance being then given that no purchase would be made within those boundaries without, the assent, of: the Trustees so registered ?- . V. The equality, of rank among so many of the Chiefs, and their extreme jealousy of each other, are likely to offer the most serious obstacles to the recognition of either single Chiefs, or Assessors; but, if it is possible to overcome these difficulties, the relations between the. Government and the tpibes will he much improved,‘and, ultimately, the administration of justice will be greatly facilitated. YI. The payment of Assessors is a question of great difficulty. At present, a number of men are paid .£lO a year, which is not sufficient to secure their loyalty,, and even the larger salaries which are given to some often create jealousies and cause dissatisfaction. This, however,, would be greatly simplified, if a system, of election (subject to veto) were authorised and accepted. YII. Believing as I do that real civilization of the Natives is impossible so long as their communal title continues in its present form, I am most anxious to induce them to register the lands belonging to their different Hapus, as being a great advance towards individualization of property, and the removal of disputes attending the alienation of land.. VII/: The power to clothe Native. Title with a Crown Grant must be delegated to some one, if we desire to see communal title-really extinguished; numerous cases have already occurred; more particularly in the Middle /sland-rrrjn which the want of this power lias been greatly felt. If the Assembly be unwilling to confer, this power: upon- the Governor,

any le gislatio.n on the subject must necessarily be reserved for the consideration of lier Majesty’s Government (vide Lord CaVnarvon’s Despatch, No. 34 of 10th May, 1559.) IX. The opinion, of the three Judges has been giv'fen imreference to the establishment of a tribunal, having jurisdiction in disputes relative to land over which the Native title has not been extinguished. They haye not entered upon details, but it occurs to me that a judicial officer (query a Judge) residing in Auckland should have power to issue a Commission enabling the holder to associate two Native Assessors with himself, and then to empanel a Jury, as advised by the Judges. lam myself inclined to think that the decision of a Commissioner, with disinterested Native As- . sessors, would be safer, and more likely to de- ; cide impartially than a Maori Jury; but I hesitate to advise anything not exactly in, accordance with the opinion of the Judges; - such a Court, however constituted, would be powerless unless both parties consent to abide by its decrees, but time aud experience might , give it additional influence. ; X. A much larger staff of European officers , will be required if the Government really unl dertakes the civilization, of the Maori people. At present, the difference of language places ; communication with the Maoris in the hands i of the religious bodies and a very small number of settlers ; few of the latter being willing to enter the Native service. The consequence .is, that the Government is dependent on a very few individuals, and in many places is almost unknown to tbe? Natives, XI. Some of the most populous districts-*— . such as 7/okianga and Kaipara-=-rbave no Magistrates resident among them ; and many—- . such as Taupo, the Ngat.Tuanui, Taranaki, , and the country about the /fast Cape—have ;• never been visited by an officer of the Government. The residents in these Districts have , nevei felt that they are the subjects of the , Queen of England, and have little reason to , think that the Government of the Colony cares at all about their welfare.

XII. In the Hudson Bay territory, and in other colonies where the Europeans have assumed the duties connected ‘with the government of partially civilized tribes, it has been found necessary to have officers regularly trained and educated for those duties; the Government relies on, these officers for information,; and for the steady maintenance of the influence by which the civilizatipn of such tribes may be permanently improved. In New Zealand the Government is, and always has beem uuable.to perform its duty for want of a sufficient number.of agents so trained ami qualified for the service required of them. In a short time, many ,of those on whom we now depend will, cease to be available, and iben there will be very great difficulty in replacing them. I am, therefore, strongly of opinion that the Native department should be entirely remodelled; that a Native service should be established, and that increase of pay and advancement should be offered as a reward for fidelity and efficiency. Without some such system the Government will never be able to take its proper part in establishing institutions for the Native race, or obtain any real hold upon their confidence.

XIII. The establishment of a central school for the instruction of Assessors in i lie practice of the rudiments of our law, is also another subject which 7 strongly recommend for consideration. 'lnstruction in Maori* &c. &c. might be given at the same Institution, to young men wishing to enter the Native service. XIV. The education of the Maoris has hitherto been entrusted solely to the religious bodies, and the effect has been necessarily confined to certain 'districts. There is no school at all north of Auckland; no school has ever exjsted in many of the most popnlous placesmore particularly in the Ngatiruanui country : and in one school only is any attempt made to give instruction in agriculture. Government is not less bound to care for the secular instruction of its people than the Church is for their religious teaching. XV. To feed and clothe the pupils, as practised by the religious bodies, would require too great an outlay to admit of general adoption ; but schoolmasters (having a knowledge of agriculture) might be appointed to reside in Native kaingas we should thus take education to the homes of the Natives, instead of bringing the children away for a short period, and then leaving them to relapse into former habits when they return to their own people. XVI. The/system of purchasing land requires alteration. I do not enter into this subject, as my views are explained in my printed Despatch (No. 80, of 29th /September, 1859). ; XY3X Roads’ (not necessarily metalled) through Native districts are absolutely necessary for the progress of civilization and. the maintenance'of peace. The Assembly should, be asked to make advances for this pappose.

In the Despatch referred to in paragraph XVI. his Excellency, after detailing plans for appropriating, for the benefit of the Maoris, certain parts, of the land to which the Native title may be extinguished by the present, mode, proceeds thus, —-

“ 7/aving made these provisions for the well being of the Aborigines, L think it would be desirable to facilitate the acquisition of lands by Europeans. in every, way which can be safely adopted.. Whenever, an European, indicates a portion of land which the Natives are willing to’ sell to him, the Governor should, at his'instance, endeavour to extinguish the Native title on the following conditions,—-That all land so acquired/shall be sold, by auction at. an upset price to be fixed by the Governor, being at not less than 5s per. acre jp Jus the cost of survey, the purchaser to pay l(j per

cent, to the Government on receiving a Grown j grant: that the applicant sliall give security !that he will pay all expences of surveys, s*c. 3’C. ami purchase the quaiitity agreed on upon the terms specified, provided no higher price is filtered-'for it by auction; that for the better performance of these acts, the Governor in Council (nominated by the Crown) should draw up a code of regulations to be submitted from time to time for the approval of her Majesty’s Government.”