MAORI MEMORIES

Wairarapa Daily Times, 11 August 1936, Page 4

MAORI MEMORIES

(By J.H.S. for “The Daily Times.”)

MAORI TIKANGA V. BRITISH LAW.

The question raised by Taraia and referred to in the last “Memory” was now endorsed by our Attorney-General, Mr Swainson, regarding the illegal action of Goyernor Shortland. To interfere in purely Native disputes became a question of the gravest importance. It was urged that Mayor Island was outside the boundary of the Colony, that only those Maoris who signed the Treaty were British subjects; that few inland tribes had thus given their allegiance; that neither Tolii nor Tangaroa had ceded their rights to our Queen; and that it would be illegal to arrest them for murders committed outside Her Majesty’s Dominion. Several constitutional lawyers endorsed this opinion.

Lord Stanley differed from this, and informed Mr Swainson that no gentleman holding such opinions could be permitted to act as a public officer. However, he was not removed from his office and although his law may have been “law,” in common sense it was a mere legal quibble. Nevertheless by Mr Swainson’s foresight it did great good by preventing the acting Governor from embroiling the colony in a disastrous war.

Another appeal to arms did not end so happily as this Tauranga “campaign.” Further illegal conduct of the N.Z. Company and its settlers received a shocking check in June, 1843. Rangihaeata was against the Government because the Supreme Court had acquitted a white man who had murdered a Maori woman relative of that chief... It occurred thus —In Marlborough, the Wairau (broad valley) was claimed by Colonel Wakefield as the Company’s land and he sent liis brother’s survey party to define the boundaries in June, 1843. Rauparalia and Rangihaeata, the owners, carefully removed for-the surveyors’ use all their belongings, then burned their huts. Captain Wakefield obtained a warrant to arrest Rauparalia for robbery and arson. Mr Thompson, the Magistrate, with eight gentlemen, and forty others designated “armed labourers,” volunteered to execute it.

Puaha, a Christian convert, entreated them to go unarmed but liis warning was not heeded. Rauparaha suggested that the dispute should be referred to the land commissioner.

Rangihaeata’s wife was shot, and the massacre of more than half our party ensued.