AN EXPENSIVE GOVERNOR.

Wellington Independent, Volume XVI, Issue 1505, 15 March 1861, Page 4

AN EXPENSIVE GOVERNOR.

[From the "Saturday Review," December B.] The merits of our costly little quarrel with the Maories are being discussed in England and New Zealand with nearly equal animation. Tho certainty of heavy taxation, the possibility of a disastrous issue, the natural desire to wreak on somebody's head the vengeance due for so much blood spilled and so much ignominy occurred, have lent to the, question an interest which Antipodean complications do not usually excite. Of course, on both sides passion is submerging the principles of truth and justice on which English men- ordinarily act and spaak. On tho settler's side, the "damned nigger" principle, with which we are so familiar in India aud the United States, is shewing itself more and more distinctly through a thin veil of common-place professions. It is easy to see by the tone of argument'employed, that treaties and tho rights which rest on them are looked on as of very small account compared to "the advance of civilization " and the " prevalence of the stronger race." A Parliamentary speaker in New Zealand, in moving a vote of confidence in the. Governor, advances it as a cause, of complaint that the Maories who are the ancient proprietors of the soil, still possess more land than the English immigrants; and the Times in England consoles itself with the reflection that, if the Governor did no more than buy a block of land of a native who was bot the owner, he committed^ very small offence after all. We doubt whether a similar error, committed hi the neighbourhood of Printing House-" square, and followed by a .military occupation, would be thought an equally venial sin. o'ulh.e other. hand 'the Bishop of New Zealand has, done all v that human ingenuity can do to prejudice the world against a ; roasonable case. The Maories have already to contend against the stigraa-^---fatal in .English eyes — of being uuder ecclesiastical patronage ; and, if anything was wanting to confirm that prepossession, the Bishop has been' careful to supply it: It is hardly credible that anyone who knows anything of the English mind could have- beon ill-advised enough to. set up sudh a pretension as the following : —

."That inasmuch tis this colony was avowedly formed, »v>t for the acquisition of territory 'for (■the. English' race, but for tlie protection' of the Ne\y, Zealander.'*, this primary object shall 'not be;^acri„ced.to ,the aggrandisement of the English, provinces." , ,:,.., ',tt is hardly, necessary to remark that, in !an .historical point of view, a more extravagant assertion has beeti.seJdom made The-,cqlony was formed by the, .first polo-, nists: as a : , commercial speculation; and ihe government was assumed by'the English Ci-own Yd prevent them from setting tip an independent governmentfoivtilemselves... A;, '>„..-• . . A

; The -.truth is, that these abstract-roa-i3biiiugs us td the legal, or event-he moralright and wrong of the war'are of ho, great practical utility. Armed resistance to authority must be suppressed, whatever may havo been the historical origin pf iho dispute -In all quarrels,- public or private: the investigation of the question, ." Who began ;?," never contributes.' muoh to the^restor.atip.n. of' peace. But it is of groat; imp.o.rtanqo to. lis to determine whether the Governor-has,- shown wisdom or j-folly in briugiug matters to; their' present [jpass j for upon that determinaVidiu fi hangs

the further question, whetfier he ought to remain in a position which wiil give him 'abundant opportunity of showing similar wisdom or similar folly on future occasions. This war has already converted a largo and flourishing settlement into a fortified camp on the beach, surrounded by desolated fields ; it will probably cost England a large sum of money at a moment when she can ill afford it; and it will divert from New Zealand her slender supply of immigration for many years to come. The question that the Government will have to decide is, whether this terrible result is due to bad luck or to bad guidanoe. Is it a savage caprice which no one could have foreseen ; or is it the legitimate rasult of the Governor's proceedings ? YVe think'that the facts establish very clearly that the Governor lias ventured upon measures which would have provoked resistance from any race on the faoe of the earth that had the power, as the Maories have to resist wilh effeot. It is neoessary carefully to keep h_-«_hind' that land is not with them, as with many savage tribes, a matter of slight importance, only dear to thorn as a matter of sentiment. Property in land is the great traditional subject of contention in New Zealand. It is, like tenant rigbt in Ireland, or a rigjht of way in England, a subject upon which a native is always ready to declare war to the knife against bis neighbour. The bloodiest wars have raged between neighbouring tribes for strips of land not 15 yards in breadth. A prudent Governor, knowing that any'false step in this respect might. cost thousands of lives, and would entail a grievous burden upon the country that sent him forth, would have respected this susceptibility o.f theirs and would have dreaded even the 'semblahce of tram,pling on their rights. Governor Browne has done the reverse of thitf. Great pressure has been put upon him by the settlers to get more land; especially iv districts where the natives were disinclined to sell ; and he set about the task with an . ingenity reminding*, one more^of the crafty oppressiveness of Anton elli than of an English Governor's: policy. One of the great difficulties. in obtaining laud arose from the numerous kinds of claim to which the same s'pbtof land may, under Maori law, be subject. What we should call tenauoy in common obtains to a very great extent; and as some of those who have share in a bit of land do not always remain upon it, but seek their fortune-in other parts of the island, it is not always easy to obtain a complete list of the proprietors. Governor Browne resolved to get rid at least of this difficulty, and in doiug so seems to havo been in no way disturbed by scruples respecting the rights of the natives, or any danger that might come of violating them. Here is an extraot from his instructions to Mr. Parris, the land-agent who has brought us into this trouble ;— 3. In pursuing your inquiries amongst" the resident natives, ' you should riot appear. Jo attach much weight-to the claims of absentees, as it may be assumed that they have acquired a vested interest in lands elsewhere, and should not now be considered as havingau equal claim with their relatives, who remain in actual possesion of tbe soil. ' A A

4. At the same time lara^I ara^ desired to. state that it is His Excellency's 'wish to have a separate investigation of the claims of absentees instil uted at the places where they reside ; when they will be settled with, in proportion to the relative merits of their claims, on a basis which .will fully preserve the distinction which should be made between resident and non-resi-dent proprietors.

We should like to see the face of an Irish landlord if Mr. W. Cooper were to suggest to him this original device for facilitating the purchase of lands for the Crown. Is there any people in any part of the world who would not /be a little excited at a project for buying the land of absentee owners whether they liked it or no, and then paying them for it " on a basis which will fully preserve thb distinction which should be made between resident aud non-resident proprietors ?". Having created by this ukase a new code of real property law to his own ; entire satisfaction, the Governor * proceeded, with equal decision, to sweep away , another sot of Maori titles which troubled his' repose.. Thosb were Ihe'mana, or tribal rights of the chief of a*ny community to veto the alienation of land by any of its members. This right bearer 'a. distant analogy to the rights of the lord of a manor under feudal law,., and has frequency been compared to il;= but ;.it probably exists in ' . .every, community whioh has so far advanced that ite property, is ceasing to be tribal, and is becoming individual. This species of claim is the special aversion of the Governor and his Ministers, and* very naturally so, for the ohiefs, beiug. generally men of a superior stamp, are more keenly alive to the real value of their land than their subjects, We have already seen that the Governor's v id eas of real, property legislation are of the simplest' character, and they enabled ; him td^ disembarass iiimself of the inariai with .ygryA little • ceremony! ;.,He ;i ; wont , .down to Waitara and announced' that ?". he would not permit any o'hetp interfere yvitlr 1 the 'sale of viands Autij ess. ;K$ owned a part;>^ There? upon, Teira-i-who had- quaxrellodi; witEff William King aboii.* some Afaniify^Mafi* 1 , and lcn.ew t h e * 1 att e r's di sfifc'e*^o lalieia ffio _i ! . — ste p pod .foxvv atd i and offere'Ctn^o bit 'of i land in .quoMon. William King*, as oljie A Y?!i , 'SK? Bale - '^c 'Govl?& I contestofempiy^to, -both, on general grounM^p|i^\use ; many years, .hapk' lie h^plilOTi^ifjsome-timei an- absentee. Th&;M|^|^^S' A retilitted to the Govern-! , m«j®M^Sbtt-:, Mr, Parris, to settle,!

and was Tor ¥ome 3i tiM'&^^ sideralion ." >Wiiramr;Ki_g -,>«ep&ajiSdiy^# ? reiterated his claim, appealed iiouhe^p^lit vernor's declaration that he would never „; take " disputed land," and intimated that. c if his rights were o^err-jxlen "there moulds, be death." But it was to no' pu-rposferTA -*■ The 'relation* between Mr. Parris and King appear to have degenerated into ' A something very like^an open/ brawl,? for* V some months before: any decision as; to'A the land was given, Mr. Parris threatened to have King _hot. The decision vvais sat, ■ -■*' last given by the Government officers' in.;; A favour of the Government, and \the Governor ordered a survey to be, made first, y w : and, if that were resisted, a military oooupation.;. ..-._•■ The questions— the whole'qu|sti6n -^is^^fj whether this course of proce^dingl^asjprj f j was not likely to produoe a war. If 'ft*..-* was*so, few people in England will doubt the Governor's, unfitness for his post. A good deal of labour has been expended . in discussing the validity of William King's claim to the veto. -„ But>il si fin Vijt- ._• j lidity,even if proved, in- nqA ; \y r <\y. .vjdj'njir :-,•» *• nishe.s, the/, charges of imprudence andi/J; reckless^s against the., Gov.ejn^f:^Mo^ was quite clear that Williami king Wa^'his people believed in his claim, and meant to stand by it; and it was equally dear that six' hundred acres at the Wai- Tt tara were' not worth a war like this. The: despatches sho#. throughout that the Government were perfectly' aware tbat King would resist. Indeed^ thereAWas'i r | nothing strange in this r'risisiaticev The X s trange , t b ing* wo uld, h a ye bee n ; ' i f 'tie '^frdtfni •• not resisted. ''AYl'en "do hot 'mf^\lefe'h^ik'ip'>* patiently to be ousti'd'of 'riglUSA-ofK^hiSh' tf ■ they aro in possession, and to whibb J l'h'6^ believe th emsel yes tv ba ye a ,'.ti tlcr-Bu t-to/fy^-be dispossessed of yotir land 'vvrtnouVthovA'^ pretence of a judici.al.,iuquiry.,;.without f the, . intervention of a single im partial ipers^lj by the mere fiat of the paid removable officers of the Government tbat*cdvets>it —officers who exist for the- sols 'jp'iiVj_os s o bf gottirig*land someh'p t iy.!,'to ( V v^t)i,sfy^|bV . craving* of the settlers^-^-is enoughlto/moi.w.e-the-resentment of people faiv' more •selfcontrolled thau a savag_'Ayho.'i^ . self remember the day of lm mdepeud- . ence. It appears also thatWilliami.^ing A had previously beetr dispossessed.in the same despotic imanner, ofAati6't^# penty..in;fche;sa^ protests had been treated .with, contempt; Any ono but a xh ilitary martinet Amusl have seen that such : aA p%lVse . of ? j»<^iioy was certain" tole/iye ;th ; e.;N^i^e ; .mind the impression that 'their, .aqclenV.rights : were as. nothing inthe-Governor's reyes, ; and that they ;we,re regarded 4s a conquered race on whbs'e l rt6ck3.t^e y^Xop^s, to fitted with a strong hand. ..^lfi^Jl'ad 1 only referred the disputed title to some arbitration in which something more inde-" " pendent than a G6vertft_ent*dffioial might have taken : part, he .would at least ha,\ e v shewu.that he' desired^ y& more "equitable course of prbce'eding<ha&i„. /not pacified Willikm'Kirig; it ! would*:h'av©*i deprived Jhim of hislstiphoVlfcr^ tive and JEurope^n.v He ; jW,p,ujtt powerless if the Waikalosf, the/Tarandfa-Vfa and *he Ngatiruahuis had nbt jciined:|hei_ arms to his/and if so large an>rab_ntsf $ European opinion, ha,d PP.f. endor^d 4 . t .tfip'" claims. For it is one of the grayest,; leap . tures of this case tbat many of the most enlightend Englishmen.iri the islapd pro-.' claim their belief that m this quarrel their Government is in the wrongA*;Tij^| condemnation of such men as MKSwain-* son, who' for tpany years' was Attorjtie^; M General in the island, and. of. ;the'^en)ir^ bers /or such places as Auokland and the Bay of Tslauds, shows, {that it is nor, as some of pur contemporaries have found it convenient 1 to assume, merely a clerical opinion that arraigns the Governor's,.conduct. It is difficult to escape the'conclusiontbat a sensible* thaii whb f wished to avoid a quarrel WQuldjnot have acted , as Governor Brownte hW 'ddiie. It is eviden't^rom the Minutes Vf Mr. Richmdnd,Jhe,bolonial Tfetlsurer^tte^if? Mitiistets we're/not ; sbfry to v f haV_* thdquarrel'.'' Ift'e ' Goyernpr has*'be'^;ur|fod lf| on by ' others :; arojihdi h Jnaf;-* -^i&BSjbh dt^iy ? impatient as is t!h^ nianhier*bf bifiliais^at any resistance to * theif vie'ws'-'df^P'bliby^ But the Governor, perfectly knew onwhsft-A he was embarkingA Eight 'months before the fray, while 'Mr f' Parris was yet oom-; > posing his rescript" in the recesses of liis* o ffice', ,h 'ei wrote !f o'^heA^ - his senerol vie w titlne" I ,^ of a n ative, twar,:t-r,u i fi ( TVitt''X '•••*>iyl : ;"„;A; ,:V ';- a.:a'A Should any unfortunate cirpumstahcejj*i|^^^^^^^^^ to a collisibri,' the-iini'on'df a^l&rge! ,body.;d^iia-i. r '-- ;? ' 'tives under a" single chief,^ /r \vitfai Atheir'-\,c'e*qtral-;\^A position. : and the fastnesses of :ih^¥bhatlT/wo^d-give-thein a-. great. aavantffge;.:r ...AA.!.,.A A.^ If blood were once shed by Europeans, even in self defence, it wohld'be* itepossible to forsee, the consequences., ..]"". "T The conseijuehces """'■; to th^ scattered E_fOp'ean^ po^ii^lofi ;itf|hfs' : colony boold'riot'fiilU^be/^^ ihgin' the' e.•<tr'3'm'e , . I " , s'»*/-, i:*s*uf !>«* „;,. rsTor ' are the " oon seqtienoes" ft^ tit" f (j^igg a: English;; fcaxpoy(B^^)Qp^f;.^w,ll i qm.„.alQft^^ Colonel Browne nor Mr. Ridhfiio'nd f evTer seem to have bbstowed athought.. .Soaioei f-'yl ly a year /passes* b^it^pi\i| e^tinaafes are. j burdened" by the l oQ.sJt;jif some petty war A ' which, the.sfelfn wi'ih oft ''an'fs- p|'<thegetd& : :; tant ! proeonsulßHaß'»pVovolfeed^*t^ p^Wses'* bt ttur^ho*fl^^e^^ s %yi^hs#A bai^Ji^Mv^^F^Spli^ ; ocr -t^i^fcU^fllSp^f^^ •■_on«taatfdjisw^ beginnjngjWe^ h^e^au;^fid^wtaß||Ji^^^ ori" Wh!oVe' 'erl^-;.We^;paa ; 'Atfey^^ makes 6nancial;-retr6fibh^ .There is ! : f h^]nS^t|iiit^^^^M ;imperill6dlMilw3fflMJii^^ »_tpf ;., but,;^h.^n^^ll»Qpd|ifc ; -ffeomb't^^:t_..b»i^ |h i*^^^ttp^^p^^i , fS^^tt|p^» oifeuiii-fM

Tame v Fisher.— Debt £16 2s. 6*l. Case withdrawn-

Shepherd v France.— This was an action to recover the sum of £10 for a sale levied upon defendant's land at Ohariu. Defendant proved he was the agent for a moiety and not liable for more than £5. Judgment for £5. Greer v Smith. — An action to recover the sum of £3 19s. 3d. damages sustained by the plaintiff in consequence of the defendant's bollocks having destroyed Plaiutiffs crops. Case dismissed.

Tuesday, 12lh March, 1861. Before Charles W. Schdltze, Esq., J.P ,

and Nathaniel Levtn, Esq , J.P

Smith v Matbieson. Breach ol Merchant Seaman's Act. Defendant was charged with -having refused to perform his duly on board the Brig Wanderer. Plaintiff not wishing to press the charge, defendant having expressed his willingness to return to his duty, was ordered on board accordingly.

In consequence of the Elections being held at the Resident Magistrate's Court, the above case was heard in the District Court, the Resident Magistrate acting as Returning O/Kcer.