REPORT OF THE WAIKATO COMMITTEE

Wellington Independent, Volume XVI, Issue 1589, 7 June 1861, Page 3

REPORT OF THE WAIKATO COMMITTEE

The Select Committee appointed to " enquire a s " to' the circumstances under which an atteinp " was made, in the year 1807, to introduce iir " stitutions of Civil government amongst the " Natives of the Waikato district, the practical " effects ef the same, and the causes which led "to its discontinuance ;" have considered the matters to them referred, and have agreed to the following REPORT. Is consequence of the short time which remains before the termination of the present Session, Your Committee are able to do little more than lay before the House the evidence taken by them, and some general conclusions at which they have unanimously arrived. The Evidence deserves serious attention, as relating to a subject of vital importance to the colony, and embracing, with few exceptions, the views oi" persons bast qualified to form, a judgment upon it- . „ Your Committee have adopted as the basis ot 1 their enquiry, Mr. Fenton's ileport and Journal ■ of Proceedings as Resident Magistrate in the Wai- . kato in the years 1857-8, printed amongst the ■ Sessional papers of this Session, The general soundness of the vicw.s propounded in this very able paper lias not, in the judgment of Your Committee, been impeached. The following is the Colonial Secretary's Otftcial Minute upon it ; — " Referred to the Native Secretary on the 9th October (not returned till (he 1 7th instant.) This is a mo.st valuable and interesting report ; very unlike the dry bones, or at most revhuulfos, usually submitted. It ' . demonstrates powerfully that the system ■ jointly recommended by the Governor and the ltesponsiblo Advisers of the Crown in May last, is calculated to effect that great desideratum (if the Native race is to be preserved and the peace of the Country maintained) the elevation .of the mere Maori into a reasoning citizen, air. Fenton deserves the highest credit for the judgment and prudence i which he has displayed in carrying out " * His Excellency's instructions communii cated to him on the iOth May last. i November 18th. J 857." E.W.Stafford. * Amongst other papers laid before them, Your : Committee direct the attention of the House to ■ the following, as having a special bearing on the matter of their enquiry: — 1. Despatches of the Governor to the Sccrei tary of State for the Colonies, expressing his Excellency's views on the subject of > the King movement : dated 9th May, i 1807; 23rd September, 1807; 9th November, 1837; 17th June, 1858; 19 th > August, 1858; and 25th May, 18DU ; with their respective enclosures. ! 2. Memoranda by the Native Secretary, Mr. McLean,' dated 7th September, and i Ififch November, 1807. I 3, Memoranda by His Excellency's Ministers, dated 6th May, 18-57, and j>9fch September, 1858. , 4. A paper on the subject of Civil Institutions 5 for the Natives, submitted by Sir William 3 Martin, late Chief Justice, to Governor f Gore Browne in 1859. i 5, Papers relating to a very interesting, bin f unsuccessful, experiment, having for its object the encouragement of the Natives s in Waikato in pastoral pursuits, by in--1 troducing grass seeds. These papers, with the official Minutes thereon of l Ministers, and the Native Secretary's r Department, deserve consideration as il- ) lustrating the general character of the i relations between the two departments, 1 . and their method of transacting business. 3 Your Committee have also incorporated with a the Evidence, in order to make their Ileport as * complete as possible, the very able Minutes of the •, Native Minister, Air. Richmond, published in the - Sessional papers of 1858 and of the present Sess (iion, so far as they relate to Native affairs. 3" Your Committee have examined the Minister a for Native Ailairs, vir. Richmond; the Native •s Secretary, Mr. McLean; the Assistant Native ts Secretary, Mr. Smith; Mr. 0. O. Davis, late mee terpreter in the Native Office; and Mr. Fenton, " the late llesident Magistrate at Waikato; the » Bishop of New Zealand, Archdeacon Maunsell, w the Bey. B. Y. Ashwell (Church of England) ; an it instructive letter was received from the Ilev. Mr. :v \ Morgan (Church of England) who was personally d I unable- to attend; the", Rev. T.Buddie and the '& Rev. J. Hobbs, ;(Wesleyan.) The Eev. Father Garavcl (Roman Catholic) was requested to give i- evidence, but declined on Ecclesiastical ie grounds. Your Committee also examined Sir h William Martin, the late Chief Justice, whose n long experience and intimate acquaintance with rs Native affairs, entitle-? his opinion to peculiar

weight. Your Committee also examined Wiremu Maehe, Hoani Takurua, Te Whevo Ilaorehuka, Ruka Taurua, Key. Ileta Tarawhiti, Ueihana, Hone'Wetere, Mohi Te Rongomau, To Horohau, Reweti, Taneri, and Hopa, all Chiefs of some importance. At Mr. Fen ton's .suggestion, they examined Mr. Avmitage, a European settler on the Waikato ; and Waata Kukutai, one of the principal Chiefs of the tribes of the Waikato. At the instance of Mr. McLean they examined Tamati Ngapora, a very influential Chief, of excellent character, whose views are entitled to great consideration ; also Takerei Te llau, one of the principal Chiefs of Waikato ; and Captain Johnstone, Mr. Strauss, and Mr. Marshall, European settlors^ on the Waikato. Your Committee do not lay any stress on the evidence of these last three. Your Committee have not been able minutely to analyse the valuable mass of evidence thus col-

' Ice ted, but they have, unanimously arrived at tho 1 following conclusions :— They recognise as an undeniable fact, that ot recent years, a great movement (attributable to a variety "of causes) has been going on amongst tho Native people, having for its main object the establishment of some settled authority amongst themselves. This movement isnot, in theopinion ot Your Committee, a mere transitory agitation. It proceeds from sources deeply-seated, and is likely to be of a permanent and growing character. Upon the'proper direction of this movement, the peace and progress of the Colony for years to come will greatly depend. Though it does not appear to bo absolutely identical with what is termed the Kins movement, it has become, and is now so closely connected with it, that the two cannot be made' the subject of separate political treatment. The objects of a large section of the Natives were distinctly expressed at the great meeting atPaetai on, the 23rd April, 1857, at which the Governor was present, and at which it was understood by them that 1 1 i« Excellency promised to introduce amongst. them Institutions of law founded on the principle of self-government, analogous to British Institutions, and presided over by the British Government. •' I was present," says the Rev. Mr. Ashwell referring to that Meeting, " when Te Wharepu, Paehia, with Potatau, asked the Governor for a Magistrate, Laws, and Runangas which he assented to; and some of the Natives took off their hats and cried ' Hurrah.' " Such a movement need not have been the subject of alarm. One of its principal aims undoubtedly was to assert the distinct nationality of the Maori race, and another to establish, by their own efforts, some organization on which to base a system of law and order. These objects are not necessarily inconsistent with the recognition of the Queens supreme authority, or antagonistic to the European race or the progress of colonization. Accidental circumstances, it is true, might give, and probably have given, to it a new and more dangerous character: such, at present, appears to be its tendency but it would have been from the first and still would be unwise on that account to attempt to counteract it by positive resistance, and unsafe to leave it, by neglect and indifference, to follow its o\rn course without attempting to_ guide it. For these reasons, your Committee beg to de- j claro their entire concurrence in the views expres- i sed by the Governor in his Despatch to the Duke of Newcastle of the 9th May, 18-57, and in the Memorandum accompanying the same. | In this Despatch, His Excellency writes thus j with reference to tiie King movement and its true j character: — " It was, however, clear that they ' (the Natives) did not understand the term 'King' 'in the sense in which we use it ; but, although ' they certainly professed loyalty to the Queen, 1 attachment to my-self, and a desire for tho amal- < gation of the races, they did mean to main■'taiu separate nationality, and desired to have a ' Chief of their owji election, who should protect 1 them from every possible encroachment on their 4 rights, and uphold such of their customs as they ' were disinclined to relinquish. This was im'presscd upon me everywhere ; but only on one occasion, at Waipa, die] any one presume to speak 'of their intended King as a Sovereign having ' similar lvinkand power with her Majesty; aud this 4 speaker I cut short, leaving him in the midst of < his oration." In tho Memorandum accompanying this Despatch, his Excellency writes thus- ' The Governor approves the appointment of Mr. ' Fenton, and desires to urge on his Advisers the 1 importance of giving him instructions without ' delay. Tiie present moment is (as they observe) < a critical one ; and if theGovernmentdoes not take ' the lead .and direction of the Native movement into ' its own hands, the time will pasa when it will be 1 possible to do so. The subject in question is pro- ' bably much discussed at the meeting now going < on at Rangiriri, and will be so again at the more ' important one expected to take place at Mangere. ' The influence of oratory and perhaps evil counsel, 4 aided by the natural excitement of the Natives, ' may induce them to frame laws of their own 4at thc.->e meetings, and thus add to the present ' difficulty ; but they will probably refrain from ' doing so if they see that tiie Government is • actually doing what they wish. Mr. Fenton's ' able Minute, which tho 'Governor has perused '•with great satisfaction, confirms these views and 1 opinions, and enlarges on the danger of delay. 'The thanks of the Government expressed in < strong terms should be conveyed to Mr. Fenton for ' his zeal and ability, and the value of his infor--1 mation."

For the same reasons Your Committee must respectfully state their inability to concur in the views expressed by the Governor in his Despatch to the Duke of Newcastle of the 19 th August, 1858, in which he says:— "l have the honor to ' forward for your Lordship's informatienthe latest ' accounts which have reached me relative 1 to the so-called kingdom established in certain • Native districts, together with a report on the/ 'subject from the Native Secretary. These ' accounts are far from satisfactory, but I trust ' that time and absolute indifference and neglect ' on the part of the Government, will teach the • Natives the folly of proceedings undertaken only • at the promptings of vanity and instigated by ' disappointed advisers." On similar grounds Your Committee must express their absolute dissent from the Memorandum of the Native Secretary (Mr. McLean) accompanying the Governor's Despatch on the 27th September, 1857, in which he says: — The present ' movement on the part of the Waikato Tribe to 4 elect a King of their own, is not likely to be afc- ' tended with arty important or serious conscquen- ; ces, if the Government abstain from interfering 'in the matter. The course which I would re- ' commend for the adoption of the Government in ' reference to the King Question, is decidedly one ' of non-interference, unless the movement assume 'more of a hostile character asul tendency than it 1 does at present." The whole tenor of this Memorandum appears to overlook the importance of the King movement us an effort to obtain law and order, and in so fur to indicate an imperfect and unsound view of the movement itself, and an erroneous conception of the proper policy to be observed in reference to it. The view taken by Responsible Ministers in reference to the policy thus indicated, as expressed in their various official Memoranda and viinutes, appears to Your Committee to have been the sound one

The course " taken by His Excelloncy in 1557 under the advice of His Ministers, in introducing, or rather in encouraging, the adoption of Civil institutions by the Natives in the Waikato district was, they believe, a wise course. Tho selection of Mr. Fenton as a Resident Magistrate was in their opinion judicious. That gentleman appears to have been well qualified for the task, and to have possessed in a singular degree, in addition toother qualifications of a high order, the earnestness which is indispensable .for such a work. Subject to a remark which Your Committee hereafter make as regards the ounnission on his first circuil ' to visit the chief Potatau, his task seems to have been in all essential points executed with judgment. It was also attended on the whole with decided scccess. It no doubt contributed to stimulate the Native mind, and so to produce excitement, but not (so far as appears to Your Committee) of a dangerous or unhealthy character. No such work was ever done without similar effects. It doubtless tended also to produce a more distinct demarkation of parties. This would necessarily be thecasem any political countcr-niove-ment.But no choice seems to have been open between suffering the whole people to be absorbed into the King party, or attempting to gain them over to allegianco to British authority; an attempt to which some visible separation of parties was an nevitable incident. Your Committee have failed to discover that this separation of parlies was attended with any actual or threatened disturbance of public order. Your Committee have given duo weight to allegations intended to justify Mr. Fenton'a withdrawal, of want of discretion on his part in over-

looking the proper claims of Chiefs of high rank, and of over zeal in encouraging these party divisions. They do undoubtedly recognise as working in Mr. Fenton'a mind, and influencing in some degree his course of action, a disposition to rely, possibly overmuch, on the co-operation of the younger and more energetic men ; tho r&sult of which would tend to lessen the importance of the older Chiefs, and, unless counteracts! by careful management on the part of the Government, to excite their jciloimy. It has beon said that these younger men were wanting in stability of character, and could not be depended on. Your Committee however, do not understand that Mr. Fenton sought for his coadjutors amongst the mere youth, but from men of' sufficiently mature age and formed character upon whom reliance might reasonably be placed. Ono of them, Waata Kuku-' tai, a Chief of importance, who was examined before Your Committee, shewed great intelligence and earnestness of purpose. It must be remembered, that the older Chiefs are passing away.' Their real influence over their people, though sensibly diminished of late years, b still very great ; not, however, to the exclusion of other and popular influences. It would be the duty of Government to secure their cordial assent by all legitimate means of conciliation and deference to their tribal position ; and there seems little doubt that, under judicious management on the part of tho Government, their willing co-operation might be obtained. They are Knot, it is true willing to surrender their tribal (iujhority, or substantial power : but they seem disposed themseleys to hand over to younger 1 men of influence the active work, and to recognise what is an undeniable truth, that the social regeneration of the Maori race can only be effected by the agency of their rising men ; that class which in all, communities is really powerful for good or evil. But in forming a judgment as to Mr. Fcnton's proceedings, Your Committee cannot after careful examination perceive faults of the nature imputed to him, in any of his practical operations, after his | | work in the district had commenced. If in the j execution of a very difficult and delicate task faults of this kind had been committed, such a contingency lay in the very nature of the experiment. It demanded, therefore, on the part of the Government, whose agent he was, a watchful ob- | servation of his proceedings ; a constant readiness i on their part to supply counsel and instructions, framed in a spirit of hearty co-operation. With- ' out such conditions, it would be almost inevitable i that a single individual, unaided and uncontrolled, | would fall into occasional errors. To prevent and correct these would be, in the judgment of your Committee, the peculiar function of Government. At the time of Mr. Fen ton's withdrawal there had sprung up in the minds of some of the older and more influential chiefs, Potatau in particular, a feeling of jealousy, perhaps of dislike, towards Mr. Fenton in his magisterial capacity. A risk of this kind, as it appears to Your Committee, might have been anticipated from tho first. Prudent precautions on tiie part of the Government, and a very discreet course of action on the part of the Magistrate, might have removed or mitigated the objections of the older Chiefs. The Missionaries describe their own work as having been attended with similar difficulties : and to persuade the Native people to accept British law in lieu of their old customs, is in truth, a Missionary entcrprize. One circumstance lias been mentioned as having yousCvl Potatau's jealousy, namely, that when Mr. Fonton paid his first visit to the Waikato he omitted to call on Potatau. This gave offence to the old chief; and possibly contributed, with other causes, to estrange his sympathies from the Government. The omission was most unfortunate. To whom the blame is attributable, Your Committee do not pretend to say, whether to Mr. Fenton, the Native Minister, or the Native Department. But it is clear from the conversation between Mr. McLean and Potatau, stated in Mr. McLean's evidence, that tho influences working in that Chief's mind, and which induced him ultimately to accept the ostensible position of King, were of a deeper kind. Probably by tact and management his objections might have been removed; but Your Committcee do not think that these objections of themselves were a sufficient ground for the Government withdrawing the magistrate from the ■ district. The reasons which induced, them to adopt that course are entitled to tho utmost consideration. They are stated clearly in the evidence of Mr McLean and- M r. Smith, who thought that Mr. .Fen ton's proceedings w^re causing a j division among tho Waikato tribes, which tended to strengthen and consolidate the King party, and to produce such irritation as might have resulted in a collision. Your Committee hesitate in expressing an absolute opinion on the question whether, looking to all the circumstances, his withdrawal w.is judicious or not. It depends on facts on which the Government alone could have the means of forming a judgment. But Your Committee, with the light of 2 years' experience since that time before them, do not perceive sufficient reasons for suspending the work in which Mr. Fenton was engaged. Without in any degree mitigating the real causes of agitation in the . Native mind; his withdrawal disheartened a large and influential body of the Natives, especially in the Lower Waikato, including many influential Chiefs who had associated themselves with him, and were actively engaged on the side of tho Government. They were disappointed and humiliated at the sudden abandonment of their undertaking. _In the Maori phrase they felt linikungatia ; in plain English "humbugged." Many of them joined the King party, and this, amongst other causes, lias tended to irritate and give a more malign aspect to the King movement itself. The appointment of Mr. Turton, after a long interval, and subsequently of Mr. Halse, as Magistrates in the district, does not appear to have been attended with any marked result. These gentlemen were confined merely to performance of the Magisterial duties, to the entire exclusion of those nioro important functions which it was especially Mr. Fenton's mission to execute, the organisation of the Natives into a self-governing system, and their instruction in the elements of law.

One prominent objection urged by the Native Secretary, Mr. McLean, to Mr. Fenton's system is to that essential feature of it, the Runangas or popular assemblies of the Natives. Mr. McLean apprehends from them danger to the peace of the Colony and social mischief to the Natives; at least from their distinct organization and too frequent use. But, apart from all general theories on the subject, this sort of popular meeting is perfectly familiar to the Native mind ; is, in fact, an old Maori custom ; has been and is, at this time, in constant and universal use, though in irregular forms and sometimes turned to dangerous purposes. It is, besides, tho only mode by which an improved system of social institutions can bo introduced amongst tho Natives for their voluntary acceptance. Properly organized and placed under the control of Government, Your Committee believe that the llunanga would become a great instrument of civilization, a powerful means of securing order, and a machinery for facilitating the administration and disseminating the principles of law. Your Committee observe that towards the end ol' the year 1807, a change took placo .in departmental arrangements, by which Mr. Fen ton was removed from che control of Ministers and placed under the Native Secretary, between whom and Mr. Fen ton there was a want of that spirit of cordial co-operation, which alone could ensure the success of his proceedings. In fact, thcro does not appear to have been correspondence of any | kind from that time between Mr. Fenton and the Native office. As no fault has been attributed to Mr. Fenton, Your Committee feel themselves bound, as far as in them lies, to relieve him from any unfavourable inference which might be drawn from this circumstance. His immediate appointment as Assistant Law Officer, at a higher salary, is indirectly a testimony to this effect. But that most important defect in tho arrangements which have been in force of late years for the adminis-

tration of Native anVuM, baco.na-s glaringly ap. pu-o.it in tho oirc.i'intanaoa attending his removal j and the smspsnVion of his operations ; namely, the eutira want, of harmonious action between the Miuwfcry and tfie Djpartmant of tha Native j Sscratarv. The official minutes and memoranda, (amongst which, in particular, Your Committee direct attention to tho memorandum of the Native Secretary, recommending that Mr. Fonton should coiiline himself strictly to his magisterial duties, and tho mamoraa.luni of tho Colonial Secretary thereon,) exhibit, in a very striking light, not i only fundamental difference* of opinion on vital questions, but a state of inter-departiusntal conflict which would ba fatal to the success of any administrative plans for ameliorating the condition of the Natives. ■SSYour Committee do not think they have exceeded the proper limits of their enquiry, in directing their attention to the question of attempting, at the present tim 3, to re-iutroduca a system such its Mr. Fen ton's. They believe that _ the only solution of oar difficulties lies in meeting, directing, and effectuating the desire of the Natives for the establishment of law and order. The diffiI culties necessarily incidental to such a work 1 are, as Your Committee admit, great in themselves and are much increased, by existing circumstances. There may be even some I risk in the attempt. The impolicy of encouraging combinations, the risk of stirring up ill- blood and quarrels between parties or tribes, the diversion of tho Native mind into channels ofnnheaUhy excitement, and other arguments of a like character, are and will bo urged in defence ■of a policy of mere sedatives. In the opinion of Your Committee, they are not sufficient to counteract the opposite considerations already noticed. In urging tho necessity of providing some settled system of law and govermental authority amongst tho Natives, whenever and whereever practicable, Your committee desire emphatically to express their opinion, that what is wanted, is not merely to establish Magistrates to perform ordinary Magisterial duties, but " to prosecute vigorously and effectually the education and instruction of tho Natives, so as to fit and accustom them, under European guidance, to take pait in the administration of law, with a view to incorporate them into our own system of Civil Institutions, giving them the utmost possible share in the work of their own government- The preponderance of testimony adduced, leads to the opinion that any such attempt would be hopeless whilst the war at Taranaki is pending ; but that special difficulty would principally exist in the case of tribes actually involved in the war, and of tribes closely connected with them. It is said by some witnesses of authority (though Your Committee hesitate to express an opinion on the point) that in the Lower Waikato tho attempt might even now be made with success ; and if judiciously prosecuted, would be attended with beneficial results. • This question, however, depends so much on circumstances and considerations with which Your Committee cannot pretend to intimate acquaintance, that they can only recommend the matter to the serious consideration of the Government.

C. Hunter Brown, Chairman. House of Bepresentativcs, 3 1st October, 1800.