THE Wellington Independent Thursday, August 7,1862. LAST NIGHT'S ASSEMBLY.

Wellington Independent, Volume XVII, Issue 1750, 7 August 1862, Page 2

THE Wellington Independent THURSDAY, AUGUST 7, 1862. LAST NIGHT'S ASSEMBLY.

The House of Representatives met at 5 p.ra. Mr. Domett would request leave to postpone his explanation from Thursday to Friday, in consequence of a despatch received from the Duke of Newcastle, affecting the question of responsibility , and the liability of the Colony for expenditure relative to Native government. He would move to morrow certain resolutions relative to Native responsibility.

Mr. Bell read the despatch above mentioned, which is of great length, approving the arrangements made by the Governor relative to Ministerial responsibility, pointing to a withdrawal of the troops sooner than the colony seemed to anticipate, and insisting on the coiony paying a much greater share of the war expenditure, &c, than it had previously offered to do.

Mr. R. Graham moved for papers in connection with the introduction of game, which after an explanation from Mr. Fox as to the reason for countermanding the order sent by the Stafford Ministry, — the want of an appropriation ; was agreed to, after a great deal of amusement had been occasioned by the history of the failure to import "bumble bees."

After Mr. Weld. Mr. Mantell. and Mr. Thompson made motions of no very general interest, Mr. Gillies obtained " a Select Committee to consider and report as to the expediency of introducing come more simple and less costly procedure for the trial of Civil cases of minor importance And also a Committee for considering the expediency of amending the law of Debtor and Creditor.

Mr. Stafford moved for a return of Justices of the Peace, appointed since 2nd July, 1861. fee.

Mr. Fitzgerald moved for leave to bring in a Bill intituled " An Act to provide for the nomination of Superintendents of Provinces by his Excellency the Governor and for vesting the powers of Superintendents in certain cases in Lieutenant or Deputy Governors. Agreed to, to be read a second time on Friday.

Mr. Stafford moved for copies of instructions to Civil Commissioners, &c. ; also a Return of the number of troops on which head money was paid to 30th June last.

On the motion cf Mr. Jollie, the Report of the Private Grievances Committee was discussed at great length, the House being disinclined to entertain private grievances without their being first referred to the Provinces interested. The present grievances related to lands in Auckland ; the report being finally adopted.

Native Resolutions,

Mr. Fitzgerald rose with much diffidence to express an opinion on Native affairs, it arose from the great responsibility that rested upon any one who in any way interfered with a Governmental policy. His resolutions, however, did not run counter to the policy of the Government but in the same direction. No man who had given his attention to the subject but must have found how Maori differ. One report contradicted another — one side of the House ridiculed the policy of the other, and the only conclusion that could be come to was that they were in a sad mess. Instead of contemplating local points in the Maori character, they must take a broad view of it as a part of humanity. He repudiated the idea that Maori scholars were necessarily Maori statesmen, but was glad to recognise a scholar like Mr Bell at the head of the Native Office. Statesmen could learn very readily the peculiar characteristics of the Maori, and when he contemplated those characteristics he knew of no savage race which could make such progress ina life-time. The Maori was a man of courageous and generous character. The Maori had a great intellectual character. He had seen papers written by Mao ries which would have done credit to the greatest diplomatist in the world. He would quote from Mr. Gorst— who he considered took about the lowest view of their character of all the report writers. Yet Mr. Gorst, who himself stands as a man of great intellectual rank, remarks of them thus : — " Of the acuteness and wisdom of these men, I feel bound to speak in the very highest terms. In all questions which I have heard discussed by them, they have argued with calmness and good temper, kept steadily to the point at issue, looked at the question from every side, and faced all its difficulties, and have usually come to a just decision. In their strongest opposition, they have never behaved with anything approaching to rudeness. It would he impossible to find a body of men with whom the Government could more advantageously consult upon the subject of laws and regulations for the Natives."

The Maoris were a justice-loving people. H had read of their being described as Algerin pirates, but could they be compared lo men who knowing they were setting all law at defiance, persisted in it for gain. Did not the Maories oppose us because they believed they were acting in the right. If in the late affray in Wanganui the white man had been killed, would we have

taken it as quietly as the maories had done, acknowledging that our countryman was wrong. The maories were perhaps a fickle and improvident people, but remembering his own countrymen's characteristics, (Irish) he must ask them to look on those faults with a lenient eye. The policy heretofore had been one that prevented amalgamation, the object of his resolutions was, to bring them together. He then took a lucid review of the action of the Colonist, the Missionary and the Government, in relation to the Native race. With reference to the relation between the Colonist and the Natives he came to the conclusion that the dis-union between them was an artificial one of our own making and should be removed by ourselves. With reference to the relation of the Missionary to the Native, he spoke strongly of the evil effect of the mistake which the Missionary had made in attempting to check the progress of colonization. But great as was the mistake ofthe Missionary, still greater was the mistake of the British Government in attempting to keep the races separate. That policy was a failure, and the natives would be swept away, if the Colonists did not step in to prevent it. Unfortunately there had hitherto been twogovernments in the colony, one for the colonists and the other for the natives, symbolising in the highest quarters the separation of the races Our land policy had tended to perpetuate the determination to keep the two races separate, setting apart distinct districts for each of them. He knew it would be said, as he himself used to say, that the lands of the Native would have been parted with for next to nothing, but he was now satisfied that that evil could have been mitigated. The legislation of 1858 was the first distinctly to [recognise] the vicious principle of law in one part of the colony, and law in another, based on the proprietary, of the soil; and in the new system about to be introduced the same principle was continued. He then reviewed the present condition of the Maori ; it was a state of decay. The civilization that had been going on had been checked, owing in a great degree to the late war. The reports on the table showed a state of decay, as if the hurricane of was had swept over the whole island. The natives were, however, in a state of retreat from civilization before the war, from various causes, such as the loss of power by the old chiefs — a loss that allowed the natives to fall into a state of political anarchy, because no institutions had been given them in its place. Another cause of decay was, that they had lost the arts of their old life before they had acquired the arts of civilization. He illustrated what he meant by contrasting the two following extracts from one of the Commismissioner's reports : —

" Noa says — "I am in favor of a raupo building, because I do not know how to build a wooden house; but I understand raupo work.'"

" Rawiri says — 'If I could find sawyers I would have a wooden house; what is the good of a raupo building? — it is always out of repair; besides, my people aye all young men, and don't know how to build raupo houses.' "

The Natives were like the chartists at home, wanting a something and not being able to get it. They were like a child of 10 years starving on the food which at 10 months fatted him. As an old Chief remarks, " they never would have wanted a King if they could have obtained law without." Mr. Richmond sneered at the desire of the Natives for a separate nationality ; but was it not the greatest proof of their want of law ? He was glad the Natives had set up a separate nationality; he was glad they had given this one great evidence of their growth in national life. The Native department shut their eyes to the yearning of the Maori for law. They looked upon it with contempt; they thought the mood would soon die out; but it was not a mood, it was a new-born instinct. They wanted a nationality ; he would say to them take our nationality. As regards the future, the House was under great obligations to the Fox Ministry, for reducing a paper scheme to one of practice. The present ministry were like the man in the Chinese proverb; "on the back of a tiger and couldn't get off." They must keep pace with the growing wants, and not fancy that the institutions fitted for to-day will satisfy, a few years hence. He saw in village runangas elements of evil and great annoyance to the government, better absorb them in native provinces with Native Superintendents The district runangas were closely allied to our own provincial system and he looked upon them with hope, but even they cannot have any weight without their law extended over the whole district, no matter who occupied the various portions of the land. The abstract majesty of the law is the grand idea to get into the minds of the natives to which native colonists, Governor and Queen must alike bow, but unless the new institutions were purified such would not be the case. It appeared to him that by recognising a claim of native ownership instead of taking possession by right of discovery , the Crown recognised that the native had a right to sell their land and that the Crown could get none of it without purchase. The title of the native had since been practically changing, he was pursuadod that none believed that Crown Grants would cover Ihe whole of the Northern Island, but he could not see why at this moment the Courts of law could not recognise the native title, why the courts should be fettered to recog nise only a fee simple. What was called "extinguishment of title" should be abandoned ; and the native should be taught to understand that as he sold part, the remainder would become of more value than the whole had been. When this was understood there would be no dearth of land -e compared the maori to the Irish land-lords, who were to poor to cultivate, and the encumbered estate court dealt with title in some such way as he thought the maori lands could be dealt with, and quoted a report of Mr. Bell's in favour j of the process, — a process which would not be in accordance with the Land Act introduced by the late government. The time has arrived when the purchasing under the old Land Purchase Department must cease, very little more could he hoped to be purchased under that system ; but if the proposal he made were carried out, in a very little time the market would soon be glutted. Referring to Taranaki, he considered that the colony was bound to see that the colonists obtained what they propoaed to give the Natives, If the settlers had had swords put into their hands and allowed to do as they pleased, they would have been in possession of millions of acres, and the Colony was bound to see that they were compensated for every farthing they had, lost, and restored to their lands, by a peaceful policy if possible, but within a specified date. He concluded by reviewing the future of the Maori, which he believed was that the Government must either gain the confidence of the Natives or destroy them. The price of confidence was free institutions— free as those which they themselves enjoyed, The resolutions he proposed contained a policy which admitting all to the same equality would give the confidence desired. If not tl.e present state of armed neutrality could not last but must end iv war, — the war of the tomb. In reply to those who said that we could not trust this race but must conquer, he would say. In the hands of men entirely great, The pen is mightier than the sword. Take away the sword —

States may be saved without it. The honorable gentleman concluded his two hours speech by a sublime peroration, to which it is impossible in the few lines to which we are limited to condense it. 1. That in the adoption of any policy or the passing of any laws affecting the Native race, this House will keep before it as its highest object, the entire amalgamation of all Her Majesty's subjects in New Zealand into one united people. 2. That this House will assent to no laws which do not recognise the right of all Her Majesty's subjects of whatever race within this Colony, to a full and equal enjoyment of civil and political privileges.

3, That a recognition of the foregoing principle will necessitate the personal aid of one or or more Native Chiefs in the administration of the Government of the Colony ; the presence of members of the Maori Nobility in the Legislative Council and a fair representation in this House, of a race which constitutes one third of the population of the Colony.

4. That the same principle ought to be respected in the constitution and jurisdiction of all Legislative bodies subordinate to the General Assembly, and of all Courts of law within this Colony.

5. That a respectful Address be presented to His Excellency the Governor, praying thai) 'lb Excellency will be pleased to cause" such steps to be taken, as he may be advised will bring the policy above indicated into operation with the least practicable delay. Mr. Bell had great difficulty in following the last speaker, especially as he spoke under the responsibilities of his newly acquired office. His consideration of those resolutions convinced him that they were identical in principle with the proposals for Native government made by the Governor. He fully concurred in the observations that put aside the supposition that there was any. thing that necessarly required a native scholar to understand the question of "Native government. All the misery of the. last twenty years, was to be traced to the administration of Native affairs under principles, bya department, and with ends, differ, ent to that which regulated European affairs. The same law of justice and right on which we ba?ed our own institutions, was the basis for the government of both races. William Thompson's letter in answer to Governor Browne's declaration was a strong corroboration of the natives power of diplomacy, and a great mistake had all along been committed in disbelieving what the natives said when they told us that which was unpleasant. That letter was an instance. We must now thoroughly understand that a large portion of .the natives distrust the intentions of the Government. If we could persuade them that we wanted to benefit them, and not merely ourselves— if we could get them to receive us now as they received us twenty years ago, the whole difficulty would be solved; but that was the difficulty— to meet which they would use every means in their power. The early founders of the colony foresaw that it was scarcely possible to prevent an antagonism springing up, <& hence the system of reserving lands in the midst of those selected by the Colonists j but such was not the course pursued by the Go^ vernment. The founders looked to the value of the reserves as the true equivalent ; but the Government recognized a different title by the treaty of Waitangi, and if we could recognise their title as proposed by Mr. Fitzgerald, much of the difficulty would be evercome. He was not aware of a single instance in which, where land had been justly purchased, the natives have repudiated the value of the policy of acting justly towards them with reopect to their territorial rights. He eombatted Mr. Fitzgerald's opinion of the legislation of 1858, tending to disunion — its object was the same fusion as that which the resolutions before them aimed at. as was shown by the memoranda of Mr. Richmond. The same law could not at once run over, the whole island , it required the same foundation, and the direction should be the same, but it might in some cases be special, just as. the law was in some cases special in Great Britain — different in Scotland to what it was in England. If the same law was insisted upon for both races, ifc would tend to disunion; they could not understand our laws, which required a special profession to understand them. They must therefore have special legislation and that legislation must come from the natives based on the authority given by the Assembly as the Governor's plan proposed to do, instead of direct legislation by the Assembly as Mr. Fitzgerald proposed to do. The latter would be the better course, but the former was the most practicable. There was no difference between the Legislation of 1858 and the proceedings of the Governor with reference to the Kaipara feud — the latter was simply allowing the Natives to form a court to settle their land differences. Mr. Bell then defended the Governor's Native proposals from the charge of being constitutional to be broken when tired with, by a full disquisition on the Natives in their capacities of tribes, hapus, &c., with a view to show therefrom that the objections of Mr. Fitzgerald could not be maintained. Admitting that two different modes of dealing with the land existed as between themselves and the Crown, he acknowledged the fault was our own, for we had first puzzled the Natives, and then puzzled ourselves. The King Native was intended now to act as a bar to colonization. He could not say it was a blameable feature, it was a desire to save their remaining patrimony, and he could not suppose with Mr. Fitzgerald that millions of acres would be in the market by auy alteration in the land tenure. If we gained their confidence land would be sold, oidy that day news had been received irom Auckland of large quantities having been off9red. Mr. Bell concluded by expressing the earnest desire of the Government to- cany out the principles of the Resolutions as a #hole. They would advisd the Governor to adopt the resolutions, but it rested with his Excellency to put them into operation when he thought fit. Mr. Moorhouse rejoiced at the prospect before the native race which these resolutions opened up. He could not agree with Mr. Bell that these resolutions were in accordance wiih His Excellency's proposals. His (Mr. Moorhouse) plan for the natives was —

1. To pass an Act authorising the preparation of a doomsday book. 2. To establish a Conrt for administering the law tempered to each particular case. The - Judge to be a high minded English gentleman who would suit his judgment to tiie speoial equity of the offence.

3. To divide the Native districts into Provincial Councils, subject to the Constitutional powers , and restrictions of our Councils ; but before this could be done, Native title must be individualized, for the purpose of the franchise. Coupled with' these Statutes, it ought to go forth that henceforth the Government will buy ho more land ; let thenatives sell it to whom they please and for what they please. Mr. Fox, at 12 o'clock, moved the adjournment of the debate and House until 5 o'clock to-morrow, instead of 12, in order that opportunity might be afforded for attendance at the funeral of Mrs. Rhodes. A discussion arose on the adjournment, when Major Richardson said that he should move an amendment to-morrow, whereon the debate was at once adjourned. The following are the Despatch and Resolutions above referred to.