ENFORCEMENT OF THE LAW.

Wellington Independent, Volume XVII, Issue 1838, 5 March 1863, Page 3

ENFORCEMENT OF THE LAW.

Which Mr Domett is endeavoring to evoke a volunteer spirit amongst the settlers, by nirering on the one hand a few additional inducements to enter that branch of the service, and'hohling out on the other a tolerably distinct threat of compulsory enrollment in the Militia; the sottleis of Hawke's Bay have reminded him of the existence of a certain mcasuie passed at the close of last session, for the piupose of raising an Armed Constabulary Force for the internal defence of the Colony. The Hawlies Bay Herald of the 11th inst, says,—

The lawloßS acts which have been, from time t°. lime, committed within this province by bands o 1 natives, have done much to retard its prosperity! by impairing confidence in the security of life and property, and, as a consequence, by keeping away men of capital. We need not enumerate these, for our readers are pretty familiar with the cases of forcibly taking possession of sheep and cattle for alleged claims of grass rent, and with other acts of violence that have been committed, a& well as with the utter contempt with which the summons of a Magistrate has usually been treated ; and the utter inutility of that functionary making any attempt to enforce the decisions of his court. The law, in point of fact, has been laughed at by the native population — except in those cases where it suited their own purposes to recognise it This consideration, combined with the belief which now gains ground that the troops, or the greater part of them, will shortly be recalled to England, induced several of the llawke's Bay settlors, who happened to be together, in Auckland lately, to bring before the notice of the Governor and his ministers the mischievous — possibly disastrous—effect of a continuance of thisstate of things, | and to solicit aid by means of an armed police force, I to be organised under the provisions of the " Colonial Defence Act, 1802.

This Act, we may observe, provides for the sum of JG30.000 per annum being appropriated towards the maintenance of an armed force, not to exceed 500 in number. This force may consist either of Europeans or natives, and is intended to be officered and organised by the Governor. Recruits are required to take the oath of allegiance, and to remain in the force for a certain term, not to exceed three years. The Governor is empowered at his discretion to draw out such force for actual service, and it is subject to the Mutiny Act and the articles of war.

The settlers to whom wo have referred — numbering, with others, Messrs McLean, Williams, Gollan, and J. A. Smith, asked that 50 out of the COO men thus proposed to be raised should be allotted to this province. They did so in the belief that 60 mounted well disciplined and active men, ably officered, would prove effectual in arresting any offender against the law, European or native, and in putting a stop to all such outrages as those which the settlers have so long laboured under. Sir George and his ministers quit© acquiesed in this view ; and although a difficulty aa to funds was raised at the last moment, it is believed that the suggestion will be carried out, and that without unnecessary delay.

When this Act was passed last session, we remember that the Chief Secretary, Mr Domett, said it was not iu tended during the first year, to raise a force of more than 200 men, and that no special vote was required for it, as a sufficient sum could be obtained from the estimates at that time granted : thus obviating the necessity of asking more money then. Nothing has hitherto been done to carry this measure into practical effect, but now that indications are given of a desire to do so, it may be well to derote a little consideration to the subject.

The policy of Sir George Grey, has hitherto been to use every effort to inspire the Native race with confidence in us, to make the Maori an agent in his own moral elevation, and by means of the new institutions, to iuculcate a desiie for law and order. The late Ministry from prestige and past experience were admirably fitted to ensure the trial of that policy under conditions most favorable to success, and doubtless had they remained in office, vested with power as his Excellency's responsible advisers, the native difficulty, would ere this have assumed a different and more favorable phase. The " new institutions," would not ouly have been more universally adopted than they now are, but the spirit of respect for, and submission to the law, thus instilled into the mind of the Native race, would have rendered its enforcement against the refractory, a tnsk attended with less difficulty and danger. Despite those drawbacks, Sir George Grey, single-handed, has already done much, and when we tind him proposing to establish a police force, in a district where as yet the warrant of the European Magistrate is often disregarded, it augurs well for the confidence he reposes in the ultimate success of his plaus. "Restore confidence," "introduce the machinery of the law," and " enforce its edicts," have been his inottos ; the first and second have already been partially acted on,— the last he is about to try.

The employment of a police force, " the last connecting link between the sovereign and the subject," has been hitherto the one thing wanting. Mr Gorst in his able report on the Upper and Lower Waikato Districts, brought out this with startling distinctness. But he did more ; he asked, '* who would dare to organise and use such a power?" That was more than a year ago, and the change amongst the Natives since then has been favorable. The King Movement has become of less importance — the Natives, ever fickle in character, have waxed cold in their pursuit of a phantom nationality, and with the exception of a sullen spirit of opposition, and distrust about their lands, scarcely evince the same degree of hostility as before.

Has the time then co.ne, when the law can be enforced without danger of retaliation t We trust and believe that it has, at least in all our settlements, except Taranaki and the Waikato, It is very possible that the disregard and contempt shown for the decision of the Magistrate, on the part of the Natives, proceeds not so much from antagonism to the law itself, us from a knowledge that the machinery to compel obedience is wauling; If that machinery existed, obedience would probably follow, and the spectacle of impartial justice meted out alike to Native and European, would daily strengthen our influence and position. This is a step that must sooner or later be taken ; but it is doubtful if the provisions of Mr Domett's Bill, are sufficiently comprehensive to admit of the experiment being fairly tried. If commenced at all, i| should be carried out thoroughly. It will never do to attempt the prosecution of such a plan, in a half hearted spirit ; that would be to betray pussilanimity, than which nothing would be more likely to nullity the good already accomplished, und hamper our efforts in the future.