MR CROSBIE WARD'S PAMPHLET.

Wellington Independent, Volume XVIII, Issue 1892, 9 July 1863, Page 5

MR CROSBIE WARD'S PAMPHLET.

(second notice,) [From the Wellington Independent, July 4.] ! When Mr Ward succeeded in showiag that ! the Colony was neither theoretically, teehninically, nor legally responsible for the Native policy pursued by Governor Browne, he had a comparatively easy task to clear it from all moral complicity in bringing about the Tamnaki wai. He did not consider it necessary to go into any minute detail or ' to examine, any doubtful evidence on the subject. He tells Lord Lyttelton that the case of the colonists in this respect, as in the former, rests on broad facts and obvious inferences. He commences his argument thus,—" In the year 1853 (when the Constitution was introduced), the Maori tribes were perfectly peaceful throughout the colony. In 1860 the war began. All the progressive symptoms of disaffection, as well as its more immediate causes, are to be sought for during the intervening period. At the cud of the former year, Governor Sir George Grey left tbe colony. His policy towards the natives may be called distinctively one of conciliation, but was not unaccompanied by the operations of active government Resident Magistrates were' administering justice in native districts. Arms' and warlike stores were denied to the aborigines. Land purchase operations were con-' ducted with great caution. Maori land was offered to Government more freely than fan'ds' could be provided for the purchase. And the tribes were in a singular state of peace amongst themselves." That this was the case no one will have the hardihood to deny — no one will deny that during his old rule Sir George Grey accompanied his plans of conciliation- by the operations of active government. We know it is the fashion to ascribe Sir George Grey's former success solely to conciliation, but it is nevertheless true that he used his conciliation policy as the means whereby he might introduce the simple machinery of governineut that was at that lime required. His temporary successor did scarcely anything, he only partially adopted the legacy of conciliation, and wholly neglected that of promoting the means whereby law and order might be continued and strengthened. Acting Governor. Wynyard's policy was essentially one of non-interference. Circumstances materially contributed to this. During eighteen month's, he was merely " acting," and according to precedent only strove to keep things in a virgin state, so that for whatever policy the permanent governor might wish to adopt there would be an unembarrassed field. It was during this period that the seeds of the present native dissatisfactiou were first sown. When Governor Browne arrived it was painfully evident that much of the good, which Governor Grey had planted, was choked by the ill weeds subsequent neglect had caused to spring up. We quote Mr Ward s concise view of the matter —

"Before Governor Browne's time, serious difficulties bad arisen. Governor Grey's process of conciliation aucl government had been discontinued together. Hostilities had sprung j up between two parties of natives near Taranaki, and they had been dealt with after a new policy which may be distinctively called one of non-interference. One example among many may be quoted. Katatore quarrelled with Rawiri, killed him, and- was left to the vengeance of the murdered man's friend. (See below, p. 39). The two men were intimate with the Europeans, and justice might easily have been done. But it bad come to be deemed no part of the duty of the Government to do justice between native aud native. For the origin of this policy see Acting-Governor Wynyard's despatches, 2nd November, 1854, and' sth February,Xßss» [Papers, March, 1860,' %p t 58,

71]. This policy, and the departmental staff which transacted native affairs, were Governor Browne's inheritance. The amalgamation of the native governing department with that of land purchase, which took place in 1856, has been already mentioned- Government was less efficiently conducted and land purchases were less satisfactorily effected after this step. Promises of hospitals, schools, further payments out of the proceeds of land sales, and other advantages which had been made to natives when they ceded their land, were forgotten or disregarded. At the same time the restrictions on the disposal of arms and ammunition were relaxed. The natives became almost absolved from control. Dislike to a Government which appeared to them a rcere bargainer for their property, joined to a deeprooted jealousy of European advancement into their territory roused many to oppose any further cessioa of lands. At the same time the want of any governing and restraining power from without moved many thoughtful roen among them to attempt the constitution of some authority over themselves from within. The two objects harmonised, and were allied to a thoroughly natural desire for the independence of the race 1 . Though many who aimed at more practical objects were far from desiring to overthrow the Queen's nominal sovereignty within their borders, m&ny others of the ambitious and reckless classes urged on the agitation towards this end. The Land League first, and then the ' King' movement, were the result. This was the movement the treatment of which by the Government has been already, described. It was left alone, in the hope that it would die out, but it spread and grew and soon bore plentiful fruit. It was at this time, if at all, that the settlers could be charged with stirring up discontent among the natives, making Government difficult, ami so contributing to the coming outbreak. But it is remarkable that no feeling of hostility was ever manifested by the natives towards the colonists. The two races continued on the most friendly terms privately, and eren in .spite of exceptional though frequent annoyances from individual Maoris, which the law was unable to punish, the settlers in outlying districts remained guiltless of any misconduct. It cannot be maintained, therefore, for an instant, that the settlers irritated the natives and provoked them to a breach of the peaces" The story of the purchase of toe land at Wai tar a is next told; but we need scarcely notice the facts as they are already sufficiently well known. We will notice only the principle by which Mr Ward acquits the colonists from moral complicity in reference to the war that resulted. Mr Ward widely, as we think, refuses to enter upon the question which has ever since vexed political circles, and is even now doing so as much as ever — the right of Teira to the land in dispute. " With the nature of the investigation and the decision arrived at (he says) I have no concern, further than that the colonists, from the Ministry downwards, had nothing to say to it ; they could not control the officers of the department nor interfere in any way with their work. The decision was to be arrived at on the responsibility of the Imperial Government alone, and therefore the enquiry was left in the hands of its own officers. The investigation was completed by January 1860, and resulted in favour of Teira's claim,"

Now we come lo the kerne). The Governor knew, or at least had every reason to believe, that force would be necessary lo obtain possession. He was prepared to use that force, as the representative of the Queen, for the maintenance of one of the Queen's rights which he deemed to be jeopardised. So far as Governor Browne was concerned in this matter, the colonists were a secondary consideration ; indeed he ignored them altogether, until his plans were thoroughly resolved on. It was an Imperial question with which he considered they had nothing whatever to do, and he therefore formed his own determination as to the course he would pursue, and that course was to maintain the Queen's " right to deal with her own subjects without hindrance from anyone not having a legitimate interest in the transaction." We are not called upon to enquire here whether William King had or had not such a legitimate interest. We need not re-iterate our own opinion on this matter, noi' allude to the circumstances which have induced the present Executive to advise the abandonment of the purchase. It suffices all purposes to admit that, rightly or wrongly, Governor Browne deemed Teira to have a perfect title to the land he offered for sale. "The Governor then, (says Mr Ward) being satisfied of Teira's right, paid part of the purchase money and ordered a survey. Even at that time he so far expected opposition as to prepare for the display of force. It is most important to note that in this very first mention of force the Governor gives his reason for proposing to employ it. He says — ' Though always ready to consider every reasonable objection, I am not the less determined to enforce her Majesty's right to deal with her own subjects without hindrance from any one nat having a legitimate interest in the transaction.' The desirability of obtaining a good bit of land, which was a good reason amongst others for entering upon the ne. gotiation, was no reason, actual or professed, for the employment of force. Governor Browne henceforth stated his motive to be the assertion of her Majesty's authority. The bit of land might be the occasion, but it was not to be the cause of war."

Up to this point there cannot be a shadow of a doubt that every candid enquirer must acquit the colonists of moral complicity. Even supposing that the Colonists were unduly urgent in their request to the Governor for the par* chase of land, they had no power to influence, far less force, the Governor into a compliance with that request. Had the purchase of, land been a Colonial duty and not an Imperial one — or, (to make ourselves quite plain) had it uot been one of the matters which the Gorernor, with the sanction of the Imperial Government, had expressly and repeatedly refused to let the Responsible Executive have anything whatever to do with— then the colonists could have influenced the Governor as they willed ; but the matter being removed from the control of the colonists, the Governor, audthe Goremoralone, was morally as well as legally responsible for the course adopted. Governor Browne never shirked that responsibility. It is only justice to .say so. Before using force he did, however, consult bis Responsible Executive, and therein is the only fact on which a moral responsibility can by any possibility be fastened, or attempted to be fastened, on the Colony, Mr Ward. shows that any attempt to fix such a responsibility on the Colony cannot be sustained for a moment, "It is not necessary (he says) to explain the concurrence of the Ministry in this determination. The facts speak for themselves. The Governor had in his own person, a year previously, taken the first steps in the matter, fore* seeing the issue which had now come about.' He now took the opinion of his Council, as he was bound to do, and it agreed with his own. There is no doubt about what his own opinion had been all along; and there is as little doubt that had bis own opinion been otherwise, and had his Council' recommended this course, c mero motu, he would have been as little induced to give way to them as he had been on all former occasions. This was one of many instances, no doubt, of unanimity in opinion. In the present instance it was clearly arrived at by the acquiescence of the Ministry and not bj any yielding of the Governor. Whether the determination thus taken was the wisest possible, 01 an error of judgment on both sides, does not alter their relative positions in any degre*