THE Wellington Independent. "NOTHING EXTENUATE; OR SET DOWN AUGHT IS MALICE." TUESDAY MORNING, 15th SEPTEMBER. CONFISCATION.

Wellington Independent, Volume XVIII, Issue 1957, 15 September 1863, Page 2

THE Wellington Independent. "NOTHING EXTENUATE; OR SET DOWN AUGHT IS MALICE." TUESDAY MORNING, 15th SEPTEMBER. CONFISCATION.

We notice tbat while a large force of Volunteer Militia is being raised in the Australian Colonies for the conquest and occupation of the Waikato country, that the question of the legality of confiscating tbe territory has been at tbe same time under discussion, and our contempoiary the Spectator has "devoted a long article to au exposition of the legal difficulties which environ tbe question. It is somewhat late in the day to start such objections, when already tbe first detachment of tbe men bave reached these shoies and many more are on their way. Already the Colony through tbe proclamations of Sir George Grey, is committed to this step, and faith must be kept with those men who are coming to belp us in our present strait. We are not about to follow our contemporary, througb the various assertions and arguments be has adopted, but rather prefer stating our own views on this importaut question. By the treaty of Waitangi the natives were guaranteed the full right and title to tbeir lands, on condition tbat they acknowledged the I sovereignty of tbe Queen, aud accorded to her or her representatives, the right of preemption, or sole right of purchase. More than a score of years have passed since then, and at last we generously determined to abolish tbe system by wbich tbe Crown stood alone in tbe position ot purchaser, and witb that object the " Native Lauds BiU" of last Session was passed. Had the natives chosen, they might bave become a wealthy race, because they had tbe fee simple given tbem of their lands, and they could sell to whom they pleased. But they did not adopt this course which involved submission to British law, but rather chose rebellion. By tbat rebellion they bave forfeited tbe rights guaranteed to them by the treaty of Waitaugi, and they must pay the costs tbe settlers shall incur in their itubjugation. It is needless to point out technical or legal difficulties at a time like the present, wben tbe weal of tbe Colony depends on carrying out this work. Tbe Sydney Empire puts tbe case very forcibly. It says : — ••What we are concerned with is this simple question — whether the Queen's authority is to be maintained and our countrymen protected in the possession of their lawful pioperty, or whether the colonists wbo have travelled so far, endured so much, and fought so bravely to make new homes for themselves, are to be murdered or expelled, and British rule made subservient to savage violence. We have now arrived at a stage in this business when the question of the occupation of New Zealaud by the Government of the United Kingdom no longer presses itself upon our attention. It is well known that there was a hard race between the English and the French for this possession and, if we may judge from the manner in which the natives of New Caledonia have been brought to reason by the military forces of France, it seems likely that short work would have been made of Maori rights if the tricolour bad preceded the Union Jack in New Zealand. But it is no longer a mere question of rivaliy between two great powers, though some of the interested supporters of the Maories wish to make it so. It is a struggle between some thousands of our own countrymen, with wives aud children depending for life upon success, on tbe one hand, and a warlike numerical majority of natives on tlie other, who*e avowed object is to repossess themselves, no matter by what means, of the land which the colonists have long since paid for, and upon tbe cultivation aud improvement of wbich many of them have expended years of toil and much hardly-earned money. There is, besides this, the integrity of British rule. The man who can oppose this double appeal for aid, must be a traitor to the Sovereign and a renegade from British feeling He must, moreover, be selfish in his instincts, and an alien from the best feelings of humanity. It is not as if the natives of New Zealand had been oppressed, or neglected by the Government." On tbe question of the legality of confiscation, and tbe probability of the Government fulfilling its promises to the volunteers of giving them grants of land, the Sydney Morning Herald argues :-■- --"The promise is tnade by the Queen's representative, Sir George Crey, acting in her name. It is of course not a question of conveyancing, but a political measure, and defensible on political grounds. The fee simple of all unsold land in New Zealand is in the hands of the Crown. The usufruct is with the natives in the Queen's peace. By rebellion that peace is broken. All the territory enjoyed by tbe natives hitherto is declared to be forfeited by their rebellion. Waikato is the seat of the insurrection. The Queen's right, therefore, over tbat territory is absolute The guarantees of the treaty of Waitangi are forfeited, and the discretion of the Crown in the disposal of the land is perfect. It is upon these principles that Sir George Grey promises the Waikato country to the Volunteers and others engaged in the war. It must be conquered first, and, if we assume that this is impossible, then the promise of land must fall to the ground ; but unquestionably the Crown is bound to make good the promise of Sir George Grey so far as may be consistent with the law and the practice of civilised Governments. It is probable that, when the New Zealand Legislature meets some measure will pass giving a more concise shape and form to these promises but lo suppose that tbey would be wantonly violated is to suppose that no faith can be reposed on the engagements of the Crown. We do not know that under all circumstances it is iucuuabeut to show what would be the effect ou the natives themselves of this confiscation of lam! ; but it is some satisfaction to know that there will remain land amply sufficient not only for tbeir present but their prospective wants. The territory in question is' great in extent, and comprehends very fine countty, now utterly useless. The military colonies— for such the new settlements will be —have advance posts ou the Waikato territory, but they will leave abundant room for the natives beyond tbe line at which tbe colony may be defended. We cannot suppose that the government will treat the natives wbo may survive this war with eny unnecessary rigour. VVe believe that never was there less disposition to press unduly upon the inferior race, oi to withhold all tbe advantages ofj perfect equality. It has beoome necessary for our sakes aud for theirs that they bhould be taught a lesson tbat will not require repetition, and when tbey

accept the proffer of reconciliation ihey will, oa doubt, find a mild and merciful construction of their unprovoked, but,*in this case not unnatural rebellion. The questions raised by our correspondents as to the Rood failh of Governor Grey and his present Miuistry can only admit of a general answer. It is a question of trust or no trust. Our readers bave as much opportunity of knowing what reliance may be placed on the promises of Sir George Grey and his Ministers as ourselves. We advise no man to venture who ■>. does not feel more than a mere sordid aspiration, and who cannot confide iv the promises j made so explicitly and solemuly. The New Zealand Gazette is the usual channel by which Government makes known its intentions, and I whatever doubt may exist there can be Bone as to the meaning of their promises. Wben the Assembly meets it will be required to decide on tbe measures necessary to legalise this scheme of confiscation. But in the meantime we are in the midst of the struggle and gladly welcome tbe coming help. mmmmmmmmmm^armm^m— mmmmmmmm