MINISTERIAL POLICY—HIGHLY IMPORTANT STATEMENTS.

Wellington Independent, Volume XVIII, Issue 1982, 12 November 1863, Page 6

MINISTERIAL POLICY — HIGHLY IMPORTANT STATEMENTS.

The previous reports have been taken from the Southern Cross, the following most important speech from Mr Fox on Tuesday the 3rd November, is from the New Zealander. It will be read with the greatest avidity :—

Mr. FOX : Sir. by permission of tho House, I will take this opportunity of making- a statement with respect to Ministerial policy, which I promised on the occasion of our last sitting. In so doing, I shall confine myself to as narrow limits as possible ; because I am satisfied that the House will not expect any large development of a policy at the hands of the Ministry, and because 1 wish, in practice, to set an example of the course we intend to adopt in this House— that of being men of action and not men of words. The (irsfc point upon which the House will be anxious to know what arc the sentiments of the Ministry, will be with reference to the suppression of the rebellion now raging in the Waikato and Taranaki. On that subject, I can only say that it will be the earnest endeavor of the present Ministry, by every means in the power of the Colony — by men and by money — to assist his Excellency the Governor in suppressing that rebellion. In so doing, we shall continue to carry oat those arrangements entered into by our predecessors, for the maintenance of the largest possible civilian forces that can be constituted, and for employing them to the utmost extent in aid of the Imperial troops. The Colony at this present moment— as will be gathered from a paper laid on the table by my hon. friend the Minister for Colonial Defence actually provides a force in the Northern Island, amounting to 9629 civilians/all of whom are not actually in the field, but all of whom are well armed and under training, and in a position to be called out at a moment's notice, if their services are required. This force is thus distributed: — In Auckland there are ft.9-17 men, including the \Vaikato Volunteers under the command of Col. Pitt; iv Wellington, including Wanganui, 1768 men armed, leaving a balance of a k\v hundreds more, who are not, I believe, yet armed and trained, but who will bo speedily so ; in Taranaki, the whole of the male population, numbering 819 • in Hawke's Bay, also, the whole of the male population, about 750, and the Colonial Defence Force which has been enlisted in the Australian and these colonies, and numbers 375 men, chiefly mounted. The colony has also provided in aid of H.M.s forces, 3 steam vessels — the Pioneer, an iron-clad vessel, especially built for the navigation of the Waikato waters ; the Avon, a smaller vessel, and the Sandfly. lately known as the Tasmanian Maid, a paddle steamer of considerable power for the purpose for which she is needed. Such are our present contributions to the defence of the country ; and it will be the object of the Ministry not only to maintain them in a state of the greatest possible efficiency, but also to add to them from time to time, by considerable increases to the number of men engaged by the introduction of military volunteers and immigrants from the parent country, and in other ways to which I will presently refer, to assist in the defence of tho country. I may mention the number of the Queen's troops with which these civilian forces will have to co-operate. There are now in the Colony close upon, if not quite, 7000 soldiers: and 3000 more are expected very shortly to arrive, making a total of Queen's troops of 10,000 men. In addition, there are four large ships of war in our waters, each with her full complement of men, and a small gunboat which is maintained by the Commissariat Department on the Manukau. It is to be trusted that with these va3t forces at our disposal, ready to suppress rebellion in every part of the island where it may break out, the duration of the present calamitous state of affairs will not be long. I trust that when the present amount of the forces in the colony, and arriving, is known through authentic sources — when it is made known to the natives on an announcement from one of His Excellency's Ministers—that it will have a very great effect in subduing the violent passions of the natives now in rebellion, and will operate as a check on any probability of further rebellion. I trust, moreover, that this statement will be a guarantee to the Home Government, that this Colony ia prepared to do that which at one time the Home Government supposed that we were not to do — to use our eery best exertions in putting down rebellion. I was exceedingly glad to learn on my arrival in Auckland, that the late Government had not found it necessary, in the suppression of the rebellion, to resort to that practice, so obnoxious to every lover of constitutional liberty — the establishment of martial law ; ! a practice which of any is of very doubtful validity, and which has, when resorted to. to be supplej mented by an Act of Indemnity passed either by the Colonial Legislature or the Supreme Parliament. But although this course has been re. sorted to, entailing as it does so many fearful consequences on the civilian forces over which it is extended, there are a great many cases that will arise in the attempt to suppress a great rebellion, in which the ordinary machinery of law is found to be too tardy, or which cannot bo reached by ordinary enactments, with, respect to which cases it was most necessary that there should be a suppressive punishment applied ; and to enable the Government to reach thosa cases it is the Government's intention to propose f o this House an Act of which I have given notice to move the first reading, called , " An . Act for the suppression of the rebellion which unhappily exists in this Colony, and for the protection of the persons ani property of Her Majesty's loyal subjects within the same," The material difference between this Act and the ordinary operation of of Martial Law, is this — that martial law is proclaimed over a whole district, aud suspends the operation of the ordinary legal tribunal between man and man— on the principle that when arms prevail the law is silent; every civilian in the district is brought under its operation ; the whole community, in fact, ig involved in the consequences of the breach of a law which has no written code, and tho principles of which are in no way settled ; while the proposal that we make will enable the Government, without extending Martial Law to the whole of a district — without involving in its consequences any person who is not engaged in rebellion or in aiding rebels — to deal with that large class of cases to which as I have said, the common law is not applicable. The measure will, in short, be perfectly free from all those consequences which have rendered, and justly rendered, the ordinary operation of Martial Law ao obnoxious. It will be on the model of a Law of the Imperial Parliament, passed in 1833, when the principles of liberty were well established, and when there was no disturbance to make it likely that advantage would be taken of circumstances to make its provisions oppressive. We are iq the hope that the day will come when by the exhibition, or by the use of these large military forces, and by the legal means which the House may think proper to place at the disposal of the Government, this rebellion will be suppressed, and then comes the question, •• How and when are the Government of this country prepared to make peace ?" We are not prepared to make peace at all. (Hear, hear.) This is not a war w* we waging—it » in an insurrection ; and

when that insurrection ceases, we shall cease in our efforts to put it down, but not before. (Hear hear.) 1 have always considered it to b. 3 one of the most fatal errors committed in reference to the Taranaki war, that the natives were treated in the public documents, not as subjects in rebellion, but as enemies — a position in which they could not legally stand, and which must necessarily involve any Government in the greatest amount of difficulty in adjusting the subject of dispute, — because, if you admit that the natives aro in a position to be enemies, you admit at once that, they have belligerent rights which, by the Law of Nations, are granted to enemies, and you accept all the consequences attached: I hereto. Now, we admit no such consequences. There was no peace made in Scotland in 1715, or in 1745; there was none in Ireland in 1793; there was none made in Canada ; nor in England I after the Newport riots ; nor will it be necessary for us now to make any peace with the natives. Our business is to enforce obedience to the law; and if any Maories or tribe of Maories wishes to be restored to peaceful relations with the Government, it must be done through, and only through submission to the law. (Hear, hear.) That°is simply the position in which wo wish to place the whole of our operations in reference to the suppression of the reb ;llion. Until submission to the law comes there is nothing for us to do but to suppress the rebellion. But. sir, the cessation of hostilities is not the sole object. We must go further than this. We must take some substantial guarantee for the future security of the country — for the maintenance of peace and obedience of the law : something that shall render it not only unlikely, but undesirable, and almost in short physically impossible, that the natives should again rebel, (Hear, hear.) We shall not endeavor to secure this end by any sanguinary law or cruel punishments. No natives will be blown away from the muzzles of our guns ; we shall not, because we are fighting an uncivilized enemy, adopt any of their uncivilized practices; l>Ht we shall endeavor to take from them such substantial guarantees as to render it impossible for them again to place themselves in such a position towards us. The policy we shall adopt is mainly that which will be found developed in a memorandum by the late Ministry, which was forwarded to the Home Government by his Excellency on the 21st July, and in which a scheme is developed for the military defence of this colony. I do not allude to a memorandum which has seen the light within the last few days and which, I am informed was not a memorandum of the late Ministry, nor approved of by them. I wish the House to mark that distinction. The policy which the Government will adopt in reference to the establishment of military settlements in this island will be that which is developed in the document of the 31st July last. It will consist in^tho establishment of villages, held upon a certain description of military tenure, armed and prepared to defend themselves, in various parts of the country, and planted in such positions as the Government may consider most desirable for meeting its military emergencies. There are about 3000 military volunteers who have been already introduced, and satisfactorily introduced, —I may say — well selected apparently — who are now on the frontier and engaged in its defence. It is the intention of the Government to enlist a further number of *2,000 bringing up the total number to 5,0 >0 or 6,000 ; and it is further intended to undertake, from the parent country, the immigration of, say 15,000 men more, and to locate them in a similar way, they being agricultural or other laborers, as far as such could be selected, and introduced under something of the militia or volunteer principle. Thus, there will be located, in Auckland and Taranaki, or in such parts in which rebellion may exist, a population of at least 20,000 souls, all armed. These operations, sir, will for the present at least, and as a principle throughout, be strictly and exclusively confined to those parts of the Northern Island in which rebellion exists. No attempt will be made to extend this system to any part of these Islands in which the natives have maintained peace — in which they have obeyed the law— in which there exists, and may continue friendly relations between them, the people, and the Government. If any immigration into Provinces in which rebellion does not exist, should be found necessary for purposes of defence, or for any other purposes which may be justifiable, it will not be done until after full consultation with the Provincial Governments — with their concurrence, and, probably, with their aid ; and in all Bucli districts the utmost care will betaken to adhere to the strictest principles of justice in all our transactions. Not one acre of land will be taken in those districts for the purposa of establishing thereon any village or population whatever ; every i acre there taken will be fairly bought from the natives, from the Government, or from the person to^ whom it might belong ; but, in all those districts where rebellion has existed — where the natives have been in actual arms against the Government there the Government propose, by an Act ot this House, to enable the Governor to take lands of all such tribes as have been in rebellion : firstly, for the purpose of establishing such a population thereupon as I havu described, and, a further portion to enable us to meet the expenses of the war. As «regards that portion of the native population which has continued to obey the law of the country, and which has not engaged in rebellion, every attempt will be made, as has been made hitherto, to raise them to an equalily with the European race, and to confer upon them the opportunity of 9xerci6ing all those privileges to which, under the Constitution Act, they in common with the European population have a right. I have no doubt that the House will be as liberal as it ever has been, in furnishing means for the establishment of institutions for the civilisation of the natives , but our attempt will be to bring the two races under one law— to make them one community — and to let the natives feel that they are no longer a separate people, looking to a head of its own, but that all are subject, the white man and the Maori alike, to one law and one syßtem. No attempt will be made to remove them or to separate them from the European colonists ; but the object will be, as it was in the earliest attempt made in the south of this island, to mix the natives with the Europeans, in order that they may derive all the advantages they can derive, from such an intermixture. Nothing can be so injurious, nothing [ so fatal to the natives, as an attempt to drive them [ beyond a certain barrier — to separate them from civilisation; rather than that, the attempt will be made to mix them with the Europeans, in order that they may become civilised. I find that I have omitted one point in reference to the suppression of the rebellion, and it is an important point. It is this— that in districts where the natives have been in rebellion, or are now in rebellion, the Government would requite before it would consider that rebellion to be surpressed, that they should give up their arms. (Hear, hear.) I believe, and I think most of ua believe, that one of the most fertile sources of rebellion —the one from which the natives derive the greatest encouragement to try their strength against us has been the unfortunate fact that, over a series of years they had been accumulating an immense amount of arms and ammunition ; but for this I do not believe they would have dared to try their strength with us ; and I do not believe that there will be any security in districts where Europeans are to be settled amongst the natives — at all events for a time, while the recollection of the war is strong, and the feelings of revenge are without control— except in the disarming of those natives. (Hear, hear.) I now come to the financial means by which we propose to carry out this system ; but I will not go into details with reference to this point, because my honorable colleague the Colonial Treasurer will on Monday or Tuesday next I believe, be prepared to do so at length,— to itate what

measures it will be necessary for the House to j pass, and to give the details appertaining to that I branch of the subject. I will just simply state j that as the expense invovled in these plans for the \ military defence of the colony, which is absolutely j xmavoidable — and of the assisted immigration, ' which I think is equally unavoidable — will be far ! beyond the ordinary annual resources of the j colony— quite beyond what it is in the power of the colony to pay out of revenue— it will be absolutely necessary to raise a considerable amount by loan. We propose to pay off that, loan, in whole or in part, by the sale of the whole or part j of the land now in the hands of the rebellious na- j tives. A sufficient portion of land will be taken to defray the cost to which we are put in sup pressing the rebellion This is a principle, not only in accordance with every fueling of justice, but also. I am glad to state, in accordance with the custom of th? natives themselves. They have always been in the habit of considering that a conquered people surrendered their land. There is nothing abhorrent to their ideas, or to any principle of justice, in the decision that they: should bear the greater part of the expense in I which they have involved us by their conduct, j If the portion of the Linda available for that pur- I pose should not prove sufficient to extinguish the ■whole of that loan, then we lay it down as an absolute principle, that the balance shall be allocated between the different provinces which have derived direct and permanent advantage from that expenditure. Ido not say that, as applying to the pay of the militia, which is an advantage which is evanescent ; but I bat the cost of making roads, the establishment of population, and other objects which would remain permanently of advantage to particular localities, will, if the lands taken are not sufficient to cover it, be specially allocated to the particular Province benefitted. It is with reference to the branch of the subject as to which I have been recently explaining the views of the Government, that of military colonisation, that it will be my duty to-morrow to move the introduction of a Bill to enable the Governor to establish settlements for colonisation in the Northern Island of N"e\v Zealand. There is one matter which we. shall have to settle this session, and 1 think the House will be neatly unanimous upon it — that is, the question of the responsibility of the Government in native affairs. We appear to have got into a rather peculiar position in reference to this matter — one which. I am sorry to say, appears to be eminently unsatisfactory to the Imperial Government) as it was, indeed, to many members of this House in previous sessions, if not nt the present time. The first occasion, to the best of my recollection, when this House positively put forward any demand that the administration of native affairs should be subject to the ordinary regime of responsible Government, occurred towards the close of the session of lSol ; when, in the course of a long debate upon the salaries of the Sub-Commis-sioners of the Waste Lands Department, a resolution was moved by the honorable member for Wallace, Mr Dillon Bell to this effect: —

" That every reconstruction of the Land Purchase Department on a satisfactory basis, necessarily involves also an entire re-organisation of the political branch Of that service ; and that no such re-organisation will be effectual or satisfactory to tho country which does not, while fully recognising and securing to the Government both the initiative and the decision where Imperial interests are involved, place tho conduct of the ordinary business of native administration under responsibility to the Assembly."

Although the special occasion was the voting of certain salaries, there is no doubt that the words and the intention of the resolution did embrace the whole question—that it was intended that the principle should be asserted of responsible Government in native affairs. (" Hear, hear," from Mr Bell). One other incident I may mention which occurred at the same time, i" remember the hon. member for Nelson, Mr Stafford, rising in his place, when it was intimated that Sir George Grey had been appointed, and there was, I believe, some suspicion that his Excellency would bring with him the powers of a dictator, and might, if he pleased to suspend the Constitution Act, practically do so in reference to native affairs. I remember the hon. member (Mr Stafford) asked me then whether it was the intention of the newly formed Government to accept anything less than tbe control which it had of the power of advice, if not of compulsory advice, in respect to native affairs. I intimated that the Government had no such intention. That question was followed by the resolution ; and shortly afterwards wo laid before his Excellency a document in which we simply stated the evils that existed, and had long existed, from the divided responsibility of the Government in reference to native matteis. We did not absolutely request him to take any step, virtually, or in any way ; but his Excellency did, upon the receipt of that document, at once wiite to the Home Government stating that he had established those relations with his responsible advisers, which were intimated as necessary by the House in 1861, and I which were evidently pointed to in the memorandum from the Government. The Native Secretary's office was then swept on one side, the assistant secretary becoming a subordinate officer of the Native Aliniater; and practically, to all intents and purposes, until the next meeting of the Assembly, rsponsible Government in Native Affairs was acted on. But at the next meeting of the Assembly whether it was one of those in° stances he could not call it of temporary insanity, but would say of temporary hallucination of the House, induced it to merge its usual wisdom—whether from motives of prudence or economy, or from a chivalrous generosity that led honourabla members to desire that His Excellency should have tho power himself to settle the great task he had taken in hand— the House did then recede from the position which it had taken up, and did disclaim ita desire for responsible government as concerned the natives for the time. Tlie Dukes of Newcastle appears to have been, in some degree, puzzled by the action taken by tho House in this matter; "although he was not apparently in any difficulty as to the course which he would take. Hia Grace addressed to His Excellency a despatch, from which the following is an extract .—"The Colonists having consistently claimed from the Home Government, by the different methods in which it was possible to make such a claim, that it should cease to manage native affairs, and (what is still more important) having refused to render that management possible, which under responsible government was, at any rate, most difficult, the Home Government has resigned that function. This relinquishment does not require the assent of the colonists to make it effectual. It is completed by the act of the Home Government whioh (in conformity with requests which it is now too late to recall), no longer requires of you to take personal charge of the Native Secretary's department. If you resume or retain the personal control of that department, it will not'be in obedience to instructions from home, but either at the request of the responsible ministers, or under some pressing necessity occasioned by their action or inaction, and for the consequences of which, therefore, the Home Government are not responsible."

I wiU not say, sir, that after the transmission of that d«*patcn Uy the Duke of Newcastle, there is no choice for the colony whether it shall assume the responsibility for native affairs, although certainly, his Grace appears to think that he has placed us in that position; bat I will say this—that the present Government feels, and I have no doubt the House feels, that whatever may have bsea the past views of the colony in reference to that question, the time has now arrived when the f Come Government have, in the most liberal manner, placed enormous resources at the disposal of the Colony, which will enable it to bear that burden of responsibility which it is sought to place upon it,— that the time has now •rrived when, with perfect safety to all its interests, with perfieetjuetice, rad with general unanimity,

nud with advantage to '.he interests of both races, it could assume the responsibility of the administration of native affairs. I shall have, on a future occasion to move a series of resolutions by which the IToune, if it thinks proper, will adopt that principle ; anil I trust, sir, that the resul; — if the House will do 80 — of its frnnldy adopting the position pointed out by the Duke of Newcastle — of the very liberal expenditure to which it has niready gone, and of the still more liberal expenditure in which Than: no doubt it is prepared to involve itself, in pecuniary considerations to meet this crisis — I do hope}- that the resu'tof t ie sacrifices so made to the colony, and its readiness to co-opernte with the Home Government, will lend to a restoration of that cordial, friendly, and paternal feeling which ought to exist and which 1 tun sure nil honorable members will desire to s?ee existing, between the Ooloniid and Imperial Governments. The present Government wi'l lose uo opportunity of fostering feelings of that description; an 1 I trust that before lonsr such relations will be established as will eradicate every trace of that feeling of irritation which does undoubtedly ccist at the present time, ''"'here is one other subject in reference to the Northern Island to which L must a'.hiJe — that of the Taranaki compensation. The

Government feels itself in eormide-able difficulty with reference to tilts stilijfict. The terms in which the Aol of Instsession wore <lravvn up were such as to lea'] the late Attorney-Geni-iiv', mid also the present Attornoy-Geuer.il. to ill-: inevitable conclusion, 1 in which, I must <!'»:ifd<s. I fa'iy conour — that the sum of ,£200,000 vised for compensation could not be expended in simply compensating the settlers for the heavy losses ih^y lt.nl suffered, hut that the Government were hound to exn-nd it in thut way I which the Act prescribed — for tlie |>ermau<mt reinstatement of the prov. nee of T:tiannki. The present Government feels itself Iv.r.iud by that Act, and us terms ; and it cannot do more nt present, therefore, than continue to appropri.vc, for ihe benefit of ti e Taranaki settlers, the interest of a sum equivalent to that which ivmnins u'lexpendcl, as the balance of the .£2OO UOD Tii.it we will do, making it, for the present, tit all events, a charge upon the General Government —paying ihe interest at which the money could b^ 1 raised in ihe London market, out of the general fu.ida. If the House wishes to do so, the time has now arrived when, it- can alter the stringent terms of time Act. If th? Mouse thinks proper at once to hand ove>* ihe £2(10,00') in the shape of direct coinyonsiuioi to the sufferers, it is a matter with which the Government has little or no concern. i>209,G00 has been voted and set on one side as a fund for Taranaki, and the precise manner iii which it shall be expended is a m.itter of little concern to the country, and none to the Government, who will be prepared to curry out whatever principle the Rouse may affirm. The subject may be dealt with, aud perhaps the Taranaki volunteers will confer amongst themselves and with the Govern, mentwith respect to it In reference to the Middle Island, sir, the Government is well aware thatosving to the pressure of circumstances in the present crisis of the Northern Island, the departmental wants of the Middle Island must ueossarily have been neglected. Every attempt was made by the late, and by the previous Government, to lessen the evil to the minimum amouut ; but I am sorry to leurn from hon. members from the Middle Island, thai the Government has not beeu able to do so to their satisfaction. I intimated a few days ago, in making a statemeat to the Ministry, that as a temporary expedient my hon. colleague, the Postmaster-General. Mr Gillies, would continue to reside in t Lie Mildle Island, with general executive powers, which will enable him to act in all emergencies in that Island, and, I hope, will vary greatly alleviate existing difficulties. But I am well awate that this is not a sufficient solution of the question ; aud the Government is prepared to lay before this House a Bill for the establishment of a more extended governmental machinery for the Middle Island, involviug the creation, by the CtMwu.ofa Ijiunt- nantGovernor, and the establishment of a Treajurer, a Secretary, and a Solicitor for that Island, after the fashion of the machinery that was adopted by the Ganadas some time ago. 1 will not say ihail am sanguine that we shall satisfy by that means either the wishes of the Middle Island generally, or those of any particular Province. (Hear, h^ar.i But if we do not do so, we are quite ready to nccept from j the Middle Island any proposition i*i reference to the relation of its Government with the General Government which may meet with the concurrence of this House. Our ouly object is to secure good government for the Middle Island; for no Government can have any interest in seeing the irritation caused in that Island, beciiinu it had no General Government at all, or only a very distant one. 1 can only repeat that we, as the Gc.ve.-ument. shall be prepared to adopt any system which is agreeable to the majority of the Middle Island members, and [to this House. I therefore invite members of this House from the Middle Island, if they do not approve of our scheme, to consult together and prepare some other scheme which trniy be submitted to us. There are minor matters connected with the Mfddle Island, to which 1 do not intend now to allude; but if my bill of fare is a bad one. it is uot because 1 have no desire to give h better feast, bin simply because I have not ha I time to learn from hon. members what they really want. But there is, we are informed, some necessity for an irnprnvemsnt in the administration of jusiios on the Gold Fields. Some nave suggest d that th -re shn.ild be a Court of Appeal. But such a Ueuri is a direct provocative to a great deal of legi->.'utio!> — anJ its proceedings are cumbrous and costly. Hie Government had also been informed, thut the increase of business in the Supreme Court had been so great that one judge could not attend to it in the Otago and Southland District and we arc inclined towards the appointment of another Judge for Southland whose duty it shall be to make a circuit of the Gold Fields, and who being * Judge of the Gold Fields' 1 Court, may dispose of all cases of a weightier class that may occur within his jurisdiction. Another very important subject from Ot*go is a new set of Waste Land Regulations ; and there are similar proposals as t 0 Nelson, Hawke's BayandtheWairau. These regulations have been passed by the respective Provincial Councils, and some of them very materially altered existing regulations. The general feeling is that the different Provinces should be allowed to have such regulations as they think proper, and we have uo genera ldesire whatsoever, to dictate to them that they shall sell their lands on credit or by means of deferred payments or not. Our idea simply is to refer these several sets of regulations to one committee, or to four committees if the House prefers it, nnd leave it to the committee to recommend what shall be done. And now, sir, I fear that I have detained this House longer than I intended, and that I have not set that example of action as opposed to words which I promised to set. I shall, therefore, bring this statement to a conclusion, only assuring the House that there exists, so far as I am aware, upon all the great subjects which are likely to fall within the scope of our administration—within the scope of oar funotions as his Excellency's advisers — a perfect unanimity. We shall not be hampered in action by any doubts or disputes amongst ourselves ; but we shall be prepared at once to address ourselves vigorously, I hope — not only with the best intention of being vigorous— to the immediate solution of the great problem which I consider is the sole problem for settlement by this House.