CORRESPONDENCE EXPLANATORY OF THE RELATIONS BETWEEN HIS EXCELLENCY AND HIS RESPONSIBLE ADVISERS IN REFERENCE TO NATIVE AFFAIRS.

Appendix to the Journals of the House of Representatives, 1858 Session I, E-05

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CORRESPONDENCE EXPLANATORY OF THE RELATIONS BETWEEN HIS EXCELLENCY AND HIS RESPONSIBLE ADVISERS IN REFERENCE TO NATIVE AFFAIRS.

Presented to the Honourable the House of Representatives by command of His Excellency, and ordered to be printed.

AUCKLAND: 18 5 8-

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.MEMORANDUM. August 22nd, 1856. The Governor's Minute of the 15th of April last,* stating the " Terms of Relation between the "" Governor and his Responsible Advisers " lays down the following Rules. "1. That in all matters under the control of the Assembly the Governor should be guided by the " advice of Gentlemen responsible to that Body, whether it is or is not in accordance with his own "opinion on the subject in question; But, "2. That on matters affecting the Queen's Perogative and Imperial Interests generally, the " Governor will be happy to receive their advice; but when he differs from them in opinion, he will, if " they desire it, submit their views to the consideration of Her Majesty's Secretary of State, adhering ■ " to his own until an answer is received." The Brd Paragraph of the Minute, specifies, as included amongst Imperial Subjects, " all dealings " with the Native Tribes, more especially in the Negotiation ef purchases of land^ . Your Excellency's Responsible Ministers have taken the earliest opportunity after the closing of the Session, to give their attention to the subject of the administration of Native Affairs, especially in reference to the above Minute, and the opinions on the subjects expressed by your Excellency. There are three modes in which these affairs may be administered. 1. By Departments under the personal superintendence of the Governor, independent of Responsible Ministers. .2. By the Ministers, subject to the conditions of Responsible Government. 8. By Ministers, subject to the supervision of the Governor, and with a distinct recognition of his right to act on his own views when he differs from them in opinion. To the first mode the most serious objections exist, it would virtually exclude Responsible Ministers from that practical knowledge of Native Affairs, which is essential to enable them satisfactorily to advise your Excellency, and would deprive them of the power of any practical check or .-control over the Officers employed in that department of the service. It is not only the right of the Governor, but he is directed by the Royal Instructions, to take the advice of his Constitutional advisers in all matters of importance, whether connected with the Natives or otherwise, with advice they on their part are bound to give. Thus large responsibilities are imposed upon them which they would in fact be disabled from fulfilling. On the other hand, whilst called on in the General Assembly to explain and justify the administration of Native Affairs, they would be unable to do so, being in fact reduced to mere cyphers in the conduct of those Affairs. It would manifestly be impossible for them to retain that position. As another consequence of such a system, an independent Establishment would be created looking to the Governor alone as its head, and the chiefs of which Establishment would necessarily become advisers of the Governor in Native Affairs, by whom he would be virtually guided, to the exclusion of those advisers appointed by the Constitution. Thus would arise a Government independent of, and antagonistic to, the regularly constituted Government of the Colony, giving rise to jealousy and distrust on the part of the Colony at large. Your Excellency's Advisers could only look forward with the greatest apprehension to what they feel assured would be the inevitable result of the establishment of two such distinct and independent Governments. Add to this that it would be impossible to draw any intelligible line between the Jurisdiction of the two Governments, especially in questions between parties belonging to both races. This could not fail to be productive of the most embarrassing and mischievous conflicts of authority. The permanent maintenance of such a system of Government we believe to be utterly impracticable, and any attempt to carry it out, would be fraught with consequences dangerous to the Peace of the Colony, obstructive to the advancement in civilization of the Aborigines, and disastrous alike to the welfare and prospects of both jaces af Her Majesty's Subjects. Moreover such a system of Government would not, it appears to us, be in accordance with the Memorandum of the 18th of April. That document expressly reserves to your Excellency the right to act on your own views (pending - a reference to Her Majesty's Secretary of State) when your Excellency differs from your Responsible Advisers, but it does not propose, nor do we contemplate, the withdrawal of the Officers employed in the management of Native Affairs, from all supervision on the part of your Responsible Ministers ; on the contrary, the Memorandum clearly contemplates and provides for the determination of questions on which differences of opinion shall arise between them and your Excellency. It is obvious that such a provision could not be necessary under such a system of Government as that now under consideration. 2. The second mode suggested of dealing with Native Affairs may be passed over in a few words. Considering ourselves pledged to the terras of the Memorandum of the 18th of April, pending reference to England, we are precluded from urging on your Excellency the extension of the principle of Responsible Government beyond the terms of that Memorandum. 3. It appears to us that a middle course, such an one as that to which we conceive the Memorandum of the 18th of April distinctly points, is best adapted to the present circumstances (pending the decision of Her Majesty's Secretary of State) and it our object to propose for your Excellency's adoption such arrangements for the management of Native Affairs as will give the greatest efficiency to that Branch of the Public Service, as will afford to the Ministers of the Crown in this Colony that supervision and control over the Officers employed, which we conceive to be absolutely indispensible to the * For Minute referred .to, followed by a Memorandum of the 18th of April, 1856, see Blue Book, 1856, Vol. 11, A—l 3.

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harmonious working of the several departments of the Government, and as will at the same time secure to your Excellency such information in all matters connected with Native affairs as will enable you to give efficient practical effect to your Excellency's views when you differ from your Ministers in opinion. Keeping these objects in view your Excellency's Responsible Advisers propose that the business now carried on by the Native Secretary shall be conducted by a branch of one of the principal Departments of the Government; this will be in accordance with the plan established by Sir George Grey when he created the office of Native Secretary: we propose that the principal person employed in this branch shall still be called Native Secretary, and that the office, like that of the Under Colonial Secretary, shall be permanent and not liable to political changes. This with your Excellency's final power of decision, will fully secure (more effectually even than under the first mode suggested by this Minute) the administration of Native affairs from hasty and ill considered changes. In order to render the power of final decision, reserved by the Memorandum of the 15th April, fully and easily available, we propose that no step shall be taken in Native affairs without your Excellency's approval first obtained and that when any such subject is submitted to your Excellency you will be at liberty "to differ from your Ministers in opinion," and to reserve the conclusion arrived at by them, and give such direction in the matter as your Excellency may deem advisable, such directions will of course be carried out by that department of the Government to which it may properly belong to do so, where however the payment of money is involved regard must of course be had to the amount available for the service. By the Memorandum of the 15th April your Excellency has reserved the sole power of giving orders to the Chief Land Purchase Commissioner and his subordinates. In that Document and the explanatory Memorandum of the 18th of April, your Excellency has conceded to your Responsible Ministers the right to fix the amount to be expended in the purchase of Native Lands in any one year and has also stated that you have " no objection to the House of Representatives defining the specific lands " to be purchased provided that it shall not be compulsory to make the purchase, if political reasons render it inexpedient to do so;" we do not press for an encroachment on the stipulations prescribed by these Documents, but we respectfully, and at the same time earnestly, submit to your Excellency the propriety of placing the Native Land Purchase Department upon the same footing as we propose in reference to other Native affairs; and we make this suggestion with a full conviction that such a course will not impair your Excellency's power of acting on your own responsibility, when circumstances may seem to require it, that it will promote the efficiency of the Native Land Purchase Department and that it is absolutely necessary to the harmonious working of the several Departments of the Public Service. (Signed) Fredk. Whitakeb. ( " ) Henry Setvjsix. ( " ) C. W. Eichmond. (■"-.) J. Logan Campbell.

MINUTE. The Governor sees no difficulty in meeting the views of his Responsible Advisers as set forth in their minute of 22nd August. Learning by personal communication with them that the state of affairs described in the first section of their minute does not relate to a past or present, but to a possible state of affairs, he will not now advert to it, guarding himself however against any accordance with some of the opinions and deductions expressed in it. In reference to Section 2—the Governor observes that changes in the mode of communication between himself and his advisers are very objectionable, and that no permanent relations can be established without the. sanction and approval of the Secretary of State. He thinks therefore that unless his advisers are prepared to assume responsibility for the relations now proposed, and declare that they are unable to suggest others more likely to effect the desired end, it will be their duty frankly to state for the information of Her Majesty's Government what other system they consider to be preferable. The Governor will then submit the whole subject fully and completely for the consideration of the Secretary of State. In accordance with the 3rd Section of his Advisers' minute the Governor now suggests that the present Chief Commissioner for Land Purchases be appointed Secretary for Native Affairs with his present salary, not removable except by the Governor's express sanction, and that as soon as the Assembly meets, his office shall be placed on the Civil List. That all correspondence on Native affairs be addressed to him. That having matured his views, and considered the subject matter of his correspondence he will submit it with his opinion, if possible in writing, to that member of the Government with whom he is placed in relation. When a subject has been thus considered the documents connected with it will be brought to the Governor having on them the opinion of the Secretary for Native Affairs, and that of his responsible advisers: both in the form of minutes. The Secretary for Native Affairs will personally communicate directly with the Governor as his verbal explanations are often indispensable to a right knowledge of Native affairs. Final decision will in all matters remain absolutely with the Governor whelher the subject be one initiated by him, the Secretary for Native Affairs, or by his Responsible Advisers; —subject however to the following conditions.

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If the proposal involves expense that it must not exceed the amount voted by the Assembly—lf his Responsible Advisers consider the proposal to be liable to objection, that they shall' have the right to protest against its adoption, and that such protest shall be forwarded for Her Majesty's consideration, but until Her Majesty's pleasure is known, the Governor's decision shall be acted on. That Responsible Advisers shall have the right to protest against the appointment of any officer engaged in Native affairs, but that the same course shall apply, viz. ; that the Governor's decision shall be acted on until Her Majesty's pleasure is known. That a difference of opinion between the Governor and his Responsible Advisers on Native affairs, shall not be admitted as sufficient cause for resignation on their part. (Signed,) T. Gore Browne. Government House, 28th August, 1856.

MEMORANDUM. September 2nd, 1856. As His Excellency the Governor sees no difficulty in meeting the views of his Responsible Ministers, relative to the administration of Native Affairs, as stated in their Minute of the 22nd August; they, on their part, are prepared at once to assume the duties and responsibilities which that arrangement imposes upon them. Tne Governor's Responsible Advisers adopt the suggestions made by him in reply to that Minute, but they do not anticipate that any difficulty will arise in modifying, from time to time, any details necessary to give proper effect to the arrangement. They have, however, to observe, in reference to the last paragraph of His Excellency's reply, that although such a difference of opinion as would, in reference to an ordinary matter, be sufficient cause for tendering their resignations, shall not be so admitted in reference to Native Affairs; yet such differences might arise as would render it unbecoming in them, or detrimental to the Public Service, that they should continue to hold the position of His Excellency's Responsible Advisers. In any such case they feel assured that the Governor could have no difficulty in relieving them from their offices. The present arrangement being necessarily of a temporary character only, the question as to what should be the permanent relations between the Governor of New Zealand and his Responsible Ministers, still remains to be considered, and Hia Excellency's Advisers at once admit that it is their duty to state their views on this subject frankly, for the consideration of Her Majesty's Imperial Government. It has been stated as an axiom, that when a Colony is entrusted with the management of its own affairs, it should then provide for its Military defence. Whether this may or may not be true as a general rule, it is certain it is not applicable to the present condition of New Zealand. It is not intended in this Minute to enter with particularity on the subject of the existing relations between the European and Native Population. It is sufficient for the present purpose to state that paragraphs 11, 12, 13, 14, and 15, of Governor Sir George Grey's Despatch, No. 121, to the Secretary of State, of the 30th August, 1851, may be taken in reference to the Northern Island, as describing those relations for the most part correctly, subject to the modification that since that time the European population has increased, and the Native population probably diminished in number. Having regard, then, to numbers, position, and means of offence and defence of the two races, it may be taken as granted, that it would be impolitic and dangerous to withdraw the protection afforded by Her Majesty's Troops, and that such a course would not only arrest the progress, but even peril the existence of the European Settlements of the Northern Island. The presence of a considerable Naval and Military force is at present absolutely essential for the preservation of peace, the maintenance of Her Majesty's authority, and the prevention of conflicts, which would probably only terminate with the extinction of the Native race. No doubt every year will render the danger less, and in a few years, under the action of a policy having for its object the amalgamation of the races, will probably altogether pass away ; but in the meantime, physical weakness on the part of the Government would produce contempt, and invite hostility and attack. Should such a state of things unhappily be brought about, it would certainly involve a serious expenditure of blood and money to restore Her Majesty's authority to the position which- it now holds, and which, with prudence, backed by a sufficient force to command respect, may in all probability be maintained. Notwithstanding this state of things, of which Her Majesty's Imperial Government appears to have been well advised, the Secretary of State for the Colonies, in his Despatch of the Bth of December, 1854, when directing that Responsible Governmeat should be conferred on the Colony, distinctly states that Her Majesty's Government had no desire to " propose terms or to lay down restriction" on the Governor's assent to the measures which might be necessary for that object, except that of making provision for certain Officers of the Government. The Governor, however, has thought it his duty to make reservations in reference to Native Officers, and subject to these, the relations between him and his Responsible Ministers are now settled, pending the decision of Her Majesty's Imperial Government, by their Minute of the 22nd August, and his reply thereto. Having regard to the circumstances and necessities of the Colony, it must be assumed that the maintenance of a Military and Naval force by the Imperial Government is for the present indispensable, and the Government of the Colony must be settled upon that basis. The question is then what amount of control in Native Affairs is Her Majesty's Imperial Government willing that the Colonists of New Zealand should, during the existing state of things, be entrusted with ?

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Oil the one hand, it must be admitted, that the Imperial Government has a large direct interest in the preservation of peaceful relations with the Aborigines ; but on the other, it cannot be denied that the Colonists, as a body, have a far greater interest in the same object, not only their own property, but their lives are at stake. The obvious interests of both are identical. The Governor's Responsible Advisers see no reason to believe that any advantage whatever, either to European or Native inhabitants of the Colony, or to the Imperial Government, could possibly result from withdrawing altogether the administration of Native Affairs from those most interested in their peaceful and successful management. On the contrary, they see equal evils to both races as likely to follow such a policy ; but at the same time they feel that it would be unreasonable to object to the exercise on the part of the Imperial Government of a potent voice and paramount authority in the direction of those affairs. After a careful consideration, therefore, of the question in all its bearings, your Excellency's Advisers are not able to suggest a better arrangement than that which has now been concluded, To them it appears to give to the Colonists those powers which, for the good government of the Colony, it is essential that they should possess, and at the same time to secure to the Imperial Government that control which the maintenance for the protection of the country of considerable Military and Naval forces reasonably entitles them exercise. Tour Excellency's Advisers are not, therefore, with their present experience, prepared to propose that the relations just agreed on between the Governor and his Responsible Ministers should be altered, and they recommend that these relations should be confirmed by Her Majesty. Your Excellency's Advisers, however, in expressing their belief that this system of administration of Native Affairs will be found to answer the purposes for which it was devised, beg at the same time to state their present conviction that if any alteration be hereafter made, the peace, welfare, and good government of both races of Her Majesty's subjects in the Colouy, as well as the direct interests of the Imperial Government, will require rather an extension, than a contraction of the powers entrusted to the Colonists. (Signed") C. W. Richmond, Henky Sewell.

Government House, Auckland, New Zealand, 21st September, 1856. Sik, — I have the honor to forward a resolution of the House of Representatives, two memoranda by my Responsible Advisers, and one from myself on the administration of Native affairs. 2. In answer to my Opening Address, both Houses of the Assembly confirmed the relations detailed in my Despatch No. 48 of 30th April last, and that dated 2Cth ultimo. No. 88 covers a protest Dγ some Members of the Legislative Council against any alteration in them. 3. In reference to the first part of my Advisers' Minute, I must observe that a journal of everything whicli occurred in connection with the Natives, was forwarded to them weekly, and all the documents, not being altogether unimportant, were shewn to them, more especially when there was any reference to expenditure however small. 4. Pendiug the political struggle which continued during the whole of the Session of Assembly, my Advisers were too much occupied to be able to devote attention to anything not immediately connected with it. Hence matters requiring early consideration often remained unnoticed, and complaints were made of want of information, though the Documents containing it had been forwarded, and were actually in their possession. 5. I should also observe that in his speech, as reported on the 30th July, Mr. Stafford observes, that " the Ministry would in no manner, either in this or any similar occasion, become responsible for any expenditure whatever, which they had not advised, or which was not under their direct control." 6. Although it is not asserted in their Minute, that my Responsible Advisers were excluded from that practical knowledge of Native Affairs which is essential to enable them satisfactorily to advise me, they do state that they were unable to explain and justify the administration of Native Affairs, when called on to do so by the General Assembly. 7. Without therefore entering on further discussion of the past, it was quite evident that some alteration in the mode of conducting Native Affairs had become absolutely necessary, and it was most important that such alterations should, if possible, be in accordance with the views and wishes of the gentlemen who possess the confidence of the Assembly ; I therefore gladly acceded to the proposition now submitted for your approval, having observed in the 2nd paragraph of my minute that I considered it their duty frankly to state for the information of Her Majesty's Government, whether any other system would in their opinion be preferable to the one now under discussion. 8. The subject being fully explained in the accompanying memorandum, I will only observe that it would be difficult to overrate the importance of a satisfactory arrangement of the relations between the Governor and the members of a Government, responsible only to the Assembly, but desirous of governing the the Colony at large, including among its inhabitants a proud and independent race of savages, recognising Her Majesty's supremacy but imperfectly, and repudiating all authority except that of her Representative. It must also be remembered that the Maories are constantly advised and reminded of their power, and the large amount they contribute to the Revenue, by persons belonging to several classes, and more than one Nation, who are actuated by various motives, among which allegiance to Her Majesty is not always a prominent one.

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9. Anxious to obtain the advice and opinion of persons best acquainted with the Native race, and least likely to be biassed by political or party motives, I caused a circular letter to be written, a copy of which together with the answers, form an appendix to this Despatch. 10. It is scarcely necessary for me to say that the opinions of many of these gentlemen (38 in number) are most valuable, and it is remarkable that though addressed without my having any previous knowledge of their opinions, the answers should, with two exceptions, be unanimous though the reasons are various. 11. I cannot conclude without observing that there are at times as many as 60 whaling vessels on the coast of New Zealand manned by a hardy race, not subjects of Her Majesty, and not bound to encourage Her subjects in loyalty to Her; that no ship of war has visited this station since I have been here except the " Pandora,' , a small surveying vessel, and the " Electra," which remained only ten days, I therefore take the liberty of repeating that the constant presence of a steamer of war is absosolutely necessary for the safety of the Colony. I have, &c, (Signed) T. Gore Browne. The Right Honourable Henry Labouchere, M.P.,

Government House, Auckland, New Zealand, 22nd September, 1856. Sic,— I have the honor to enclose two Messages, which I sent to the House of Representatives on the subject of Native expenditure, and an Address to me from that Body in reply to the last of them. 2. The state of the case as relates to the £7000 on the Civil List is as follows :— £5900 was placed on the Civil List by Governor Sir George Grey (vide the Despatch voted in the margin or page 259 of the Blue Book for 1854, in which the replies from the heads of the Religious Bodies may also be seen.) A further sum of £1300 had been granted out of the Estimates as a supplement to the £5900. When Mr. Fox was the leading member of the Government, he desired to remove the original £5500 from the Civil List, which I declined to sanction until I received your answer to my Despatch No. 57, of 31st May, asking your views on the subject. 3. My present advisers decided on commuting the £1300 on the Estimates, for a fixed £1100 on the Civil List—a proposal I approved, though not at first made acquainted with it. 4. These two items, viz. : £5900 and £1100 from that portion of the Civil List which is stated to have been without the sanction of the House, and contrary to its wishes, appropriated to objects over which it has no control. 5. I need only observe, that the Civil List was reserved by Her Majesty when the Constitution was granted, and the £1100 removed from the Estimates, was placed on it by Ministers possessing the confidence of the Assembly. 6. As my Despatch No. 94, of the 21st instant, has reference to the relations between myself and my Advisers, I need only here say. that they entertain the same opinion, of Mr. McLean, who acted ag my principal adviser, as I do, and as Sir George Grey did while he was in New Zealand. Mr. McLean now holds a position for which he is eminently qualified, and for which it would bs exceedingly difficult to find any other equally so. I have, &c, (Signed,) T. Goke Bkowne. The Right Honourable Henry Labouchere, M.P. &c., &c, &c.

Government House, 31st July, 1857. Sib,— As it is very probable that the subject of the manner of appropriation of the Civil List will be warmly discussed at the next meeting of the General Assembly, I do myself the honor to call your attention to my Despatch No. 57, dated 31st May, 1856, and would earnestly request that I may be favoured with your instructions in reply to it. I have, &c, (Signed) T. Gore Browne. The Right Honourable Henry Labouchere, M.P., &c, &c, &c.

Downing Street, 16th December, 1857. 'Siß,— I have to acknowledge your Despatch, No. 60, of the 31st July last, repeating your application for instructions from Her Majesty's Government as to the course which you ought to pursue on the

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questions which had arisen between yourself and your Responsible Advisers respecting the application of the sum devoted to Native purposes in the Civil List. By the Minutes which passed between yourself and your Responsible Advisers in April, 1855, you bound yourself to consult Council on all Native matters, but reserving the final decision to yourself. That arrangement received the approval of Her Majesty's Grovernment. Before the receipt of that approval, you had reconsidered the subject with your advisers, and the Memorandum and Minute of August, 1856, transmitted in your Despatch, No. 94, of the 21st Septemtember last, were the result. By the interchange of opinion which then took place, no material alterae tion was made in what had been determined in April, but the arrangement was rendered more complete and definite, pending the sanction of Her Majesty's Government which, (as to th c substantial points already concluded in April previous) subsequently reached you. I cannot but think that the agreement at which all parties then arrived, furnished of itself a sufficient solution of the questions which you now submit to me. And I take this opportunity of conveying the sanction of Her Majesty's Government to the arrangement as finally completed in August. The control of the fund reserved for Native purposes under the Civil List, like other functions in the administration of Native affairs, should be exercised by yourself, but with the full knowledge, and sub Ject to the advice of your Executive Councillors ; that advice, however, not being binding on you in cases where your own deliberate judgment ult'mately refuses to adopt it. This appears to me a satisfactory conclusion in itself, and it is one of which Her Majesty's Government, on whom it is thrown, the cost of Military protection of the Colony against the hazard of hostility from these very Natives, has full right to require strict enforcement. To apply this principle in close detail to the questions which have arisen on the Civil List, would require a more complete knowledge of the subject than I possess even with the aid of your copious Despatches ; I can only say, that so far as public faith is engaged towards particular local bodies, for the maintenance of Sir George Grey's scheme or otherwise it must be strictly preserved, and you are authorised to adhere to this principle against all opposition. But if public faith is not in any way violated by the course of proceeding desired by your Responsible Advisers as to this expenditure, you will probably find it expedient to adopt that course and thereby to secure there co-operation if farther grants for Native purposes out of the general Revenue are required. It would, doubtless, be of great advantage to the Natives themselves as well as to the general interests of the Colony, that these and similar questions should, as far as possible, be treated ma spirit of harmony by yourself and the other constituted authorities of New Zealand. I have the honor to be, Sir, Your most obedient, humble servant, H. Labouchebe. Governor Gore Browne, C.8., &c, &c, &c.

MEMORANDUM. 28th April, 1857. Ministers will be informed by the Colonial Treasurer of the conversations held by the Governor with the different Chiefs whom he saw during his late visit to the Waikato. Referring all matters of detail to the Colonial Treasurer, the Governor will restrict his present observations to such as have been forced upon him most prominently, and which will require immediate consideration. Theire is every reason to believe that the determination to elect a King, which seems to have been general n the districts between Otaki, Taupo, and those bordering , on the Waikato, will now be given up. The Natives however require a code of laws adapted to their present condition which shall be made binding on both races residing in native districts. The points specially requiring consideration, are :— Adultery and criminal conversation. Trespass. Betrothal of women without consent of the parties concerned. The responsibility of relatives for offences committed by individuals without their knowledge or consent. Drunkenness and violence by Europeans. Illegal squatting. Use of that peculiar form of swearing considered so heinous by the Natives. Prohibition of punishment for witchcraft. Prohibition of Tapu, except in very special cases. The Governor has directed Mr. Fenton to prepare a rough draft of a code embracing the above cases in as concise a form as possible, which shall be forwarded to Ministers for their consideration and amendment. When completed the Natives should be advised to accept it, which they would probably do at one of their large Assemblies. The Governor acceded to the earnest request of the Natives that a European Magistrate should be stationed on the banks of the Waikato, and that he should make periodical visits to the settlements within his He thinks Mr. Pariss would be an elegible person, and if his services are not

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available, Mr. Fenton. A list of the present assessors is absolutely necessary, and some addition to the number will probably be required in order to include persons who would otherwise use their influence in opposition to the Government. They should be divided into three classes, two of whom only should be paid ; the second class receiving but a very small amount, but having a prospect of removal to the higher one. The Magistrate should hold a session on certain days in the month at each settlement, and should then be assisted by the assessors of the district. The chief assessors should receive two police batons each which they might entrust to the constable whose duty it may be to act under their instructions. The constable receiving the staff to be paid specially for the duty performed but not to receive a salary. Fines to be accounted for to the Government. The power of issuing Bush Licenses has been abused and ought to rest absolutely with the Governor. Europeans choosing to reside in Native districts ought to be required to obtain a permit for so doing, to be renewed every two years, or on change of residence. It appears that this may be done under an Ordinance Title in force. The Arms and Ammunition Ordinance might be so far relaxed as to permit the sale of gunpowder and shot by licensed persons who should be required to make a return of the quantities sold and tho persons purchasing it with their place of residence. A further relaxation might be combined with another measure which appears to the Governor _very advisable ; viz., the enrollment of a Native militia, not to be called out unless unforeseen circumstances should arise, but framed on the model of our own Militia, all composing it being Natives with exception of the Lieutenant-Colonel. Men belonging to the Militia might be permitted to have registered arms of whatever description they like. Finally some steps should be taken to prevent Natives from involving themselves inextricably in debt to Europeans, which is often a cause of much trouble to the Government. T. Gore Browne. Government House, 28th April, 1857. A paper is attached which was presented to the Governor while visiting the Waikato by some Chiefs of the Ngatimahuta of Whakapaku.

MEMORANDUM. May 6th, 1857. With reference to your Excellency's late Memorandum on Native Affairs, dated 28th April, 1857, we, the Eesponsible Advisers of the Crown in New Zealand, have the honour to indicate our views on the general subject treated of by that Memorandum; views which, it will be seen, are generally coincident with those taken by your Excellency. 2. That an important crisis in the relations of the Native Race with the British Government is now occurring, is a fact recognized by all who have any acquaintenance with Native affairs. 3. The peculiar feature of the time is the tendency to self-oiganization, now being exhibited by a large section of the Maori people. The numerous meetings in course of being held throughout the country ; the recent attempts at legislation which have taken place at the Villages of the Waikato Tribes, and the agitation for the appointment of a Native King, are the signs of this movement. 4. With some amongst the Natives there is reason to think that social organization is sought chiefly, if not wholly, as a means to the ulterior end of counteracting the growing predominance of the European, preventing the further alienation of territory, and maintaining the national independence. Another class appears purely to desire the establishment of law and order, and to be at the same time sensible that this benefit is only to be attained by the co-operation of the British Government. Between these extremes there are probably many shades of opinion. 5. There is, however, little reason to doubt that, should the British Government wisely and timely afford its countenance to the establishment amongst the Maories of civil institutions suited to their wants, the mere loyal and intelligent opinion will speedily become prevalent. 6. As to the ultimate end to which the British Government in these Islands is bound to shape its Native policy, there can be no difference of opinion. Successive Governors have promised, in the name of the British Crown, that the Colonists and the Maories should form but one people, under one equal law; and no effort must be spared to redeem this pledge. 7. The difficulties in the way of the fulfilment of that engagement are, however, immense; it being an essential condition that the Natives themselves should be capable of, and consenting to, the promised union; and it is no disparagement to the efforts of former Governments to declare that there has, as yet, been made no sensible advance towards such a consummation. 8. Hitherto the dominant political ideas in the treatment of the Natives have been, that they should for the present be left politically to themselves; and that their own advancing civilization, consequent upon the efforts made for their individual improvement, and upon their extending intercouse with Europeans, would gradually but surely lead to their voluntary adoption of British Law, grounded upon practical experience of its superiority to their own usages. 9. In accordance with these ideas, no attempt has been made to extend to Native Districts a social organization suited to their actual condition. Indeed, special legislation of this kind has by some "been reprobated as inconsistent with the promise of the Natives of a national unity with the British Settlers;

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the appointment of Magistrates and Native Assessors in a few districts under Sir George Grey's " Kesident Magistrates' Ordinance," and some trifling modifications of British Law which the same Ordinance effects in Native cases, scarcely constitute an exception to the foregoing remark. That Ordinance, which is the only one on the Colonial Statute Book directed to the great end of the fusion of the two races, accords in its main principle with the theory of Native treatment above stated. It merely affects procedure. The law to be administered by the Tribunals it establishes, is British Law; and the only change is in the mode of administration. 10. But it is not reasonable to expect that a barbarous race should be able to adopt, per saltum, the complex institutions of a free British Colony, A transition state must occur, requiring special treatment; and it may reasonably be objected to the theory of Native treatment above stated, that the civilization which is expected to lead to the adoption of British Law can itself only be attained through the medium of fitting institutions; —institutions which, taking the actual condition of the Aboriginal population as the point of departure, provide for its present necessities and for its transition state, and are capable of expanding, in their ultimate development, into the full measure of British liberty. Nor should the letter of promises made to the Natives be pleaded in bar of measures conceived in the spirit of those promises, and directed towards their practical fulfilment. Actual progress towards a real identity of laws is essentially more just, as well as more expedient, than the maintenance of the fiction of an identity which it is notorious does not exist. 11. In the preceding observations there is no intention to reflect upon the past conduct of Native Affairs, as a whole. A certain amount of trust has been inspired in the friendliness and the fidelity of the British Government, which alone is much. The Natives would have been apt to look with suspicion on measures which they had not themselves suggested. It is a new and remarkable feature of the present time, that the wish for better Government has originated with the Natives: they are tiring of anarchy. No such opportunity for an advance as now seems to be opened has been presented to any former administration. 12. There is great reason to believe that the Maories are fully capable of institutions of the character above described; of institutions, that is, containing the germ of British freedom. They are, to an extent, surprising in an uncivilized people, habitually influenced by reason rather than by passion; are naturally venerators of law, and uneasy when contravening recognized obligations; are without the spirit of caste, there being no sharp line of demarkation between chiefs and people; and have at all times been used to the free discussion of their affairs in public assemblies of the Tribes, To these essential qualities are joined an enterprising spirit, a strong passion for gain, and a growing taste for European comforts and luxuries. Such a people, impossible to govern by any external force, promises to become readily amenable to laws enacted with their own consent. 13. The foregoing considerations induce us to recommend it as expedient that measures should be taken as early as possible for giving the support of the Crown, and the sanction of law, to the efforts now making by the Maori people towards the establishment of law and order amongst themselves. In dealing with a question so difficult and delicate, we are, however, fully sensible of the necessity of proceeding with the utmost caution, and desire to see the measures of Government moulded, as far as possible, by actual progressive experience of the wishes and wants of the Native People; and it fortunately happens that their habit of public discussion will greatly facilitate such a policy. 14. The simple measures, suggested by your Excellency, of directing the Eesident Magistrates to hold Circuit Courts, will, we think, not merely greatly increase the efficiency of those Officers, but, in a way to which we shall presently advert, will afford a safe basis for important changes. We entirely concur in that suggestion. 15. It was the announced intention of Sir George Grey that the institution of Native Assessors should serve as introductory to that of the Jury. We think a further step should at once be made in the direction, by considerably increasing the number of Assessors. This, indeed, is involved in the establishment of Circuit Courts; as Assessors must be provided in each village. It would be inexpedient to admit the principle of direct popular election to this Office. Great care should, however, be taken that the Assessors possess the confidence of their respective Tribes; and for this purpose, the Magistrate on Circuit should be instructed to ascertain what persons the inhabitants of each Village desire to see appointed to this Office; when, if no special objection appear, the popular wish should be complied with. 16. While seeking a broad popular basis for this institution, it will be necessary to avoid anything which might have the effect of alienating the Chiefs, who should be consulted upon any appointment. We concur in your Excellency's suggestion for the classification of the Assessors, and think such classification may be made the means for avoiding the offence to men of rank, which might otherwise possibly arise from associating them in the office of Assessor with their inferiors. 17. The Assessors of the first class should consist exclusively of the higher Chiefs, and should receive from £20 to £50 per annum. They should be considered as having a distinct jurisdiction over all the settlements of their tribe. Assessors of the second class should receive from £5 to £20 per annum, and their jurisdiction should be over their own villages. There should be a general class of probationers without pay. Regular Commissions under the Colonial Seal should be issued to the permanent Assessors, on parchment, or paper, according to the class. All should be sworn in to the execution of their duties with some public solemnity. 18. Following out the notion of subjecting by degrees the whole social economy of the race, (so far as it is not repugnant to the principles of humanity, or to the fundamental principles of British law,) to fixed and reasonable rules, and of bringing it within the cognizance of regular tribunals, it is to be looked forward to, that the Circuit Court will ultimately assume jurisdiction over cases where ter-

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ritorial rights are in dispute between members of a tribe, —decisions being given according to Native usage. Inter-tribal differences may also prove susceptible of similar adjustment, until such time as the extinction of Native tenure shall have done away with questions of that kind. As to the proper course to be taken on these difficult subjects the experience of the Circuit jurisdiction may, it is hoped, throw some light. 19. It does not appear immediately advisable that any regular Native Constabulary should be organized ; the Magistrate should be empowered to remunerate occasional services of this nature out of the fines received by him. We agree that Constables' batons should be provided for the Assessors who would place them in the hands of the persons temporarily acting as Constables, Such symbols of authority have a real influence on a primitive race ; and it is of moment to create a distinction between the execution of a distress warrant, —and a Native Taua, and to impress upon the Native mind a sense that the executive authority exercised is derived from the Crown. 20. As already pointed out, —it is not enough to provide a judicature commanding the confidence of the Native people ; there must also be some provision to secure that the law there administered meets their wants, and has received their consent. The concession of direct legislative power to Native Assemblies would be premature. The actual requirements of the case may probably be met without venturing on such an experiment. The proposed Circuit Courts would be the natural occasions of popular assemblages, when subjects of political interest, such as those enumerated by your Excellency in the minute above referred to, would come under discussion, and the public feeling thereon be ascertained. In this manner many objectionable customs might be got rid of, the good sense of the Native Meeting being guided by a British Magistrate. We advert particularly to such usages as those mentioned by your Excellency, of Taumau, (or betrothal) ; of making Tauas upon the innocent relatives of an offender ;of punishing the imaginary crime of witchcraft; and of the Tapu. These need nothing to their abolition but the general consent of the Maories themselves, —and, this once obtained, acts of violence attempted by individuals in pursuance of such customs might be repressed and punished. 21. Other resolutions of such meetings would be upon subjects of police, municipal and rural J and we consider that to all such resolutions being of a reasonable character, legal sanction should from time to time be given. For this purpose, we propose at the next Session of the Assembly to introduce a measure enabling the Governor in Council to put in force local bye-laws of this character in Native districts, to be defined for the purpose. By means of this machinery, a virtual legislative power, for local purposes, will be vested in the village Assemblies, without the introduction of a complicated apparatus unsuited to their simple wants. 22. The subjects of Adultery and Seduction, adverted to by your Excellency as proper to be provided for in a special code adapted to Native wants, raise a great difficulty. One of the highest judicial authorities in England has lately declared in open Court, that our own Law on these matters is a disgrace to our civilization. We concur in this sentiment, and feel satisfied that the English rules cannot be recommended for Native adoption. We are inclined to consider that amongst Maories Adultery and Seduction should be treated criminally; but legislation, to be effectual, must accord with Native ideas, and we look to the meetings as likely to indicate the right mode of meeting this difficult question, which is complicated by the Native practice of Polygamy. 23. We doubt the policy of encouraging larger gatherings of the Native population than such as ■would take place at the Circuit Courts, or at Courts which may hereafter be held for the adjustment of inter-tribal differences. Where, however, such larger meetings are held, it is evidently wise to give them a beneficial direction. 24. We agree that the Waikato country is the proper field for the first trial of the new system. Probably Tuakau, Rangiri, Kirikiriroa, Whakapaku, and Watawata, would be the proper places for holding the first Circuit Courts; but we propose to leave this in a great measure to the discretion of the Magistrate. We propose Mr. Fenton as the person best fitted for the performance of this service. 25. On the important subjects of the restrictions imposed on the sale to Natives of Arms, Gunpowder, and Warlike Stores, and of the Constitution of a Native Militia, we propose to state our views in a separate Memorandum. (Signed) E. W. Stafford.