E—No. lo

TO NATIVE AFFAIRS.

I presume then that the Government will use its influence, and interpose its guiding hand, if a Course can be pointed out./which, with a fair promise of good result, presents no appeatance of difficulty or chance of failure beyond such as attend every human enterprise. And now must be considered the end to be gained by such interposition, or, in other words, is it just and expedient that all or any of the ideas which ihe Maories entertain should be encouraged and fashioned into practical form. The Christian philosopher, in meditating on this proposition, would simply enquire what justice required, and would not allow the question of expediency to obscure his udgment. But the politician having informed himself of the pledges fjiven, having learnt the obligations undertaken, and having examined all the collateral and contingent consequences implied in or flowing from these pledges and obligators, is compelled to ask himself how many of these it is possible to perform, and how many il is expedient to forget , ? The treaty of Waitangi testified the cession of the sovereignty of these islands to Her Majesty, and Her Majesty, by that instrument and by a subsequent proclamation granted the rights of British subjects to the whole Maori race. " There exist between the sovereign and the people the mutual duties of protection and subjection."—(Blackstone's Com.) The one has hitherto been as imperfect as the other. " The laws of England aie the birthright of the people thereof."—(l 2 & 13 Wil. 111, cap 2.) The Maories have been for 1G years British subjects, and perhaps one-fourth of them are natural-born British subjects, and they yet know as little of their rights as they do of their obligations. This contract of suljection and protection has been, by a tacit consent, allowed to lie dormant. The Crown has not exacted obedience, nor has it rendered protection. This position of relations cannot endure for ever, and the Government will doubtless seize the first opportunity offered by events for the abandonment of a line of policy, or rather negation of policy, which is at once unproductive and humiliating. Every Englishman has a jealous regard for the honour and dignity of the Crown, and while he is ready to defend it from the insult of others he is watchful that every pledge entered into by the Crown itself shall be amply redeemed. Hence the class of politicians who demand that the whole Maori people shall be at once admitted to the exercise of their full privileges even before they are qualified to undertake the corresponding obligations, is neither few in numbers nor unimportant in position.* Nor are the Maories themselves inclined to allow these rights to be altogether abandoned by them. After the trial of Marsden, some of the Ngatiwhakaue chiefs declared that they would not submit to another criminal trial, where a Maori was concerned, unless some of their own race were on the jury. Is the declaration of the Ngatiwhakaue chiefs already forgotten 1 or do we await the time ■whtn some grave complication having arisen overpowering necessity will compel attention to it ? Our judgment will not be quickened by the pressure of terror, though via inertia may be overcome by its force. And how great is the disadvantage under which an arrangement is undertaken when one side is inflamed by passion, and the other is impelled by dread. "Reason is but a weak antagonist when headlong passion dictates. Those who attempt to reason us out of our follies begin at the wrong end, since the attempt naturally presupposes us capable of reason, but to be capable of this is one great point of the cure. ,, —(Goldsmith.) The recent movement in the South, taken by a large body of natives who have placed themselves on the electoral roll, is pregnant with matter for reflection. The law cannot arrest it, for, although the native ownership of land being of the nature of a common,! a sort of incorporeal hereditament springing out of land held under no title recognized by the law, can confer no sustainable claim to vote, yet there are but few Maories who have not, as occupiers, a valid and indefeasible title to the franchise. Ido not speak of occupancy as conferring a title, on the maxim of the old Roman law: " Quod nullius est id ralione naturali occupanti concedilur" but simply as of a tenancy. If this be true, are the European authorities to remain inactive spectators of a movement the ultimate result of which may be that the civilized portion of the community shall be overwhelmed in the elections by an ignorant majority, who render no actual allegiance to the laws whose privileges they are exercising? I take for granted that Government have no intention (without entering into the legal question of right) to abrogate, by any express act, the privileges already conceded to the Maories, but would rjther see them properly appreciated and intelligently exercised, at the same time that the obedience and subjection implied in the great civil contract is duly rendered. It being admitted that the Maories are theoretically entitled, but are actually not qualified to exercise these privileges, the inference follows that for the present they should be induced to forego the exercise of them, and that in the meantime they should be suffered to exercise political privileges of a more primary character ; that is, that they should be encouraged to undertake the institution of law in their own villages, assisted to make such bye-laws as their peculiar wants require, allowed to nominate men to carry these laws into execution, and permitted Jo assemble periodically for the purpose of discussing the actions of the past, and providing for the needs of the future. Thus will a continued progress be made in their political education ; —their thoughts will be occupied, their minds elevated, and their ambition satisfied.

*Vide the evidence taken before the Board of Enquiry under the head "Juries." Also the scheme proposed by Mr. Busby, a gentleman whose abilities and long experience render his opinion second lo none in value, also his correspondence with late Chief Justice Martin on the subject, appended to the evidence. f " Such an enactment must be based upon the principle that uncivilized tribes, not having an individual right of property in the soil, but only a right analogous to that of commonage, cannot either by sale or lease, &c."—Governor Gipps to Lieutenant-Governor Ilobson, March Oth, 1811, on opinion of Attorney-General of New South Wales.

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