FURTHER PAPERS RELATIVE

Objection will be raised to the granting of permission to make these bye-laws, on the grnund that the power of holding meetings for the purpose of considering laws would be a proceeding fraught with danger, an imyerium in imperio. This objection will be made with the loudest voice by that class ot politicians who, whilst asserting the existence and supremacy of the English law, and protesting against any action being taken on the seventy-first clause of the Constitution Act, are ever ready to display the motto on the shield, "Non interference." Now, either law exists and operates, or there is no law at all. Law is described by lilackstone as " the rule of action," and if it does not rule human action, it is no law. It is a mere myth, a spirit whose existence is believed 1 in, but cannot be felt. It is useless to pretend a belief in the reception of law by the Maorieg. There exists a void :.rul this void, the persons principally interested are anxious to fill. The The English power, having failed to induce the adoption of law in a direct manner, through the means of English magistrates, is now offered the opportunity of thoroughly instituting all the ordinary laws, as far as they can be made applicable, by the simple and constitutional plan of initiating them through the intervention of the people themselves. For, in fact, the movement will if properly guided, result in nothing more than the permanent establishment of a powerful machine, the motive power and the direction of which will remain with the Government. When the Maories express their anxiety to make laws, they also pray that the Governor will i-iusk them to be instructed as to what laws they are to make. In fact, their views, divested of maoriisms of thought and expression, are simply that the law of England may be introduced amongst them, wit ■uch modifications as their circumstances require. And that some modifications are necessary, no one acquainted with the character and habits of this people can deny. It is impossible that the laws of an ancient and most elaborate civilization, which have gradually approached perfection through long ages of experience and amendment, can be applicable to the conditions of the moral and social position of a people recently removed from the lowest erade of barbarism. What is the use to them of the right of divorce by Bill through Parliament, or de mensa et thoro? How can the Statute of Distributions regulate the disposal of the effects of a deceased Maori thief? How may the English law define the title to an eel pa, or protect the rights of the owners of a pipi bed ? Above all, how can English law operate upon the deep-rooted superstition of " Makutu," or eradicate that most evil and disastrous custom of •' taumau" 1* It seems to be a necessity that the law should be made as suitable as possible to the circumstances of the population who have to live under its operation ; and this necessity may be easily satisfied by means of the discussions of the Maories themselves, assisted by the presence of a skilful officer of Government instructing their ignorance, and directing their deliberations. Having thus presented to His Excellency the aspect of a new people agonizing in the birththroes of order, and having adverted to the solemn obligations under which the British power is held by previous contract, and the duties which its position and Providence have called upon it to perform, let me now briefly allude to the practical and permanent benefits which would result to both races, if the designs now proposed are carried out and meet with the success which I venture to predict. I will first notice the improved state of society which must inevitably result from the habit of aelf-control caused by the constant presence of a superior power teaching restraint by fear of punishment, and encouraging virtue by the approbation of an enlightened tone of public opinion. " Few inclinations," says Dr. Johnson, "are so strong as to grow up into habits when they must struggle with the constant opposition of settled form and established customs. Many have no other test of actions than general opinion ; and all are so far influenced by a sense of reputation, that they are often restrained by fear of reproach, or excited by hope of honour, when other principles have lost their power." The missionaries converted the people to Christianity, and there their functions ended. The divine law was their duty, the human or social law is the charge of Government. And when this question has been properly solved, and the Maories are engaged with the constituted authorities in enforcing obedience to the law instead of negociating for terms when an " accident" has caused an overpoweiing necessity for governmental interference, the complicated difficulties of administering the affairs of New Zealand will be at an end. For this purpose their •ympathies must be enlisted with us, and not allowed to run astray in an opposing direction. Opportunities for gratifying ambition must be afforded, which will estrange their thoughts from constantly dwelling on the idea of a lost independence. '' In all cases we should arm one passion " against another. It is with the human mind as with nature, from the mixture of two opposites " the result is most frequently neutral tranquility." Regarded as a means of increasing the material wealth of the country and developing its resources, the question is one of equal moment. The Auckland province has simply fertile soil in moderate quantity, with timber and mineral wealth, and is altogether wanting in those rich gifts of nature, which characterise some of the Southern provinces and offer a source of rapid prosperity to the colonist, with little labour and less anxiety. Every article of export from Auckland is the product nf labour, and almost entirely of Maori labour. And now that our markets have failed, men begin to cast about for some staple article of export, which not being liable to the fluctuations so peculiarly characteristic of colonial markets, may offer a constant and increasing source of income to the Colony. Wool is geneially admitted to be this desideratum, and to the encouraging of its growth the attention of men is being gradually directed. The quantity of cultivated laud

* The betrothal of girls when children. No other custom or usage exercises so strong an effect ia retaining tho Maories in a low moral condition.

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