REPORT OF THE WAIKATO COMMITTEE.

engaged on the side of the Government. They were disappointed and humiliated at the sudden abandonment of their undertaking. In the Maori phrase they felt tinihangalia; in plain English, " humbugged."* Many of them joined the King party, and this, amongst other causes, has tended to irritate and give a more malign aspect to the King movement itself. The appointment of Mr. Turton, after a long interval, and subsequently of Mr. Halse, as Magistrates in the district, does not appear to have been attended with any marked result. These gentlemen were confined merely to performance of the Magisterial duties, to the entire exclusion of those more important functions which it was especially Mr. Fenton's mission to execute, the organization of the Natives into a self-govern-ing system, and their instruction in the elements of law. One prominent objection urged by the Native Secretary, Mr. McLean, to Mr. Fenton's system is to that essential feature of it, the Runangas or popular assemblies of the Natives, Mr. McLean apprehends from them danger to the peace of the Colony and social mischief to the Natives ; at least from their distinct organization and too frequent use. But, apart from all general theories on the subject, this sort of popular meeting is perfectly familiar to the Native mind ; is, in fact, an old Maori custom ; has been and is, at this time, in constant and universal use, though in irregular forms and sometimes turned to dangerous purposes. It is, besides, the only mode by which an improved system of social institutions can be introduced amongst the Natives for their voluntary acceptance. Properly organized and placed under the control of Government, Your Committee balieve that the Runanga would become a great instrument of civilization, a powerful means of securing order, and ft machinery for facilitating the administration and disseminating the principles of law. Your Committee observe that towards the end of the year 1857 a change took place in departmental arrangements, by which Mr. Fenton was removed from the control of Ministers and placed under the Native Secretary, between whom and Mr. Fenton there was a want of that spirit of cordial co-operation, which alone could ensure the success of his proceedings. In fact, there does not appear to have been correspondence of any kind from that time between Mr. Fenton and the Native office. As no fault has been attributed to Mr. Fenton, your Committee feel themselves bound, as far as in them lies, to relieve him from any unfavourable inference which might be drawn from this circumstance. His immediate appointment as Assistant Law Officer, at a higher salary, is indirectly a testimony to this effect. But that most important defect in the arrangements which have been in force of late years for the administration of Native affairs, becomes glaringly apparent in the circumstances attending his removal and the suspension of his operations : namely, the entire want of harmonious action between the Ministry and the Department of the Native Secretary. The official minutes and memoranda, (amongst which, in particular, Your Committee direct attention to the memorandum of the Native Secretary recommending that Mr. Fenton should confine himself strictly to his magisterial duties, and the memorandum of the Colonial Secretary thereon,) exhibit, in a very striking light, not only fundamentcl differences of opinion on vital questions, but a state of inter-departmental conflict which would be fatal to the success of any administrative plans for ameliorating the condition of the Natives. Your Committee do not think they have exceeded the proper limits of their enquiry, in directing their attention to the question of attempting, at the present time, to re-introduce a system such as Mr. Fenton's. They believe that the only solution of oar difficulties lies in meeting, directing, and effectuating the desire of the Natives for the establishment of law and order. The difficulties necessarily incidental to such a work are, as Your Committee admit, great in themselves, and are much increased by existing circumstances. There may be even some risk in the attempt. The impolicy of encouraging combinations, the risk of stirring up ill-blood and quarrels between parties or tribes, the diversion of the Native mind into channels of unhealthy excitement, and other arguments of a like character, are and will be urged in defence of a policy of mere sedatives. In the opinion of Your Committee, they are not sufficient to counteract the opposite considerations already noticed. In urging the necessity of providing some settled system of law and governmental authority amongst the Natives, whenever and wherever practicable, Your Committee desire emphatically to express their opinion, that what is wanted, is not merely to establish Magistrates to perform ordinary Magisterial duties, but to prosecute vigorously and effectually the education and instruction of the Natives, so as to fit and accustom them, under European guidance, to take part in the administration of law, with a view to incorporate then into our own system of Civil Institutions, giving them the utmost possible share in the work of their own government. The preponderance of testimony adduced, leads to the opinion that any such attempt would be hopeless whilst the war at Taranaki is pending; but that special difficulty would principally exist in the case of tribes actually involved in the war, and of tribes closely connected with them. It is said by some witnesses of authority (though Your Committee hesitate to express an opinion on the point) that in the Lower Waikato the attempt might even now be made with success ; and, if judiciously prosecuted, would be attended with beneficial result*. This question, however, depends so much on circumstances and considerations with which Your Committee cannot pretend to intimate acquaintance, that they can only recommend the matter to the serious consideration of the Government. C. Hunter Bkown, Chairman, House of Representatives, 31st October, 1860.

♦ See Questions 593, 741, 742, 851, and 85a.

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