THE TARANAKI QUESTION.

29

E—No. 2

land, ami for the issue of Crown Grants to individuals. Even in this carefully selected body, dissatisfaction at the continuance of the contest at Taranaki was strongly expressed by various speakers : but the mode of terminating it was , not brought under the consideration of the Cotiference. A statement in justification of the proceedings of the Government was made by the Native Secretary, to which the assent of the meeting was invited and obtained. This was an unfortunate use to make of such an assembly (74). The statement of the Native Secretary was not complete, nor on all points accurate. Of the persous assenting some were old enemies of the A gatiawa ; and the greater number had no meuns of tesiing the sufficiency of the statement. An assent so given was not likely to influence the minds of men better informed and more independent. Yet the Conference did much good at the time, as a visible beginning, however imperfect, of a better system ; as the first opportunity for public and mutual explanation for stating grievances, and for devising, by common consent, proper remedies for them. The satisfaction of the Natives on this point was keen and lively. They prayed the Governor that the Native Conference should be made a permanent institution. The Native Secretary supported their prayer, and stated it to be " abundantly manifest that, in the present state of the Colony, the Natives can only be governed through themselves." The House of Representatives thereupon voted money for the expenses of another Conference, to be held in 1861: which, if it be a really representative body, will probably do much good. 17. On the 11th of August, the Conference was dissolved by the Governor. The Session of the General Assembly had commenced a few days earlier. On the 7th of August, Mr, Richmond obtained leave to bring in the "Native Offenders Bill." The Preamble of the Bill was as follows: "Whereas Aboriginal Natives, after committing offences against the law, occasionally escape to remote districts, and are there harboured by Chiefs and Tribes who refuse to deliver them up to justice: And whereas also combinations are occasionally formed amongst Aboriginal Natives for the purpose of resisting the execution of the law and for other unlawful purposes: And whereas it is expedient, in order to enforce obedience to the law in the cases aforesaid without the employment of military interference, that the Governor should be enabled to prevent dealings and communications with the Aboriginal Natives offending as aforesaid : Be it therefore enacted, &c." The Bill provided'thatit should be lawful for the Governor, by Proclamation, to declare any district of the Colony subject to the provisions of the Act. When any district should have been so proclaimed, every person who, without the written permission of the Governor, should do any one of certain specified acts, should be deemed guilty of an offence. The acts were specified in Section 3, as follows:— (1.) Who shall wilfully visit any part of such district, either by land or water, or, not being a resident thereof, shall remain therein after having become cognizant that the same is subject to the provisions of this Act. (2.) Or who shall knowingly purchase, or carry by land or water, or receive, any goods or chattels whatever the produce of such district, or the property of any Aboriginal Inhabitant thereof. (3.) Or who shall purchase or otherwise obtain any goods or chattels for the use or benefit of any Aboriginal Inhabitant of any such district. (4.) Or who shall knowingly sell any goods or chattels whatever to any Aboriginal Inhabitant of any such district, or to any person with intent that the same may be applied or disposed of for the use or benefit of the Aboriginal Inhabitants of such district, or any of them, or who shall otherwise carry on trade or commerce with such Inhabitants or any of them. (5.) Or who shall knowingly and wilfully hold any communication or correspondence whatever, directly or indirectly, with any Aboriginal Inhabitant of any such district. (6.) Or who t. hall by counsel or otherwise assist, invite, or encourage the Inhabitants of any such district to offer or continue to offer resistance to the execution of the law, or shall publish or utter in writing or by word of mouth any language calculated to invite or encourage such resistance with'intent to orodace that effect. (7.) Or who shall refuse or wilfully neglect to depart from or leave any such district within a time to be fixed by the Governor by any writing under his hand, alter having been personally served with a copy of such writing, or otherwise made awaie of the contents thereof. (8.) Or who shall aid, assist, or abet any person in the commission of the above-named acts, or any of them, or shall knowingly excite, encourage, solicit, ask, require, or induce any person or persons to commit, or aid, assist, abet, or join in the commission of any of the above-named acts. The Governor was also empowered to declare by Proclamation, that any Tribe of Natives should be subject to the provisions of the Act. The punishments for offences under the Act were, for a first offence a penalty not exceeding £100, upon conviction in a summary way before two Justices ; for a sec md offence imprisonment with hard labour for not more than twelve calendar months, or less than six, upon a similar conviction ; in case of any subsequent offence, the offender was to be deemed guilty of felony, s.tid being convicted thereof before a Court of competent jurisdiction, to be punished by penal servitude for not less than three years nor more than six. All goods and chattels of any Native inhabitants of a proclaimed district might be seized by any person authorized by the Governor. No check or safeguard was provided against the misuse of these enormous powers. No provision was made for any investigation, before any trustworthy and independent tribunal, in#> the truth of the matters offset alleged in the Governor's Proclamation, or into the legal character of the facts. We know well how imperfect the Governor's own means of ascertaining the facts would be in most cases; He would be wholly dependent on the accuracy and sound judgment of subordinate officers. These vast powers, nominally entrusted to the Governor, would be really wielded by some unseen and perhaps untrustworthy individual. Yet the Governor's facts and the Governor's law, once proclaimed, were to be accepted as conclusive and infallible. To the persons who were to be visited with heavy penalties for disobeying the Governor's Proclamation no opportunity was given of contesting either the facts or the law. No proof was offered of the Preamble. Few or no instances of the kind there mentioned had occurred recently. . 18 The Natives generally believed, not without reason, that the King movement, or the Waikato ]arv:l league, would be the first object to winch, coercion would be applied ; that the Waikato district