E—No. 5a

As to the practice of having a fixed set of Jurors, it is no doubt opposed both to the letter and principle of the " Native Circuit Courts Act." And yet, what is to be done, and by what other means can the spirit or intention of the Act be reconciled to the necessity of the case ? The fewness of the Natives meets you at every place, and the very small number of suitable men as Jurors is admitted everywhere; therefore, there can be no choice but one, unless Courts are to be held at considerable distances from each other, which again would be contrary to the design of the measure. This Act seems to have contemplated a larger population than really exists, and, indeed, a population of a different kind. Amongst tlie Maoris I would not trust any Jurymen, unless they had been drilled and trained to it, and thus gained a character for integrity and impartial dealing; as, otherwise, "trial by Jury" would but be equivalent to "trial by perjury, bribery, or family affection." In many instances the Jury would comprise the whole of the adult male population of the place; and if the selection be extended to a larger district, then there is the great difficulty of getting them together in one place at the same time. This could be met by holding the Jury Courts at more distant intervals of time, (say, once a quarter, or even twice a year would be sufficient), and by extending the jurisdiction of the Resident Magistrate and Assessors to cases of twenty pounds, instead of five pounds; inasmuch as nearly all Maori offences rise superior to the smaller sum. To put off such cases from time to time for want of a sufficient Jury, would be to throw all the business into the hands of a self-selected runanga, which would not allow such difficulties to operate. It must also be remembered that the Maori Jurors, almost everywhere, intend to be paid for their labour at so much a day; and that not as board or travelling expenses, but for what they style as the "mahiroro," or "working of the brain." This will be found rather expensive. And if two classes of men are to be chosen for the working of the two separate Acts, (supposing there be men enough), then each class must be paid equally, or the best of the members will enter themselves on the Jury list, leaving the more important work, contained in the "Native Districts Regulation Act," to those who will neither have the ability nor disposition to perform it: and so, as at present, the whole time of the people will be spent in litigation. And when it is considered that the principle of unanimity is introduced into the Maori Jury, it will be at once seen how impracticable is the intention of acting with such a body at frequent intervals, and on inconsiderable cases. If trial by Jury is so often found, in English practice, to be so unprincipled and thoughtless, what may we expect amongst the Maories, when they are told that unanimity of opinion is a necessary pre requisite to eating their supper? Whereas, if the Magistrates and Assessors were to do their own peculiar work, calling a Jury for superior cases two or three times a year, the judicial department would then be efficient; because, under a good system, the list of Assessors or Probationers would be extended, and made to include men of greater mental and bodily vigour, and moreover of about the middle age. Then, if the Runanga were chosen by the people, and established as a village Council for the purpose of the Native Districts Regulation Act, under the superintendence of the Resident Magistrate, every department ot local self-government would thus be thrown into their hands, and every further cry for Maori-kißg or Maori-runanga would be simply known as a cry £or a separate nationality. Betore I left Kawaeranga, old Riwai (the head of the runanga-maori) came and wished me to enter into his claims on the Mission Station, to the sale of which, he said, he had been no consenting party. I declined to enter on the question, and referred him to Mr. Commissioner Bell, or the Native Officer: on which he reproached me with being an " unjust judge," and wondered what I came for, &c. So that even Riwai could admit the benefit of English Law, when carried out in his own favor, though not otherwise. At Opukeho, on the River Thames, I was detained five days by a flood, and thus had an opportunity of holding protracted meetings with the people every night, (the day time being useless for such purposes), when I laid down such rules and gave such advice, as would tend gradually to break up that restless system of censoriousness and judging which makes every trifle an offence, and every offence to be visited with heavy penalties. It was near this place that a runanga-maori was called to adjudge the case of a young delinquent of some five years of age, who was brought in guilty, and fined 25., for having abstracted a cooked potato from the dinner kit before the grace had been said; and the poor mother had to pay it, too! I found that Pinehaha (the choice of his people) had been acting here as a Native Magistrate for many years; and, indeed, that he was the originator of the runanguwhakawas of these parts. Wiremu Tamehana, of Matamata, had copied such from him; but he highly disapproved of Tamehana's policy as to the Maori king, and would have no connection with the party, though often urged to do so. This very intelligent chief, lam happy to say, has lately been gazetted as a Native Assessor. During my long intercourse with these simple-minded folks, I succeeded in eliciting their own views and wishes, which were unanimously in favour of English law and good government. Higher up the Thames, I came to another runanga-maori, (no European Magistrate had before visited them), and found a remarkable determination expressed to refer all their offences for settlement to the code of the Mosaic institute. Thus, cursing, adultery, and witchcraft were to be punished by stoning, and so on throughout. And in answer to all my explanations the simple reply was, that if God had commanded it, it must be right; and that if it was right then, it could not be wrong now. As the growth of flax is so very luxuriant on both banks of the river, I promised the Runangas to recommend that the Court fees, &c, should be expended in the purchase of some portable machine to assist them in scraping it. Thus, instead of the flax being carried to the machine, it could be removed from place to place, and much useless labour saved. It was in the Thames that I first heard (what was often repeated afterwards at other places) that the good and punctual payment of Assessors is considered praiseworthy on the part of the Government; and that it would be used as a substantial argument against the promoters of kingism.

5

RESPECTING MAORI RUNANGAS, &c.