A.—No. 1.

82

DESPATCHES FROM THE GOVERNOR OF NEW

Rules in purely Native Cases. 18. In cases between Maori and Maori, there is still more room for departure from our English system. For here, in the first instance at least, our object is to get some law established and obeyed— the substance of law rather than any particular form of it. Here we should bear in mind that the old usages and ways of thinking of a people cannot be changed all at once, and that the laws of England, venerable and useful as they are, are not part of tho laws of nature. The fitness of a law depends largely on time and place and many circumstances. At different stages of our own history, our laws have varied greatly. The English Commissioners on Criminal Law say justly, (7 Report, p. 92,) " Penalties being a positive institution, vary exceedingly in different nations, and even in the same country at different times, according to a great variety of circumstances and opinions. According to the Mosaic, and also according to the Romau law, the crime of theft was punishable by compelling a pecuniary compensation to the party injured; by the ancient law of England, the crime of theft, where the thing stolen was above the value of 12d. was punished with death. At the present day the maximum of punishment is transportation for seven years." Even since the date of that report, another important change has taken place. There is uo reason then why the usage which has grown up in Maori Districts of punishing theft and other criminal acts with a fine, (over and above compensation, in cases where restitution is not possible,) should not for the present be retained. The power of imprisonment should be reserved in aid of that usage, and not used instead of it. It ought to be remembered that our English system has been throughout its growth singularly indulgent and tolerant towards special and local customs. The progress towards uniformity of law and procedure has been very slow, and in England itself at this day there is nothing like a complete uniformity. If we are to determine what is English by reference to the history and practice of England, it may safely be said that nothing is less English than an attempt to force one system upon all persons at once, without regard to their different circumstances and degrees of preparation for it. By the Acts passed in 1848 for regulating the local affairs of Native Districts, and for the administration of justice in Native Districts, the Legislature of the Colony has fully sanctioned the principle of modifying our own rules aud usages so as to suit the peculiar circumstances of the Native people. District Council. 19. This brings us to the consideration of the constitution and powers of the District Council itself; the only body in the district which will exercise functions of a legislative kind, that is to say, the function of making rules and regulations for the district and that of appropriating the yearly income of the district. In this part also wo should conform, as far as circumstances may allow, to English modes of proceeding. This Council then should not consist, as has been proposed, of magistrates and officers sitting there in virtue of their offices. Such a constitution, besides being an un-English one, would tend to keep up that existing confusion, of which we have spoken, between the two distinct functions of making and of administering law. Moreover, it will not probably happen that the favourite orator of a village, and the man best qualified to be a magistrate, will be one and the same person. The Council should then be elective. To make it elective the machinery is ready to our hands, and most simple. All persons on tho jury list of each village are to be deemed electors. A set of villages grouped 'ogether, according to local convenience, form one electoral district. It will probably not be found necessary to call this Council together more than once or at the most twice in the year. The occasion of its meeting should be made a sort of festival. A moderate sum might usefully be contributed by the Government in aid of the cost. By holding the sessions of this Council in the several Court Houses of the district in succession, the burthens and the benefits of tho system might be equalised throughout the district. Such a District Council may (as has been proposed) continue in office for a term of four years. As to the two kinds of business which will belong to this Council—the former, namely, the business of framing bye-laws or special regulations for the district, may well be reduced within narrow limits; for such regulations as will be absolutely necessary, may, for the most part, be laid down beforehand, and amendments will be needed only occasionally. But it is a great matter to provide for such bodies a regular supply of practical business simple in itself, yet of such a kind as to interest many persons. This kind of business will be supplied by fhe general superintendence of the lands appropriated for endowment, and the appropriation of the income to be derived from these lands, in conformity with the rules framed by the Council and assented to by the Governor. Also the fines and fees coming ia from the several Native Courts would be disposed of by the same authority for the benefit of tho district, subject to the like assent. So the contributions to bo made in labour or materials towards buildings and other works for the benefits of the district, in return for Government aid in money, should be made a matter for discussion and arrangement by the District Council. H business of such a kind be transacted in an orderly and becoming way, the District Council will be a valuable means of Native education and advancement. The experience of Bishop Williams in the sessions of his Diocesan Synod at Turanga, suffices to show that a satisfactory result may be expected, wherever the like pains are faken. It might be well to let the panel, from which the Members of the Land Court are to be taken, be subject to some sort of revision by the Council; which would cause the operations of that Court to be felt as more authoritative and binding. The proceedings should be opened by an address from the Civil Commissioner; but a Native should preside during the discussion, to be aided and advised (if necessary) by the Commissioner. It is of importance to find in our system positions of honor, such as the leading men of the race may be willing to accept. Book of Laws. 20. At this time we are requiring the Natives of this Island to submit themselves to the laws of England, and are assuring them that if they do so they will receive therefrom protection and manifold