A,—No. 1

50

DESPATCHES FROM THE GOVERNOR OF

agreed from the beginning, that under the peculiar circumstances of this country, no capital sentence should be carried out against Natives convicted only of having carried arms against the Queen. Accordingly, all the sentences, with three (3) exceptions, will be certainly commuted, according to the degree of guilt of each individual, to various terms of imprisonment. The three exceptions referred to are those of Hauhaus convicted of treason and rebellion, and found in addition to have been concerned in cruel murders of unarmed men (Europeans or friendly Natives), and of women and children; or in other heinous atrocities, generally abhorred by the Maoris equally with the Colonists. In these three cases, or at all events, in one or two of the worst of them, the law will probably be allowed to take its course. However, the final decision on the report of the presiding Judge cannot (in pursuance of the regulations prescribed in the Governor's Commission and Instructions) be pronounced until after the formal meeting of the Executive Council, which will be held next week. It cannot, consequently, be communicated to your Lordship by this month's mail, which leaves Auckland this day. 1. It need scarcely be said that in any capital executions the aggravations peculiar to sentences for treason will be remitted. Mr. Justice Johnston is of opinion that, in the present condition of the Statute Book, he was bound to pass sentence in the following terms :—" You shall be drawn on a hurdle to the place " of execution, and be there hanged by the neck till you are dead; and afterwards " your head shall be severed from your body; and your body shall be divided into " four quarters, which may afterwards be disposed of according to law." The Judge, with my sanction, stated on each occasion that this sentence would not be carried out in its terms. With regard to this point, I request your Lordship's attention to the following paragraph, which has appeared in one of the leading journals of New Zealand :—" It is a matter of regret to almost every member "of the community, that the necessity of pronouncing sentence after the " old form established by English law, had not been removed by legislative " enactment. Our civilization revolts from the parallel which may be drawn " between the horrible mutilations of their victims by the Maoris, which we so " emphatically denounce, and the sentence of barbarous mutilation after death to " which the law deliberately consigns those condemned for the crime of high " treason. This was evidently felt by the Judge whose painful duty it was to " pronounce the sentence, and he took care to explain to the condemned that " such part of the sentence would not be carried out. Nevertheless, soften it as " we may, it gives a handle for recrimination which we would fain avoid."* 5. Mr. Justice Johnston has written to me that, with the exception of the unfortunate circumstance alluded to above, the general result of these trials has been, in his opinion, " most satisfactory;" and that "they will prove of great " service to the Colony, as showing the true intentions and objects of the rebels, " and silencing the calumniators of the Government and of the settlers in respect "of their treatment of the Hauhaus. . . . The real nature of the West Coast " rebellion has been made manifest —Te Kooti's professed object clearly having been " to exterminate the adherents to the Government of both races, and to enjoy the " plunder.! Mr. Justice Johnston further writes that the prosecutions were very well conducted by the Attorney-General on behalf of the Crown; that the prisoners were very ably defended by the counsel procured for them at the expense of the Colonial Government; and that the general demeanour of the jurors left nothing to desire. 6. I will transmit by the next mail full official documents, and details respecting these important trials, and a report of the final decision of myself and my Ministers on the fate of the three most guilty criminals. Meanwhile, I beg leave to submit that the above-mentioned facts and opinions, as stated by the experienced Judge who presided, would of themselves be sufficient to justify the objections raised by me and others to the proposals made a short time ago for superseding the Supreme Court of the Colony by the establishment of Courts-Martial and other special and extraordinary tribunals for the trial of Maori prisoners. To

* Wellington Independent, October 2, 1869. t Compare tho emphatic language on this point used by Mr. Justice Johnston in his Charge, transmitted herewith (see the Enclosure).