page 21

Chapter III.

The candid inquirer having now arrived at as definite ideas as he could reach with regard to the origin, customs, polity, and rights of the aboriginal race, and of the modifications thereof and the new practices introduced up to the time of the establishment of the Colony, would stop for a while to consider the leading features which ought to characterize the policy of a wise, far- sighted, just and humane Sovereign in establishing a Colony among such a people.

And surely, if extermination of the aboriginals was to be guarded against and their interests kept steadily in view, the fusion of the two races into one people, with one language, one religion, one government, one body of laws—with common rights privileges, and duties,—ought to be the great object of such a policy. The cumulative experience of other colonies and dominions of the British Crown seems to have established, beyond doubt, that coloured races kept separate and distinct from the British race in the same territory always deteriorate and diminish. But, inasmuch as an attempt to force European and English habits, laws, observances and duties, immediately and suddenly, upon such a people as the Maories, must necessarily defeat its own object, provision must be made for a transition period during which the indispensable preparatory pro-cesses for the ultimate fusion of races, and for the complete development of British Government and British institutions throughout the whole Colony and population, must be prosecuted with vigour and discretion.

To establish a Colony in New Zealand on the understanding and with the view that the two races should be prevented from fusing themselves,—by guaranteeing to the Natives the maintenance of their own old barbarous customs, which would effectually prevent the development of commerce and civilization among them, would deprive them of many of the advantages to be derived from the colonization enjoyed by the Europeans, and page 22 would arrest them in that upward career, physical, intellectual and moral, on which they had already entered, would surely have been contrary to humanity, justice and wisdom.

To deal with them as if they were, and were to remain, an independent people, on an equal footing with the English Crown, and only to be bound by treaties of alliance for mutual convenience in the joint occupation of one geographical territory, would be simply ridiculous. They were not, and could not be, in any such sense as to make such an arrangement rational or possible, an independent people. They had no common bond of union. Each tribe had such independence only as it could keep by its own tomahawks or muskets; and all that could have been meant by the recognition of the independence of the Flag-tribes, was that England did not claim a right of sovereignty over them, but abandoned all such claim as it had formerly assumed.

But now the time had come when it was manifest to Settlers and Maories and Ministers that this independence must cease; that the Maories wanted the protection of British laws and British power against British Settlers; and British Settlers wanted justice and British Government among themselves and against Maories; and a wise, humane and just policy suggested that the British Crown should make some such proposition as this to the Maori people of New Zealand :—"Englishmen are settling in great numbers among you; they are purchasing land from you; they often cheat you. As they increase more and more in numbers, you will be more and more exposed to their dis honesty, and more and more at their mercy. You know what you have already gained, and may guess how much more you may yet gain by the commerce and the arts that have been introduced by Englishmen among you: you begin to feel a want of protection for the pursuits of peace, and to be aware of the folly of constant wars. If, then, you will give up all pretence of independent sovereignty, and become subjects of the British Crown on the same footing and terms as its other subjects, you shall have substantially all the rights and privileges of British subjects, that is, protection for life, limb, liberty, property and character; and, more especially, your beneficial interest in the land to which you are so attached—your lawful possession of it—shall not be interfered with against your will, either by Europeans or by Maories not having any superior right to it. In fact, the land which you—each tribe or individual—formerly held subject to the chance of its being taken from you by a stronger tribe, you shall now hold under the page 23 protection of the British Crown. Your interest in it will now become permanent and fixed. But you shall be at liberty to dispose of what you do not want;—that is, when all persons beneficially interested in land are willing to dispose of it, they shall not be prevented from doing so by the interference of others. You are really giving up nothing except rights of sovereignty which you did not formerly possess, either aggregately or separately, in any definite form. You are only promising obedience to the laws which are to be the guarantees of all your rights, and are to give you wholesome and elevating substitutes for your old, vague, barbarous, and unsatisfactory usages."

In carrying out these principles and performing these promises in their true spirit, it would be necessary to have respect to the feelings and prejudices of the people, and not to introduce even the most important and advantageous institutions in a way to create antagonism and to excite apprehension. Thus, although the individualization of property both movable and immovable would be a necessary step in civilization, and necessary to give the Maories all the rights of Britsh subjects; yet it might not be desirable, in the first instance, to give a private member of a tribe a right to alienate his own beneficial interest in the land which he occupied—out of the tribe, without their consent, because the tribe might, till a later stage in the process of amalgamating the races, feel vexed and jealous at seeing Europeans sitting down on land interspersed among the occupations of the tribe. By degrees, however, the Maories would practically learn that this was a real good instead of a disadvantage.

One of the most important, perhaps the most important, feature of a wise policy would be, to educate the then rising and the succeeding generations with a special view to the fusion of races; teaching them, as the first and greatest preliminary, the language of the civilized people. The translation of the Holy Scriptures into the Maori tongue was an indispensable step towards the first Christianizing of the Natives, but the use of the Maori tongue at all in the education of Maori children after the establishment of the Colony would be contrary to good sense and a wise policy. It would be tending rather to shut, than to open, the gates of knowledge and civilization, to the rising generations, and to postpone the great and noble work of making from the two races, one Christian, civilized, English-speaking people, partaking in common of the benefits of British rule, British institutions, British commerce, arts and literature. In this matter, a page 24 British Government ought to act paternally, using the best means of persuasion, and other incentives, if need were, to insure the general or universal education of Maori children in the English language.

In the department of Justice, the administration of the Criminal law should be introduced at once when and where there was power of carrying it out without resistance, and where it was understood. Homicide, malicious injuries, and knowing violations of such rights of property as should have become fully intelligible to the Natives, ought at once to be put down by the Criminal Courts—the administration of justice itself being rendered a means of education, and affording a strong practical proof of the sincerity and truthfulness of the British authorites in their original professions. During the transition state, the less formidable violations of the rights of property might be dealt with with some reference to the Maori doctrines of compensation. As regarded Civil suits among themselves, it would be some time before the Maories would find their way on such matters into English tribunals,—but when they had done so, justice would require that, during the transition state, Maori customs should be taken into consideration in determining the rights or duties of Maories as among themselves, till at length the time should have come when, by the increasing amalgamation of the races, the Maories would be affected with knowledge of the British laws, and must be taken to have acted and contracted with respect to them.

Though the institution of slavery still existed to some extent, the law ought to make no distinction, as to its protection, between freeman and slave. The murder, or violent ill treatment, of a slave should be made the subject of criminal punishment; but there would be no just reason for granting to slaves in occupation of lands by the sufferance of their captors or owners, any rights to such lands in derogation of the rights of those who suffered them to occupy. In the transition state, besides protecting the lives and persons of slaves, there would be little necessity for interfering between them and their former owners; and it might be expected that on intertribal wars ceasing, and Christianity developing itself, slavery would gradually disappear altogether; there never having been any custom of external traffic in slaves between the Maori tribes and strangers.

While the Native population were thus from the beginning put in possession of the broad rights and privileges of British subjects, and made amenable to the Criminal law, and such other laws as they should gradually come to understand, they would be page 25 acquiring the intelligence necessary for enabling them to exercise privileges granted to, and duties imposed upon, certain sections of British subjects, such as the right of taking part in the election of legislators, and the duty of assisting as jurymen in the administration of the law. As long as any reference to Maori customs was admissible in the administration of justice, or to define rights and interests for the purpose of the acquisition of land held by Maories, it would be necessary to have some tribunal with a Maori element in it which should ensure the best information and judgment upon the customs and understood rights of the people.

In order to protect the Maories themselves against the rapacity and dishonesty of European speculators, as well as to establish a system of land titles uniform, simple, and practical, the British Government would insist that all its European subjects should take their title to land through the Crown, and also that those Maories who should buy lands after the settlement of the Colony should do the same; facilities being further given to the Maories to define their own lands and get Crown titles for them. To carry out this system a right of pre-emption, or rather of exclusive original purchase, should be given to the Crown.

In the exercise of this right the Crown would give to the Maories such sums as they should be willing to take and as should be reasonable under all the circumstances, reserving for itself the right to sell the same land again to any purchasers, either European or Maori, with the additional advantage of a title to it by Crown Grant, at such advanced price as would leave a revenue to the Crown to be devoted to the purposes of good government, and the promotion of the common interests of both races.

Of this, as of other branches of the revenue, a due proportion ought to be devoted to the special purposes of Maori civilization. Improved cultivation of lands, improved dwellings, improved personal habits, ought to be encouraged by precept and example, by pecuniary and other assistance.

The character and feelings of the people ought to be thought of especially during the transition state. They ought to be protectected against temptations to fall into bad habits of Europeans, such as intoxication, and to relapse into habits of quarrelsomeness and violence such as would be fostered by the acquirement of arms and ammunition. They ought to be made gradually to attain to such confidence in the law, and in the honesty of the Government, as to consider the acquisition of means of defence page 26 or attack against or upon their European neighbours as unimportant and unnecessary.

The higher families and Chiefs, those who had formerly enjoyed the greatest estimation and respect, ought to be treated with marked distinction and consideration, and in every legitimate way conciliated; so that they might feel their real loss of influence as little as possible, might not lose their self respect, and might be heartily inclined to use all the influence still left to them in the promotion of the objects of the Government. The Chiefs themselves would not appreciate this tribute to their hereditary and personal importance, more than the mass of the common men of their tribes would do.

Tribes having common occupation of lands and individuals (if necessary, with the consent of their tribes) ought to be encouraged to sell as much land as they did not require for their own usufructuary purposes. But they ought not be encouraged to denude themselves entirely of all interest in land, inasmuch as persons formerly possessed of land, after selling the whole of it and expending the purchase money, might be discontented, might lose their self respect, become turbulent and troublesome, and finally have recourse to lawless practices, and establish a "dangerous class" in the community.

Firmness combined with conciliation; action, legislative and administrative, founded on fixed principle, and never at variance with such principle, though tender and sensitive to the prejudices and circumstances of the people; a treatment during the transition period such as a wise, just, humane and experienced parent would adopt towards children who had been left theretofore without parental care and subject to evil influences, would be the leading characteristics of a policy which should redound equally to the true well being of the Maori and to the lasting honor of the British people.