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with the objects of its functionaries, that no attempt has ever been made to improve the social condition of the Maories, by encouraging them to adopt some simple form of municipal organisation which, under the guidance of a Government Commissioner, but without the assumption on his part of authority, might be worked by themselves.

In one of his despatches to the Secretary of State (No. 39, dated 6th Dec., 1861), Sir George Grey states that "ten years ago (viz., in his despatch No. 121, of 30th August, 1851) the necessity of introducing simple municipal institutions amongst them was pointed out." But that despatch contains no such proposition, although in another despatch (No. 97, dated July 17, 1851) he states that by the removal of a previously existing disqualification-that of not being able to read and write the English language he had enabled them, as well as the German settlers, to vote for burgesses in English corporations, if possessing the necessary property qualifications.

In 1856 a Commission was appointed by Governor Gore Browne to obtain evidence upon the customs of the natives, on which occasion a plan for establishing native municipalities was submitted to the Commission by a very old colonist, of many years' experience of Maori character, but no notice was taken of it.

It was proposed by this plan to induce the natives to organise themselves into municipalities, by the offer of assistance and advice. Its characteristics were

To avoid the assumption of any jurisdiction, seeing that it might provoke resistance, and could not be enforced.

To avoid the use of Maori expressions, seeing that they convey ideas incompatible with the objects to be attained.

To provide such salaries as would be an inducement to the chiefs to be elected, and to make the elections annual, in order to afford the opportunity to each of the leading men to be elected in his turn, with a proviso, for the same reason, that no one should hold office two years in succession.

Each considerable tribe consisting of several sections, it was considered that the offices of Mayor and Aldermen would become objects of ambition to all the men of influence, and would enlist them and their connections in giving efficiency to the organisation.

Amongst themselves the Maories have no ideas of authority implying a right in one person to command, and the duty of another to obey. They have therefore no words to express such ideas. It was consequently considered necessary to introduce new ideas by new words, and not to perpetuate the old

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ideas by using words which only apply to the old state of things; for example, the word mayor would with them be the same as major. They know by observation that the office of major implies command which secures obedience, and they would naturally attach these ideas to the word.

By way of assistance, the Government to appoint a Commissioner, without any magisterial authority, whose office would be, to explain the necessary steps to prepare and complete in each case the proposed organisation, and to advise the persons elected how to act in the discharge of their duties: by providing Books of Record, in which the nature and circumstances of each case, and the decision upon it, should be entered in a tabular form by a clerk of their own election; the payment of salaries being made subject to the report of the Commissioner that the necessary formalities had been adhered to.

The books to be examined periodically in the most public manner, and any erroneous proceeds or decisions pointed out, with a suggestion in each case of what would have been more just and expedient.

It was from want of arrangements of such a character as these, adapted to the actual condition of the Maories, that the "Institutions of Native Government," introduced by Sir George Grey in 1862, proved so entire a failure. The appointments of ". assessors and "wardens" were seldom satisfactory to the majority. The natives knew well that these functionaries were absolutely incapable of the duties required of them by their appointment, and those who had nothing to say in their election did not feel it incumbent upon them to support them. They could see no object in giving salaries unless as a bribe to secure good behaviour; and they could discover no reason why such an inducement should not be given to them all.

With reference to the supposition that "the existing system of land-purchasing has been one main cause of suspicion and dissatisfaction in the minds of the natives, it may be observed that it is scarcely borne out by facts, as will appear from an examination of the published reports of the Land Purchase Department. From the time that the Commissioners were furnished with sufficient funds, there does not appear to have been any insuperable difficulty in effecting purchases, except in those districts which were sealed against the intrusion of the pakeha by a Land League. The opposition to the mode of obtaining land, provided for by the Treaty of Waitangi, was rather that of speculators, who calculated upon obtaining an

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DIFFICULTY OF DEALING WITH TITLE

estate on better terms by direct purchase from the natives than of the natives themselves.

In the uncertainty arising from rival claims to the same land, there could be no means so effectual in preventing disputes as the prohibition of private individuals from treating with the natives. The attempts of different individuals to deal for the same land with different tribes, or different families of the same tribe, could scarcely fail in most cases to create disputes, and in many cases be the cause of bloodshed. The proposition of a competent tribunal" to deal with native tenure ignores the fact that the decisions of such a tribunal would only be acquiesced in by the party of natives which they might happen to favour. One of the judges of the Supreme Court was sent to Taranaki in 1861, under a special Commission, to inquire into a disputed title there; but the results of that mission only supplied another proof, in an aggravated form, of the folly and mischief of assuming a jurisdiction which would not be submitted to, and could not be enforced.

Rights of so imperfect a character as those of any tribe or family of natives to land could only be settled by negotiation. They could scarcely be made the subject of jurisdiction, even if supported by authority to maintain it. The agent of the Queen could take his time in the investigation of the pretensions of the different claimants, and leave them to compromise and settle their relative rights amongst themselves. There was no resource left them but to come to such an agreement, as no purchase would be effected until all parties had agreed. There could be no other mode so effectual in preventing internecine wars, and of securing to the weaker parties a due consideration of their claims. Nor had the natives any difficulty in understanding the reasonableness of their being paid a lower price for land than it was necessary to re-sell the best portions of it for, in order to cover the expenses of survey, road-making, and other improvements, in the advantages of which the natives who sold the land participated; and it is remarkable that the passing of an Act to create a legal title in favour of the natives has failed to conciliate them, or to disarm their unconquerable suspicions. These observations would tend to show that the letter of Bishop Selwyn and his clergy has failed to make out any grievance which could furnish grounds to justify the natives in their rebellion.

Although these pages have begun to assume the dimensions of a book rather than of a pamphlet, to which it was intended to restrict them, yet the importance of the subject requires that

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some attention should be given to a plea which has been put forth, so late as 1864, on behalf of the natives, by Sir William Martin, another of their firm friends, in a paper which has been laid before Parliament.*

Sir William Martin says of the statements contained in this paper that "it may be said, with some show of truth, that this is a one-sided statement; it is in some sense one-sided; it is the setting forth of that side of the question which is constantly dropt out of sight, while the other is made as prominent as possible; yet if ever we are to see our way to a policy that shall heal the troubles of this island, we must consider both sides: our policy must be fitted to the facts as they are in truth, not as we desire them to be." But Sir William Martin's views are one-sided in an equally important sense, as he leaves out of sight the very point upon which the whole question may be said to turn. In his evidence already quoted, he says that personal confidence must be the ground-work upon which the improvement of the Maories must be built. In his present paper, he states:- "In saying this I have no intention to cast blame upon any one. It would be an ill use of our present troubles to find in them the means of assailing the characters of our public men. In fact, all such considerations would lead us away from the point to which I am looking, which is not the comparative merits of our public men in our eyes, but the way in which administration, taken as a whole, must have presented itself in the view of the natives." But in saying this, Sir William Martin seems to forget that he himself has made confidence in our public men, the very foundation upon which any healing measure must be built, the only means of disarming what he calls "our general adversary, the distrust so widely spread in the mind of the native population." This is truly the main point for consideration; for while the men whose conduct has brought on all these troubles continue in power, it may well be asked if any acts of administration can restore that confidence which, he tells us, is the first stage upon which you must proceed to build up civil institutions. The passage referred to is so important that it will well bear to be quoted a second time.

In answer to the question, "But how would you proceed to plant institutions in the first instance?" he replies, "By means of personal influence."

The first confidence must be a confidence in persons. There are three stages or periods in the course of the work. First, there is a movement in the national mind; a sense of need,

* Papers of 23d May, 1864.

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SIR W. MARTIN'S OPINIONS ON

without the knowledge or means requisite for supplying that which is needed. Then comes personal influence and guidance, giving a right direction to the movement, and gradually shaping out some institutions fitted to the circumstances. In the third stage, the institution is in operation, satisfying the need, and thereby producing confidence and attachment towards itself and towards the whole system, the whole government, of which it is a part. The true use and object of personal influence is to establish something better than itself, and more permanent."

Any view of the question which leaves out this essential characteristic must be imperfect. Ignoring this, Sir William Martin attempts to make out a justification for the Maories on the ground "that they have not, as a nation, sinned more against us than we, the superior and protecting power, have against them." The plan of the present work, which was intended to show the real cause of the distrust of which Sir W. Martin, as well as every one else who knows anything of the matter, admits the existence, will not admit of a full examination of his opinions and arguments, however much such an examination may be due to his personal character, and to the disinterestedness of his labours. Nevertheless, its object would be incomplete without showing shortly what may be said in opposition to the views he expresses in relation to the most important questions at issue-and this is of the more importance, as the statements of Sir W. Martin and the Bishop and clergy are quoted in England as decisive upon the points to which they relate. The first question examined by Sir William Martin is, "The relation of persons of the native race to the Crown of England? Are they subjects or foreigners?" On this, he says, depends the legal right of the Crown to confiscate their lands. If foreigners, their land may be obtained by conquest; if subjects, only by operation of law-that is, on conviction of treason or by act of attainder. As connected with this relation of the natives to the Crown, Sir W. Martin asks-"How far are lands holden by persons of the native race of these islands, according to native tenure, subject to the English rule of forfeiture to the Crown. The case stands thus:-No native can, in any way, enforce any right of ownership or occupation of land held by the native tenure in the Courts of the colony. The native is excluded from the political franchise, even in cases where there is in fact a right of individual occupation, on the ground that his right, whatever it might be, is not, in the technical sense, a tenement.' The native owner receives in respect of such lands from our legal system no protection; from our political system no privilege. Is he subject to the severest penalty