Technical Responsibility for Native Government.—theory of Separate Administration.

The first step towards determining who and

Distinction between native and colonial Government.

what caused the native war in New Zealand, and whose page 6 the conduct conclusion and cost of it ought to be, will be to consider what has been hitherto the machinery of Government in the colony. To do this I shall venture to trouble you with a brief recapitulation of our political history from the date of the Constitution to the present day. In the course of this recapitulation, I shall shew that the colonists themselves have been entrusted with the administration of their own affairs, and their own affairs only; and that the Imperial Government has distinctly and jealously retained all along' in its own hands the control of the native population. I shall more especially point out that this has been no mere theoretical distinction, but a most practical division of administrative government. I shall be the more careful in insisting upon this last point, because I am aware that many persons admit the nominal existence of the distinction, while they slight its importance, and avowedly treat an appeal to it by the colonists as an unhandsome recourse to technicality for the evasion of their legitimate responsibilities.

intention and effect of Constitution act.

The Constitution Act of 1853 conferred full powers of local self-government upon the settlers of New Zealand. It contains express provisions for the benefit of the Maori race, and treats them as a people apart from those on whom the rights of self-government were conferred. One provision of the kind, amongst others, reserves to her Majesty the power of declaring at pleasure "native districts," within which the laws and customs of the page 7 aborigines shall remain in force, i.e.:—in which the acts of the Legislature shall be inoperative. Further, a property qualification excludes almost every Maori from the franchise. It follows that, though a Maori might qualify himself for the franchise, and though the acts of the Legislature run nominally all over the Colony, practically it was provided that the Maoris should not govern themselves, and intended that they should not be governed by the colonists. Further, by the reservation of a sum of £7000 on the Civil List for native purposes, a separate government of the race was rendered possible.

But this is not all. It will be said that, whatever may have been the intention of the framers of the Constitution, yet, in fact, the whole power of Government was, by consent of the Imperial authorities, assumed and exercised by the colonists. This was by no means the case. All the functions of administration have been carefully reserved and exercised by the Home Government, as I shall proceed to shew.

During a period of more than 18 months after the

Interval of no-Government.

coming into operation of the New Zealand constitution—a period of the greatest importance in the political history of the colony—Her Majesty's Government left vacant the office of Governor of the Colony. The administration of all affairs, both European and Maori, was conducted by the senior military officer and the permanent officials of the old regime. The colonists asked for the concession page 8 of ministerial responsibility for the management of their own affairs: but this concession Colonel Wyn-yard found himself without power to make. Without this, the mere existence of an elective legislative body was not, it must be admitted, real local self-government: and if not self-government by the colonists in their own affairs, how much less a government of the native race, for which there was no necessity to take votes of money, and in whose case even laws solemnly enacted might be set aside at pleasure.

A condition imposed by Home Government.

Governor Browne found that the claim for the Government, establishment of responsible government had been admitted by the Home authorities in a despatch page 9 from Sir George Grey, then Secretary of State for the Colonies, to the acting; Governor, dated 8th Dec. 1854, [Parl. Papers, N. Z., 30 March, 1855, p. 39,] in which is disclaimed "any desire to propose terms or to lay down restrictions on your assent to the" measures which may be necessary for that object, except that of which the necessity appears to be fully recognized by the General Assembly, namely, the mating-provision for certain officers who have accepted their offices on the equitable understanding of their permanence., and who may now be liable to removal." Nor in any other despatch is a reservation suggested on the subject of native affairs.

Governor Browne was therefore not compelled to

Plan of double government first proposed.

make any exceptions, when entrusting the administration of the affairs of the Colony to his new advisers. But he did make an exception. He had time before the meeting of the Assembly to mature his opinions and obtain a personal knowledge of the circumstances of the Colony, by a tour through the provinces. Thereupon, on the 14th of February, 1856, two months before meeting the Assembly, he wrote a general report of the state of the Colony, [Parl. Papers, N.Z., July, 1600, pp. 184-7,] and explained his opinions and intended policy on several subjects. After describing the circumstances from which causes of dissatisfaction between the races might at any moment arise, [§ 30-35,] and which would require, as he said, the utmost circumspection and the most careful management, His page 10 Excellency added, (§ 37,) "I shall view with apprehension and object to any attempt to alter the provisions of the 78rd Clause of the Constitution Act, or to bring" the powers therein entrusted to the Governor, in any way under the control of the Assembly,"

"The view I have taken of the relation which ought to exist between myself and my responsible advisers (when they take office) is, that, as these gentlemen are responsible to the Assembly, I should be guided by their advice in all matters under the control of that body, even when I differ from them in opinion. On matters affecting the Queen's prerogative and imperial interests generally, 1 should receive their advice; but when I differ from them in opinion, I should, if they desire it, submit their views page 11 for your consideration, but adhere to my own until your answer is received.

"Among imperial subjects I include all dealings with the native tribes, more especially in the negotiation of purchases of land. My responsible advisers would probably fix the amount to he expended in any one year in the purchase of land; but at that point their interference should cease.

"The Governor alone is responsible to Her Majesty's Government for the tranquillity of the colony, which would be endangered even by the ordinary and inevitable change of opinion consequent on a change of my advisers. It is also necessary to observe, that though I might be judiciously advised by gentlemen who have lived among the natives, and had experience of their habits and feelings, I should also be liable to advice from gentlemen of great influence-who have never resided among them, and from others whose known opinions would, if acted on, plunge the country into war or inextricable difficulties.

"If my views are correct, it is evident that the Chief Land Commissioner and his subordinates must take their orders from me alone. My late Despatches will have satisfied you that in all dealings with the natives the utmost caution and the most careful management are necessary; and if the power of interference with them is confided to gentlemen liable to the pressure of public opinion, and whose tenure of office is dependent.on the confidence of a public assembly, it will be impossible to foresee the result."

On the meeting of the General Assembly hi the

Statement of plan to Assembly

following month (April, 1856), the Governor addressed himself at once to the organisation of an Executive Council, composed of gentlemen respon- page 12 sible to the Legislature. At once he placed in their hands the following; minute, [lb. p. 209], which is identical in terms with the despatch last quoted:—