The Pamphlet Collection of Sir Robert Stout: Volume 10
Memorandum
Memorandum.
(a.) In explanation of paragraph No. 1, the Governor of course reserves to himself the same constitutional rights in relation to his ministers as are in England practically exercised by the Sovereign.
(b.) In further explanation of the same paragraph; he intends by the term "matters under the control of the Assembly," all matters whatever relating to the government of the colony not referred to in paragraph No. 2.
(c.) In explanation of paragraph No. 2, the Governor refers to Clauses 19, 20, and 21 of the Royal Instructions accompanying his Commission, which oblige him as a general rule to take advice in all matters with his Executive Council. He considers such rule as applying to the subjects referred to in paragraph No. 2, and he will not object (having the Queen's sanction to that effect) to limit the members of the Executive Council to his responsible ministers.
(d.) In explanation of the 4th paragraph, the Governor would observe, that he feels no objection to the House of Representatives defining the specific lands to be purchased, it being, however, understood, that it is not to be com- page 14 pulsory on the Governor to make purchases, if in his opinion political reasons render it inexpedient to do so."
Assent of colonists to plan.
Approval of Colonial office.
"After the best consideration which they can give to the subject, Her Majesty's Government approve of the principles by which you propose to conduct yourself in relation to the affairs of the natives, and which they find laid down with sufficient clearness in your Minute of the 15th April last, and the Memorandum annexed. They consider that, notwithstanding all the respect due to the principle of responsible government, the management of native affairs should remain for the present mainly in the hands of a Governor responsible for it to the Crown. They are of opinion that the circumstances which justify this decision are the terms of the Constitution itself, which withhold this subject in great measure (as regards the land dealings) from the control of the Local Legislature, to which the Local Executive is responsible; the still subsisting or apprehended danger in certain parts of New page 15 Zealand; the necessity arising from this danger for maintaining in the Colony a large force at the expense of the mother country, a force of which the discipline) control, and application must remain in the hands of the Governor, as a servant of the Crown; the large amount of the native contributions to the local revenue (as shown by yourself), while from unavoidable circumstances they remain almost unrepresented in the Legislature; and the fact that the mass of the native population is found in one or two provinces only, while the greater part of the European community, with preponderating influence in the Legislature, has in reality no direct concern with native affairs.
"You are therefore fully authorized to act, until further instructions, on the principles there laid down, and assented to in April last by your responsible advisers. If you should at any time find it in your power to carry into effect the provision, of the Constitution for setting apart native districts, it is plain that a considerable step would be made towards the solution of this difficulty. But this is not a subject on which Her Majesty's Government feel themselves justified in prescribing any course to you, as your conduct must needs depend on local circumstances."
Reasons for reserving control of natives.
I am bound to express my conviction, one in which a great number if not all of the colonists have agreed, both before and since the war, that this reservation was a most unfortunate act, highly injurious to all the three parties to it. The action of the Colonial Ministry has been all along a standing-protest against its adoption and continuance. But this point must be considered separately.
As Mr. Secretary Labouchere had a short time previously (on the 28th November 1855) written a despatch [lb. p. 451] requiring the colonists to provide such additional means as might be needed for their own defence, and repeated this caution in the later despatch first quoted, it seems evident that he contemplated as possible a necessity for employing additional troops against the natives for other objects than the defence of the settlers. If he did, his foresight has been entirely justified.
Plan modified.
At this time, also, the office of Native Secretary was combined with that of Chief Commissioner for the Purchase of Native Lands, and the two departments were more or less amalgamated. This combination was made by His Excellency, owing to the high qualities of Mr. McLean, who previously held the latter office only; but it is certain that it resulted injuriously to the cause of law and order among the Maori race, by presenting the Crown to them chiefly as a bargainer for their land.
Firmness of the Governor.
Plan re-enunciated.
And re-confirmed
"If, indeed, the Imperial Government were prepared to depart from the arrangements already sanctioned, and to page 20 transfer the management of native affairs from the Governor, acting under instructions from this country, and through a staff of permanent officers, to an officer responsible to the colonists, and changing with the Government, it might he considered that the system of land purchase from the natives was to be decided upon by colonial and not Imperial authority. But this view of the subject I am not able to accept. Her Majesty's Government wish to give the fullest effect to the system of responsible Government, and to leave all questions of domestic and internal interest to be decided by the Colonial Government; but they cannot, either for the sake of the colonists or for that of the natives, or for Imperial interests, surrender the control over native affairs, the administration of which has been, up to the present time, considering the difficulties and intricacies of the subject, crowned with a very remarkable success, and is paving the way towards that complete civilization and consolidation of the native race with the English colonists, which Her Majesty's Government, not less than the local Government, desire to see effected. And whilst Her Majesty's Government feel themselves constrained to justify to Parliament the large expense which every year is incurred for the maintenance of a military force in New Zealand for the defence of the colony, and for the better control and regulation of the native race, they must retain in their hands the administration of those affairs which at any moment may involve the employment of those troops, and the consequences of an expensive conflict."
[lb. p. 173.]
Importance of foregoing facts.