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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.

The terms of this minute were assented to by the Assembly. The condition required by the Secretary of State was satisfied by the passing; of an Act pensioning-the Crown Officials; and the Governor's conditions were accepted by both Houses and by the Ministry, though not willingly or hopefully.

Approval of Colonial office.

I call attention to the reason given by Governor Browne (in par. 3 of his despatch above quoted) for reserving the control of native matters. This reason is reproduced, as the chief among several, by Mr. Secretary Labouchere, in reply [lb. p. 461]. Her Majesty's Government, when for the first and last time for some years they spoke on the subject, said as follows:—

"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."

The main reason thus urged by the Governor and

Reasons for reserving control of natives.

endorsed by the Secretary of State for reserving of the most important functions of Government from the control of the colonists was admitted by the latter to be a sufficient reason, and because of it they submitted to the terms imposed [vide 'Minute of Ministers,' ib. p. 363]. The three parties, therefore—the Secretary of State, the Governor, and the colonists—agreed to the control of native affairs being reserved by the Imperial Government, because page 16 that Government held itself responsible for the provision and maintenance of a warlike force, should, as was always possible, the conduct of the natives require the exhibition of force.

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.

Governor Browne's plan of native government was not entirely satisfactory, even at first, to the Legislature. Very quickly it was found that serious inconveniences arose from the erection of a double government in the colony, and from the ignorance in which the Ministry, who were expected to inform the Legislature, were kept of the proceedings of the Governor's advisers and servants in page 17 native affairs. A slight change was accordingly made. [See Letters and Memoranda, ib. pp. 360, 364]. The papers respecting native affairs were now ordered to pass through the hands of a Minister, on their way from the Native Secretary to the Governor. Bat this Secretary was not to be appointed or removable by, or subordinate to, the Ministry, and was to communicate personally with the Governor. Ministers, in fact, were informed of what was being done, and that was all.

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.

That Governor Browne took every step with

Firmness of the Governor.

deliberate reference to the rule which he had laid down, is quite evident from the facts. He had fortified himself with the opinions of a large number of clergymen and others, long resident among the Maoris, to the effect that it was not safe to trust the Government of the race to a changing and indifferent body of men. Indeed, all through the negotiations with the Legislature, as well as in the practical administration of affairs, he page 18 exhibited a firmness of purpose, a careful adherence to his plan, and a consistent reliance, in native affairs, on his own opinion and on that of his chosen advisers in preference to that of his responsible Ministers, which contrasts remarkably with his complete acceptance of a constitutional position in all matters relating to the colonists. That Governor Browne planned and carried out most exactly, for several years, this most difficult system of the double government, ought to be a complete refutation of the assertion which has been made, that after all, in the serious matter of going to war, he weakly departed from his principles, and yielded to the solicitations of interested colonists. He listened to the advice of his Executive Council, as he was bound to do, but never deferred to it in native matters. Here he held himself alone responsible, and never sought to throw that responsibility on any other person. He had the firmness which springs from a clear perception of duty.

Plan re-enunciated.

It is desirable, before closing this enquiry as to the theory of native government in New Zealand, to shew that the opinions of Governor Gore Browne and the Home Government did not change during the period which followed the first few years of its practical experiment. After the session held in 1858, the last which took place before the outbreak at Taranaki, occasion arose (to be hereafter noticed) for a fresh enunciation of the principles of government. Governor Browne, in a despatch to the page 19 Secretary of State, dated 14th October, 1858, defines his practice as follows:—"I admit the right of the Assembly to legislate in the manner it thinks proper, reserving to myself the right of veto, as provided for by the Constitution Act. I retain to myself the executive and administrative part of native affairs, admitting my responsible advisers to full information, and granting them tie right to advise me, but reserving to myself the right to act upon my own judgment, when I differ from them."—[Parl. Papers, 27 July, 1860, p. 19.] This is the announcement of the constitutional relations between the Governor and the colonists in native affairs, made by the Representative of Her Majesty's Government in the colony, after two years' experience of the actual working of those relations; and it must be carefully noted that no innovations had crept m during; the period. Nor did the Imperial Government

And re-confirmed

yet see reason to alter its mind. Lord Car-narvon, writing for the Secretary of State in reply to the Governor, on the 18th May, 1859, states his conviction to be, not that the colonists had not both the desire and the capacity to advance the well-being of the natives, but that—" circumstances do not yet justify the Imperial Government in abdicating the responsibilities which at present rest upon it with regard to that remarkable race."—[lb. p. 171.] In the same despatch he proceeds:—

"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.

I have dwelt at length on this period, because here are to be found the main facts which must determine, not only by whom, but how, the natives of page 21 New Zealand were governed for some years before the late war, and which therefore can alone fix a real responsibility, whether incurred technically or morally, for the outbreak and its consequences upon anyone.