The Pamphlet Collection of Sir Robert Stout: Rare Volume
The Case of the War in New Zealand. — Section I.—History of Events
The Case of the War in New Zealand.
Section I.—History of Events.
The quarrel now unhappily existing between the Government and some of the natives originated in a dispute concerning the sale of about 600 acres of land. The land in question is part of a territory known as the Taranaki territory. It lies immediately south of the river Waitara. On a portion of the Taranaki territory, purchased from the natives by Governor Fitzroy, stands the town of New Plymouth.
1 Papers on the Taranaki Land Question, presented to both Houses of the General Assembly. E, No. 2. Nos. 1, 2, 3.
2 Ibid. No. 7, pp. 6, 7.
3 Ibid. No. 2, p. 3. See also Mr Richmond's Speech in the House of Representatives, Aug. 3, 1860, New Zealander, Aug. 8, 1860, p. 5, col. 4. Also Mr Gillies' Speech, Ib. p. 6, who asserts, without contradiction, that the disputed block of land is within the boundaries assigned by the deed, to which King or Witi put his signature. Mr M.Lean asserts that, though some of the natives may not have fully understood these transactions, King, who was more intelligent than the rest, and took an active part in the whole concern, understood it well. Evidence before the House, Paper E, No. 4, p. 16.
1 Despatch of Governor Hobson to the Secretary of State, 13 Dec. 1841. Papers as above, E, No. 2, p. 5.
2 Evidence of Mr Commissioner McLean. Further papers, E, No. 4, p5.
3 Papers, &c. E, No. 2, p. 5, No. 6.
For some reason or other, probably from difficulty of enforcing it, this decision of Sir Geo. Grey's was never acted upon. On the contrary, the Governor thought fit to acquiesce in the assertion of proprietary rights by the ancient occupants: and the precedent thus set has not been departed from by the present Governor, Col. Browne.
1 Ib. No. 15, p. 20.
3 lb. No. 18, p. 22. Sir G. Grey desired that the price paid for the land should be only that of waste land, eighteen pence an acre.
4 lb. No. 19, p. 23.
1 Memorandum by Mr Richmond, Minister for the Native Department. E, No. 1,13, p. 2.
2 lb. pp. 26 to 30.
3 Rawari was the name of the first murdered man, Katatore of the second. The Government of New Zealand has been continually endeavouring to induce the natives to put themselves under English law; but to enforce English law in the purely native settlements would be impossible without a much larger body of military. One reason why the Home Government has declined to constitute tribunals for native causes has been this want of power to enforce decisions.
2 Papers, E, 1, B, p. 4.
3 Teira appears to be simply the Maori pronunciation of the surname Taylor, as Wiremu Kingi is of William King, the natives, since the introduction of Christianity having adpoted English surnames as well as Christian names.
The next step in this matter was a direction of the Governor to Mr McLean, the chief Land Commissioner, to investigate carefully Teira's title to the land. Nine months were occupied in the enquiry, every available proof was had recourse to. A public invitation was given to any one who had claims to any portion of the block, requesting that such claims should be stated, and promising that they should be respected2. It is given in evidence by the chief Laud Commissioner before the Legislative Assembly, that no such claim was ever asserted, except the general claim of an anti-land-selling league (of which more hereafter), which grasped at the mana over the whole of the extensive territory between Waitara and Mokau, although this same land had been ceded to the Government3.
1 Papers, E, No. 1, B, p. 2; E, No. 3, H, p. 2.
2 E, No. 4, p. 17. It is dated March 18,1859.
3 Ibid.
1st March, 1860.
"I hereby pledge my word that W. King, and any reasonable number of his followers, who may choose to1 lb. p. 19.
2 E, No. 3, A, p. 3.
page 16 come to New Plymouth unarmed and converse with me, shall be allowed to return unharmed and in freedom, to the place from whence they came.3 Ib. p. 4.
"This promise shall be good from this day till the night of the third of March, 1860.
(Signed),"T. Gore Browne."
1 E, No. 3, A, p. 4.
2 It has been complained that the Proclamation of Martial Law was so badly translated into Maori, as to appear to the natives as a declaration of war against them. This, if true, was most unfortunate; but it has been replied, that, whatever effect it may have had on other natives, King was too well informed for it to have so affected him. He had on a former occasion been living in a district where martial law was proclaimed, and fully understood its meaning.
16 E, No. 3, A, p. 4.
In the month of August 1860 the General Assembly met at Auckland; and at the same time the Governor invited the Maori chiefs to meet in Council, and discuss the merits of the war. In the General Assembly the opposition naturally attacked the responsible ministry for the advice offered by them to the Governor, which led to, or at least confirmed, the course, which the Governor had pursued. Very long and animated debates were carried on in both houses. In the House of Representatives, it was admitted, even by the opposition, that war, if it had not broken out at once, must have broken out ere long, owing to the disturbed state of the native mind, but it was regretted that the cause of war should have been a quarrel about land1. On a division there appeared 19 votes to 4 in affirmation of the proposition that the war on the part of the Government was just and inevitable2.
In the Legislative Council, a body consisting of members unconnected with the Government and appointed for life by the Crown, after the strongest testimony on the part of the Chief Justice and the Attorney-General (the two principal law-officers of the Colony) to the justice and moderation of the Governor's policy3, the house divided, 11 to 4, in favour of the Address, which affirmed the same principle as the motion in the House of Representatives.
1 Speech of Mr Forsaith; New Zealander, Aug. 8, p. 7, col. 4.
2 The words of the motion were: "That in the opinion of this House the interests of both races of Her Majesty's subjects in New Zealand and the due maintenance of the treaty of Waitangi rendered it the imperative duty of His Excellency the Governor to repel the forcible interference of Wiremu Kingi with the sale of the Waitara Block; and that the vigorous prosecution of the war and the complete vindication of Her Majesty's authority are objects of paramount importance."
3 New Zealander, Sept. 5.
In the Assembly of Maori chiefs, gathered from all parts of the Island, after the principal Land Commissioner had made a statement, the chiefs debated the questions among themselves. At the conclusion, a series of propositions were moved and seconded by different chiefs, and earned by a majority of 107 to 3, the dissentient 3 being relations of W. King. The most important were; "That this Conference having heard explained the circumstances which led to the war at Taranaki, is of opinion that the Governor was justified in the course taken by him; that Wiremu Kingi provoked the quarrel, and that the proceedings of the latter are wholly indefensible."—"That this Conference deprecates in the strongest manner the murders of unarmed Europeans committed by the natives now fighting at Taranaki1."—"That the Conference desires to thank his Excellency the Governor for his goodness to the Maori people, that is, for his constant kindness and love to them; and also for granting them this great boon, the Runanga (Parliament or Conference), whereby they are enabled to express their views, and to propose measures for the settlement of the difficulties which arise among the native people."—"That this Conference desires to thank their friend Mr McLean for his great exertions on their behalf, and for his kindness to the natives of this Island of New Zealand2."
1 Alluding to the murder of two men and three boys, engaged in tending their cattle, by some of W. King's party soon after the first outbreak of the disturbances.
2 New Zealander, Sept. 1, 1860. As the Southern Cross has made some objection to the mode in which the votes were taken, it is well to add, that there appearing some misunderstanding among a few of the aged chiefs, the Resolutions were sent in the evening to the several wards, and were freely discussed among the chiefs without any European being present. On the following morning the chiefs assembled in the Conference-Hall and there publicly expressed their entire approbation of all the resolutions, which were then eagerly signed by 107 of the chiefs, 3 only having expressed any dissent, and that only from the third resolution, which condemns King. This is the statement of an eye-witness, Mr H. T. Clarke, Resident Magistrate, Bay of Plenty. New Zealander, Aug. 22, 1860, pp. 2, 3.
The above contains a simple statement of historical events. They cannot be denied, and, in great measure, speak for themselves. They, at all events, acquit the Governor, and those who counselled him, of intemperate haste and wanton injustice. Had King yielded, instead of resisting, or had his resistance been feeble and our troops successful from the first, we should probably have heard but little in the Houses of Assembly concerning the equity and wisdom of the proceedings of government. The fact, that King's party was thoroughly organized, that there had been for some time preparations for a struggle with Government, that therefore we have a war and not a mere tumult, the fact too, that our own troops, always at disadvantage in bush-warfare, have suffered serious reverses, these have brought the conduct of the Governor, at first unboundedly popular, into doubt and debate1.
1 See New Zealander, Aug. 15, p. 6, col. 3; also Aug. 22, p. 3, col. 4.