Note XVI. p. 17.

XVI. Execution of civil offenders under martial law.

In alluding to this instance of arbitrary conduct, I have no desire to impute personal misconduct to Governor Grey, nor to page 31 discuss the policy of his act. I refer to it as evidence of the unconstitutional manner in which things are done, where the control of self-government does not exist, and as proof of the unsatisfactory tenure under which British subjects possess their liberties in colonies when free institutions are withheld. The following are the particulars of one of the instances referred to :—

Martial law had been proclaimed in a district (Wanganui) in which native disturbances had some short time before been anticipated; but there was no actual rebellion, and probably there would not have been any but for the act about to be related; indeed affairs were so far pacific, that it seems that martial law was about to be immediately abolished (see Captain Lnye's letter, referred to below). Four natives (British subjects) to avenge a mere private and accidental injury, committed a murder, which, in all its circumstances, was a mere private crime, having no political aspect, nor in any way arising out of acts directed against the authorities. They were seized, tried by a court-martial, and hung. (Captain Layc's letter, Parl. Papers, Dec. 1847, page 55; and Governor Grey's despatch at page 59). As a natural consequence, their tribe retaliated by talking arms against the Government, and a long war, in which many lives were lost on both sides, involving much expense, was the result. Had the alleged murderers been handed over, as they should have been, to the regular tribunals of justice, it is probable that the other natives would have acquiesced, and rebellion would have been avoided. That such was the proper course, is admitted by Governor Grey himself, Parl. Papers, Dec. 1847, p. 55. It is more than questionable whether a colonial governor can, under any circumstances, legally proclaim martial law. It has, however, been done repeatedly by Governor Grey, without even the previous sanction of the colonial legislature, though ultimately an ex post facto ordinance, to indemnify all parties concerned, was passed by the nominee council, of which Governor Grey and his responsible advisers were the majority of members, an admission of the illegality of the nets to which the ordinance was intended to apply.