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Introductory.

Suppose a man of average intelligence, desirous of forming an opinion for himself upon the present and future relations between the Colonial Government and the Colonists of New Zealand on the one side, and the Aboriginal Inhabitants on the other.

Let him be a humane and just man—calm in temper and judgment, and free from prejudices arising from personal interest, or official position;—from deeming himself "in honour" bound to the support and advocacy of particular views;—from the habit of viewing the question from one point of view only;—from feeling, the consequence of personal sympathies or antipathies;—from merely professional treatment of the question;—from dogmatism, as being anxious to establish a theory;—and, lastly, from the dilettanteism of philanthropy. Suppose such a man looking at the subject with the single purpose and desire of forming a temperate judicial opinion for his own satisfaction.

In order to feel his way to get a sound foundation on which to base his judgment, and sound materials for its construction, he would probably adopt some such course as the following:—

1. First of all he would look back and see how much, and what, is known with any precision and certainty of the origin of page 6 the Maori population of New Zealand; of the mode of their settlement in these Islands; of the nature of their social ties and government; of their notions of right, justice and property; of their customs and observances as regards the interior economy of each several tribe, and of the connexion and intercourse among different tribes; and of the general character of the people.

2. He would next look back to the circumstances of their intercourse with Europeans before the establishment of the Colony by the British Government.

3. Keeping these things in mind, he might now consider what would be the course most proper to be adopted by a wise, far-sighted, just and humane Sovereign in colonizing a country so circumstanced as New Zealand was at the time when the Colony was actually established.

4. He would then look at the Treaty of Waitangi. And he would, first, have to make up his mind what each party, to it probably meant in executing it, and also what each party must be taken to have known that the other parties meant,—so as to see what it was that all parties in common must have intended to agree to. He would thus discover what was really ceded by the Natives, and what was guaranteed or granted to them in return.

5. He would now he in a position to judge whether the treaty corresponded in spirit and letter with his â priori judgment of what was just and proper.

6. The inquirer might now consider the general course of policy which ought to be followed by the Government in the practical application of the treaty, upon the principles and in the spirit before indicated; and especially with respect to the acquisition of land by the Crown.

7. Having formed his opinion on these matters, he would be page 7 able—as soon as he had procured authentic information as to the facts connected with the anti-land-selling league and the King movement—to determine whether either or both amounted to a violation, by those engaged in them, of the letter or spirit of the treaty.

8. So likewise, when the conflict of testimony and allegation as to William King's case had been determined, the conduct of the Government and of King could be tested in the same manner.

9. And now at length, on a full consideration of all these various topics, the impartial inquirer might be able to suggest how the policy at which he had before arrived â priori could be carried out hereafter,—how a final settlement of all matters now at issue is likely to be effected. And, more especially, he might be able to determine how the alienation of land by the Natives might hereafter be regulated in such a manner as to satisfy the requirements of such a policy and the feelings of the Maories themselves, and to secure to both races the greatest common benefits with the fewest and smallest incidental mischiefs.

The inquirer will find several serious obstacles in his way towards a decision on most of these matters. He will find that those who are most conversant with Native habits and customs and character have become,—either, on the one side, from the purest and best of motives, advocates—or, on the other, from selfish and unworthy causes, detractors—of the Natives, rather than mere witnesses or judges. Such persons, as well as most writers on the Colony, he will also find very apt to theorize with respect to Maori laws and institutions, and to create systems probably undreamed of by the people themselves,—often suggested by apparent, but fallacious, similarities and analogies between the rude and traditional customs of a barbarous race and the constitutions and laws of fully civilized nations.

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The writer of these notes speaks of all matters of fact with extreme diffidence, having derived his information at second hand, from books, documents and conversation with Europeans; and does not presume to make any special application of his general observations to those immediate topics of the day respecting which there can be any controversy of fact.