Extracts From Report From Mr. Fenton, R. M., As to Native Affairs in The Waikato District. (Dated Whaingaroa, March, 1857.)

(Printed by Order of the House of Representatives.)

"1. The feelings and desires of the Maori population with respect to their present social and political position may be succintly stated, as they are entertained almost with unanimity, although the plans by which these desires are proposed to be effectuated are various and conflicting. Recognising generally the advantages derived from the European connection, they are still conscious that they are gradually losing ground before the greater individual energy, and more complete social organization of the whites; and they are anxious to arrest their downward progress before the disproportion of the races shall render the attempt hopeless. They observe that the Government of the country is more anxious to obtain possession of their lands for the augmentation of the intruding body, than to elevate the present possessors, and admit them amongst themselves as a component part of one people, and they desire therefore to devise measures which shall tend to advance them in civilisation, and entitle them, at some future period, to demand the rights of citizenship on terms of equality. They perceive that Government is unable or unwilling to elaborate and prosecute any scheme by which law and order may be introduced and enforced in their villages, and they now seek, by their own intelligence and activity, to discover some means by which these desirable objects may be attained. They observe that, though they have followed the injunctions of their rulers, to live peaceably and cultivate the habits of industry, yet they have made little social progress, and their political status is daily becoming of less consideration. They rejoice that the old Maori 'ture,' severe in its penalities and unjust in its application, has fallen into disuse, but lament that the superior intelligence of their governors has devised nothing to replace it. They remember the constant interchange of politeness and diplomatic courtesy that has taken place between the chiefs and each successive Governor, and they recall these attentions with satisfaction, but they also ask what mean these good offices from the representative of the Queen.

"They know that when an assault is made, or a murder committed, a reprehensive article is written in the Maori Messenger page 31 or a letter is despatched from the Native Department pointing out the sin of what has been done, and urging the Maories not do so again; but they have failed to observe that punishment follows guilt with more frequency than reward accompanies virtue. Finally, believing that the cause of the regular success, and the origin of the imposing position of the European body, exists in a perfect concentration of action resulting from order and organization, they have resolved to use their utmost efforts to introduce these prime requisites amongst themselves."

"(2.) There is a second class who suppose that the substitution of the title 'Governor' for that of King, would avoid most of the objections connected with the former, and might possibly meet with the approval and support of His Excellency. Their idea is, that a Maori Chief should be named by them, and, having been instituted into office by the European authorities, should be a sort of second consul, specially charged with the supervision of the Maori interests—that he and his secretaries should be supported by the revenues of the country, alleging as a ground for this claim to support, that the Maoris are large contributors thereto—that he should have power to summon a 'runanga' resembling the General Assembly which meets annually to adjust the European interests, which 'runanga' should, with his consent, make laws and appoint officers—that he should be charged with the peace of the country, and the execution of justice therein—and that when he died, of became incapable to act, his successor should be appointed according to their custom, by the voices of an assembly of themselves.

"The number of Maori politicians attached to this creed is few, and may be easily enlisted either amongst No. 1 or No. 3.

"(3.) The third class appears to me to comprise the great bulk of the community. ...... The active part of the agitation is page 31 principally in the hands of the most intelligent of the middle-aged men, though the old chiefs, without much actual interference, lend their influence, and approve of the proceedings.

"The plan is, to establish in each large village, by popular election, a 'runanga,' or council, consisting of about 12 men, the duties of which council shall be to make laws for the government of the village. These laws will touch the Maori race only, and will deal with such subjects as women, cattle, trespass, fencing, growth of noxious weeds, adultery, theft, slander, pigs, canoes, taus, taumau, and spirituous liquors."

Extract From Report of the Waikato Committee, "appointed by the House of Representatives, to enquire as to the circumstances under which an attempt was made, in the year 1857, to introduce institutions of Civil Government amongst the Natives of the Waikato district, the practical effects of the same, and the causes which led to its discontinuance."

"They recognize as an undeniable fact, that of recent years, a great movement (attributable to a variety of causes) has been going on amongst the native people, having for its main object the establishment of some settled authority amongst themselves. This movement is not, in the opinion of your Committee, a mere transitory agitation. It proceeds from sources deeply seated, and is likely to be of a permanent and growing character. Upon the proper direction of this movement, the peace and progress of the Colony for years to come will greatly depend. Though it does not appear to be absolutely identical with what is termed the King movement, it has become, and is now so closely connected with it, that the two cannot be made the subject of separate political treatment. The objects of a large section of the natives were distinctly expressed at the great meeting at Paetai on the 23rd of April, 1857, at which the Governor was present, and at which it was understood by them that His Excellency promised to introduce amongst them Institutions of law founded on the principle of self-government, analogous to British Institutions, and presided over by the British Government. 'I was present,' says the Rev. Mr. Ashwell, referring to that Meeting, 'when Te Whurcpu, Paehia, with Potatau, asked the Governor for a Magistrate, Laws, and Runangas, which he assented to; and some of the natives took off their huts, and cried "hurrah.'"

"Such a movement need not have been the subject of alarm. One of its principal aims undoubtedly was to assert the distinct page 33 nationality of the Maori race, and another to establish, by their own efforts, some organization on which to base a system of law and order. These objects are not necessarily inconsistent with the recognition of the Queen's supreme authority, or antagonistic to the European race or the progress of colonization. Accidental circumstances, it is true, might give, and probably have given, to it a new and more dangerous character; such, at present, appears to be its tendency; but it would have been from the first, and still would be unwise on that account to attempt to counteract it by positive resistance, and unsafe to leave it, by neglect and indifference, to follow its own course without attempting to guide it.

"For these reasons, your Committee beg to declare their entire concurrence in the views expressed by the Governor in his Despatch to the Duke of Newcastle of the 9th May, 1857, and in the Memorandum accompanying the same.

"In this Despatch, His Excellency writes thus with reference to the King movement and its true character;—'It was, however, clear that they (the natives) did not understand the term 'King' in the sense in which we use it : but, although they certainly professed loyalty to the Queen, attachment to myself, and a desire for the amalgamation of the races, they did mean to maintain separate nationality, and desired to have a Chief of their own election, who should protect them from every possible encroachment on their rights, and uphold such of their customs as they were disinclined to relinquish. This was impressed upon mo everywhere; but only on one occasion, at Waipa, did any presume to speak of their intended King as a Sovereign having similar rank and power with Her Majesty, and this speaker I cut short, leaving him in the midst of his oration.' In the Memorandum accompanying this Despatch His Excellency writes thus :—'The Governor approves the appointment of Mr. Fenton, and desires to urge on his advisers the importance of giving him instructions without delay. The present moment is (as they observe) a critical one; and if the Government does not take the lead and direction of the native movement into its own hands, the time will pass when it will not be possible to do so. The subject in question is probably much discussed at the meeting now going on at Rangiriri, and will be so again at the more important one expected to take place at Mangere. The influence of oratory, and perhaps evil counsel, aided by the natural excitement of the natives, may induce them to frame laws of their own at these meetings, and thus add to the present difficulty; but they will probably refrain from doing so if they see that the Government is actually doing what they wish. Mr. Fenton's able Minute, which the Governor has perused with great satisfaction, confirms these views and opinions, and enlarges on the danger page 34 of delay. The thanks of the Government, expressed in strong terms, should be conveyed to Mr. Fenton for his zeal and ability, and the value of his information.'

"For the same reasons your Committee must respectfully state their inability to concur in the views expressed by the Governor in his Despatch to the Duke of Newcastle of the 9th of August, 1858, in which he says:—' I have the honour to forward for your Lordship's information the latest accounts which have reached me relative to the so-called kingdom established in certain native districts, together with a report on the subject from the Native Secretary. These accounts are far from satisfactory, but I trust that time and absolute indifference and neglect on the part of the Government, will teach the natives the folly of proceedings undertaken only at the promptings of vanity and instigated by disappointed advisers.'

"On similar grounds your Committee must express their absolute dissent from the Memorandum of the Native Secretary, (Mr. McLean) accompanying the Governor's Despatch on the 27th September, 1857, in which he says:—'The present movement on the part of the Waikato tribes to elect a King of their own, is not likely to be attended with any important or serious consequences, if the Government abstain from interfering in the matter. The course which I would recommend for the adoption of the Government in reference to the King question, is decidedly one of non-interference, unless the movement assume more of a hostile character and tendency than it does at present,'

"The whole tenour of this Memorandum appears to overlook the importance of the King movement as an effort to obtain law and order, and in so far to indicate an imperfect and unsound view of the movement itself, and an erroneous conception of the proper policy to be observed in reference to it. The view taken by Responsible Ministers in reference to the policy thus indicated, as expressed in their various Official Memorandum and Minutes, appears to your Committee to have been the sound one.

"The course taken by His Excellency in 1857, under the advice of his Ministers, in introducing, or rather encouraging, the adoption of civil institutions by the natives in the Waikato district, was, they believe, a wise course. The selection of Mr. Fenton as a Resident Magistrate was in their opinion judicious. That gentlemen appears to have been well qualified for the task, and to have possessed in a singular degree, in addition to other qualifications of a high order, the earnestness which is indispensable for such a work. Subject to a remark which your Committee hereafter make as regards the omission on his first circuit to visit the Chief Potatau, his task seems to have been in all essential points exe- page 35 cuted with judgment. It was also attended on the whole with decided success. It no doubt contributed to stimulate the native mind, and so to produce excitement, but not (so far as appears to your Committee) of a dangerous or unhealthy character. No such work was ever done without similar effects. It doubtless tended also to produce a more distinct demarcation of parties. This would necessarily be the case in any political counter-movement. But no choice seems to have been open between suffering the whole people to be absorbed into the King party, or attempting to gain them over to allegiance to British authority; an attempt to which some visible separation of parties was an inevitable incident. Your Committee have failed to discover that this separation of parties was attended with any actual or threatened disturbance of public order."

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