Legislation in Native Affairs.

• 13. In proceeding to consider the mode of dealing with Native affairs for the future, I begin with the source of legislation—the General Assembly. We are all agreed that the General Assembly should become the one acknowledged Legislature for both races; but it would be a great error to assume (as it is sometimes done) that the Assembly has actually attained this position. Can we maintain that the Assembly possesses constitutional and rightful authority over these people? Rather, our business is to find some way by which it may be brought into possession and exercise of such an authority.

  As to the former, how is the English Crown to transfer to the Assembly the obligations which it has contracted in respect of those portions of the Native people who have assented and adhered to the authority of the Crown—without their assent or manifest acquiescence—without at least every possible precaution and safeguard for a fair and beneficial exercise by the Assembly of that power which the Crown finds itself unable to exercise? And as to the tribes who have never assented to our dominion, how can the Crown bestow on the Assembly an authority larger than that which (as we have seen) the Crown itself possesses over them? Let no man think that the trouble of this Island will be summarily terminated, or even diminished, by merely handing over this authority to the Greneral Assembly without due provision for rendering the exercise of it safe and legitimate. I know that at this time there are, even in the peaceful North, quiet and well-disposed men who view any such transfer of authority, or (as they term it) the "ceasing to be called children of the Queen," with the liveliest apprehension and alarm.

• 14. Has it ever happened in the history of the world that a purely democratic body, with an Executive which depends solely on the will of the majority in that body, and where the members and the constituency belong to one race, has dealt justly with a race assumed to be inferior, and, in fact, unrepresented, especially where the relations between them have begun in a state of open war? To this intrinsic difficulty add in this case the practical difficulty arising from the peculiar relations between the two Islands at this time, the majority of the Assembly consisting of members from the Southern Island, whose interests are much less closely connected with those of the Natives than are those of the northern members, and much less seriously affected by a Native war. We do not trust men of our own race with the power of governing us until we have, secured protection in many ways against their possible misuse of power. Can we say that no safeguards are needed for the Native race? Can we reasonably expect a full acquiescence on their part until they see that some such safeguards are provided? It should be remembered that, in conferring powers on the Assembly, a reservation has always been made of Imperial interests; and what interest is more truly Imperial than the honour and good faith of the Crown of England?

  Is it possible then to find safeguards which may be effectual for their purpose, yet such as to involve no minute interference with the proceedings of the Colonial Government, and no cost to the English Government? I suggest the following as being at present necessary conditions of safe legislation by the General Assembly: (a.) That the war be speedily and completely wound up. If Government, by the Assembly, is to have a fair chance of success, let it have a fair start. The Assembly will not become more competent, or better disposed for calm and wise legislation, by having first to pass through years of slow and exasperating war. (b.) Representation being, under such a form of government as ours, a necessary security for fair legislation, yet representation of the Native population being at present unattainable, let us do the best we can to supply its place. Before any measure of page 18importance to the Natives is brought forward in the Assembly let a draft of it be published, with the proper explanations, in every district which has accepted our system, and let the people of the district be told that they are at liberty to address the Assembly by petition, and that any objections which they may entertain to such measures will in that way receive full consideration. No course can be less favourable to the peaceful settlement of the country, or the contented acceptance of our legislation, nothing more irritating even to friends and allies, than the sudden announcement that some novel and severe measure has been already passed without any previous intimation to them of what was intended. We shall not create confidence or make friends without openness and, straightforwardness on these matters. (c.) Let no Act of the Assembly affecting land still under Native tenure, or in any way especially affecting the, Natives in person or in land, be brought into operation until the Government shall have received a notification from the Secretary of State that the Royal assent has been given. Experience shows that every real safeguard against hasty legislation will be a boon to ourselves as well as to the Natives.