The Sun.
London, England, 1844-12-26 00:00:00

NEW ZEALAND.

(Concluded from our paper of Dec. 13.)
REPORT FROM THE SELECT COMMITTEE.

The observations already made will enable yOUr
Committee very briefly to express their opinion on
the question which has led to so much discussion, as
to whether the New Zealand Company are entitled to
call upon her Majesty's Government to put them in
possession of a large extent of land without reference
to the validity of their supposed purchases from the
natives. If the view which we have taken of the
right of the Crown to the whole of the unoccupied soil
of New Zealand, and of the nullity of all private pur-
chases of land from the natives, be a correct one; and if
this were also the view of the then Secretary of State
at the time that the arrangement with the New Zea-
land Company was concluded; it follows, as a matter
of course, that by that arrangement it must have been
intended to give to the Company a claim binding,
in good faith, upon the estate of the Crown, to
the number of acres awarded to them by Kr. Pen-
nington ; and that this claim could not in any way
be- affected by the character of those supposed
purchases from the natives, which it was the very
object of the whole arrangement to set aside as altoge-
ther null and invalid. We have already fully stated our
reasons for the conclusion to which we have come with
respect to the rights of the Crown ; we hare therefore
only to add, that we cannot doubt this conclusion to
be completely in accordance with what were the
views of the then Secretary of State, since we find
that the charter under the great seal, by which New
Zealand was erected into a separate colony, and the
original instructions under the royal sign manual,
which were drawn up at nearly the same time that
the arrangement with the Company was under dis-
cussion, were couched in terms which, as we have
already observed, clearly imply that the ownership of
land by the natives was regarded as being confined
to that which was " actually occupied and enjoyed by
them," and that all unoccupied land was vested in the
Crown; while the acknowledgment of any claim of
right on the part of Europeans to land, in virtue of
supposed sales from the natives, was in the most ex-
plicit terms denied. Upon these grounds we have
come to the resolution which stands 4th amongst those
which will be found at the close of this report.
The error in policy which your Committee have
pointed out as having in our opinion been fallen into
by the officers who have held the Government of
New Zealand, in not asserting the right of the Crown
to all the unoccupied soil of these islands, is very
closely connected with another, to which we also feel
it necessary to advert. It appears to us that there
has been a want of vigour and decision in the general
tone of the proceedings adopted towards the natives;
measures have not been taken, as we think they ought,
for making the original inhabitants understand that
they are now to be considered as British subjects, and
must therefore abstain from all conduct inconsistent
with that character. The local authorities may have
been guided by a desire to treat the natives of the
soil with the most scrupulous justice and with
the greatest consideration; but we are not
the less persuaded that, not only in what has been
done with regard to the ownership of land, but also
in showing too much respect for native customs, they
have been led to pursue a line of policy which in its
consequences must be injurious to the true interests
of those out of consideration to whom it has been
adopted. We agree in the opinion expressed by one
of the witnesses we have examined (Mr. Earp), that
the rude inhabitants of New Zealand ought to be
treated in many respects like children, and that in
dealing with them firmness is not less necessary than
kindness. In the first instance, there was on the
part of the natives a disposition to defer, with almost
superstitious reverence, to the authority of the
Government ; and had this authority been firmly
and judiciously exercised to suppress intestine war
and all savage and barbarous customs, and to enforce
between different tribes and between individuals the
great principles of justice and respect for property,
no serious resistance would probably ever have been
attempted. But from an over-sensitive fear of in-
fringing upon native rights, the authority which,
had it been decidedly assumed, would, there is
every reason to believe, have been willingly sub-
mitted to, has been lost, and the consequence has
been that murder and cannibalism have been
allowed to be committed unpunished, and that
very serious hostilities have broken out between
different tribes, while the right of the British Govern-
ment to interfere has been repudiated by the more
powerful party, and the want of the promised protection
loudly complained of by the weakest. Your committee
are persuaded that an enlightened humanity and a re-
gard for the real welfare of the native tribes require
that British power and authority should be resolutely
exerted to put a stop to such a state of things, to main-
tain internal peace, and to prevent native customs
and usages from being acted upon in a manner incon-
sistent with good order and morality, and with the
progress of civilisation. We would beg to refer to
the report of Captain Grey, the Governor of South
Australia, on the best means of promoting the civili-
sation of the aboriginal inhabitants of Australia,
which was transmitted by Lord J. Russell to Captain
Hobson, for his guidance, as containing an able expo-
sition of the policy which ought to be pursued upon
this important and difficult subject.
It is necessary to observe, that the policy we re-
commend requires for its safe adoption, in the present
state of affairs, that the Governor of New Zealand
should have at his disposal more power than he now
possesses of enforcing obedience to his authority. We
see no reason to apprehend a successful attempt by
the natives to overturn by force the power of the
Government; we concur with Major Bunbury
in thinking that " the jealousy and rivalry of
different tribes amongst themselves would pre-
vent their acting with any effect against the
European population," and we have no doubt that
civilisation and intelligence, in the event of a struggle,
would maintain their accustomed superiority; still
we consider that it is of the utmost importance, in
order to avert the calamities which must ensue from
even an attempt at resistance to the authority of the
Governor, that he should be armed with so obviously
superior a power as to prevent any such attempt from
being made. Additional means of enforcing obedience
to lawful authority are required, not merely against
the natives, but against the lower class of emigrants ;
an account of whose insubordinate proceedings at
Nelson, which from the want of force could not be
properly put down, will be found in the Appendix.
Adverting to the scattered situation of the settle-
ments which have been formed, and to the importance
of their all being not only promptly protected when-
ever an emergency may arise, but also frequently
visited by the Governor in person, we conceive that
by far the most useful addition which could be made
to the force at his disposal would be that which would
be afforded by placing an armed steamer of moderate
size under his orders. In addition to this, we think
that a militia composed of the settlers should be or-
ganised, from which we would by no means exclude
such of the natives as should so far have adopted the
habits of civilised life as to be fit to bear arms in
the same ranks with Europeans ; we need also hardly
observe that such a force should always be kept
under the complete control of the Governor, and
that he should always have such a proportion f re-
gular troops under his command as not to be entirely
dependent upon the militia for support. We are
further disposed to believe that advantage might re-
sult from endeavouring to create a permanent native
force under European officers, but in which their own
chiefs might also, perhaps, hold commands ; such a
force would probably afford, not only a cheap addition
to the military power of the Governor, but also a
valuable instrument for gradually training the natives
to habits of order and subordination.
Your Committee cannot offer these recommenda-
tions, tending to what may be thought a more severe
enforcement of authority over the natives, without,
at the same time, expressing their strong sense of the
duty incumbent upon the Government of adopting the
most effective measures for their welfare and improve-
ment. With this view, we conceive that every effort
should be made to amalgamate the two races ; more
particularly, the utmost attention should be paid to
the education and training of the rising generation
of the aborigines ; whenever their improvement in
intelligence will admit of it, the natives should be
placed in every respect on a footing of perfect
equality with their white fellow-subjects, and as
soon as possible, they should be employed in the
civil service of the torernment in any situations
in which they can make themselves useful, We also

attach much importance to the adoption of a good
system of makini, reserves of land for, their benefit.
'these reserves ought, in our opinion, to be of mode-
rate size, and interspersed with the lands destined for
the occupation of. settlers ; the natives should be en-
couraged themselves to occupy and to cultivate the
land thus reserved for their benefit, and only those
parts of it for which they might have no immediate
occasion should be allowedlo be let on lease to Eu-
ropeans, the leases being restricted to a moderate
term of years, and the rents so obtained being con-
side'red as applicable only for their advantage. By
this arrangement the natives established upon such
reserves being scattered, a few together, amongst
the European population, would be more likely,
than under any other plan which has been suggested,
gradually to adopt the customs and ways of life of
their civilised neighbours; whereas, if the land re-
served for them were in large blocks, and they were
collected together in considerable numbers, the proba-
bility is that they would cling far more pertinaciously
to the habits of savage life, and, if so, this interesting
people would too surely melt away.before the advanc-
ing tide of European settlement.
It is an evil of which the experience of other colo-
nies affords frequent examples, that the progress of
settlement is impeded by land coming into the pos-
session of persons who endeavour to derive a profit,
not from its improvement, but by suffering it to lie
waste until it acquires value from the labour and capi-
tal expended in the surrounding district • it therefore
appears to us that means should be taken to guard
against this abuse in New Zealand. This will, we
trust, be to a great extent effected by the regulations,
which will prevent property in land from being ac-
quired, otherwise than by purchase ; but, as a further
security, we would recommend that some part of the
colonial revenue should be raised by means of a tax
upon land. On the North American continent, when
a tax has been imposed upon land with the view of
cheeking its being held by persons not actually in-
tending to make use of it, we believe the tax has gene-
rally been laid upon wild land only. Looking, however,
at the difficulty of accurately determining the degree
of improvement which should exempt land from a
tax applying only to that which is designated as wild,
and to the facility thus afforded for evading the
burden, it appears to us more advisable that such a
tax should be imposed on all land, whether wild or
otherwise. If the tax were low (we think it ought
not to exceed 2d. an acre) it would be unfelt as a
practical burden on land really turned to profitable
account, while even this small payment recurring
annually, would powerfully tend to discourage the
retention of land by parties deriving no immediate
advantage from it.
Such a tax ought not of course to apply to land
now occupied by the natives, of to that held as re-
serves for their benefit. The lands granted to the
New Zealand Company ought also to be regarded
in a different light from that held by private indivi-
duals ; they have obtained that land in the character
of agents for the public in carrying on the work of
colonisation ; so 'long, therefore, as they adequately
discharge the duties belonging to that character, they
ought not to be subjected to the tax in respect of land
they hold for this purpose; at the same time, care
should be taken that no privilege capable
of being abused should be given to them. We
would, therefore, suggest that the lands remaining un-
sold in the hands of the Company should be freed from
the tax, so long as the extent of land so held should
not exceed that which would remain to them, sup-
posing that from the commencement of their opera-
tions they had, one year with another, sold one-
twenty-fifth part of the land assigned to them by the
Crown. Should their sales upon the whole fall short
of this, they might fairly be required to pay the tax
upon the difference. It might also be proper to insist,
as a condition for their enjoying the proposed exemp-
tion, that a fixed proportion of the proceeds of their
land sales should be applied to the promotion of
emigration.
Your Committee having now stated very fully their
views upon those parts of the subject referred to them
which have the most important bearing upon the
practical measures which ought now to be adopted,
and having in their' resolutions adverted to some of
those measures which do not seem to require any par-
ticular explanation, had originally intended to have
offered some remarks upon the complaints which the
servants of the Crown in the colony upon the one side,
and those employed by the New Zealand Company on
the other, have mutually made against each other; but,
upon further deliberation, it has appeared to us that
the unhappy differences which have prevailed are
most likely to be allayed by our forbearing to pro-
nounce an opinion which must of necessity involve an
expression of blame on some, if not all, of those who
have taken part in these proceedings; we, therefore,
have thought it most expedient to abstain altogether
from entering further into this part of the subject;
even as to the unhappy affair at Wairau, by which so
many valuable lives were lost, we will add nothing to
the resolution which we have unanimously adopted,
and which will be found amongst those subjoined to
this report, and we will only express our earnest hope
that all classes of. settlers, and more especially those
persons to whom important duties in the newly-esta-
blished colony have been entrusted, either by her Ma-
jesty's Government or by the Company, will feel that
the interest and welfare of all requires that harmony
should be re-established, and that this can only be
accomplished by mutual forbearance and moderation.
In conclusion, we beg to submit to the House the
following resolutions, as containing a summary of the
opinions we have formed on the whole subject :-
1. That the conduct of the New Zealand Company,
in sending out settlers to New Zealand, not only with-
out the sanction, but in direct defiance, of the autho-
rity of the Crown, was highly irregular and improper.
2. That the conclusion of the treaty of Waitangi
by Captain Hobson with certain natives of New Zea-
land, was a part of a series of injudicious proceedings,
which had commenced several years previous to his
assumption of the local Government.
3. That the acknowledgment by the local authori-
ties of a right of property on the part of the natives
of New Zealand in all wild lands in those islands,
after the sovereignty had been assumed by her Ma-
jesty, was not essential to the true construction of the
treaty of Waitangi, and was an error which has been
productive of very injurious consequences.
4. That the New Zealand Company has a right to
expect to be put in possession by the Government,
with the least possible delay, of the number of acres
awarded to it by Mr. Pennington ; that the Company
has this right as against the estate of the Crown,
without reference to the validity, or otherwise, of its
supposed purchases from the natives, all claims
derived from which have been surrendered.
5. That the Company, in selecting the land to be
granted by the Crown within the defined limits, can.
not claim the grant of any land not vested in the
Crown.
6. That means ought to be forthwith adopted for
establishing the exclusive title of the Crown to all
land not actually occupied and enjoyed by natives, or
held under grants from the Crown ; such land to be
considered as vested in the Crown for the purpose of
being employed in the manner most conducive to
the welfare of the inhabitants, whether natives or
Europeans.
7. That in order to prevent land from being held by
parties not intending to make use of the same, a land-
tax, not exceeding 2d. an acre, ought to be imposed ;
that all parties claiming land should be required to
put in their claims, and pay one year's tax in advance,
within twelve months.
8. That such tax ought not to be considered as ap-
plying to the whole estate of the New Zealand Com-
pany, so long as they shall continue to sell not less
than 1-25th of the land granted to them annually,
and to expend a fixed proportion of the proceeds in
emigration.
9. That • such tax ought also not to be considered
as applying to lands now actually occupied and en-
joyed by the natives, or to reserves set apart and held
for their benefit.
10. That reserves ought to be made for the natives,
interspersed with the lands assigned to settlers, with
suitable provision for regulating their alienation, and
preserving the use of them for the natives as long as
may be necessary; and that these reserves ought not
to be included in calculating the amount of land due
to that Company.
11. That, as it appears by evidence that the non-
settlement of the lapd claims has been productive of
great confusion and mischief in the colony, it is expe-
dient to adopt measures for granting legal titles with
the least possible delay to the actual occupants of
land, unless under special circumstances of abuse.
12. That the prohibition to all private persons to
purchase land from the natives ought to be strictly
enforced, except that land which may have been pur-
chased by natives they should be at liberty to sell
again, provided the transaction be sanctioned by the
Protector.
13. That it is highly important that the Governor
should have more effectual means of enforcing obe-
dience to his authority, and also greater facility for
visiting frequently the different settlements; and that
with this view it is expedient that an armed steamer,
of moderate size, be placed at his disposal.
14. That it is expedient that the settlers should be
organised as a militia, under the orders and control of
the Governor. Natives, under proper precautions,
being allowed to serve in it.
15. That it is expedient that an attempt should
also be made to raise and discipline a native force of
a more permanent character, officered in general by
Europeans, but in which any of the natives who may
be found trustworthy may hold commands.
16. That the employment of natives in the civil
service of the Government in any situations in which
they can be useful is highly desirable.
17. That efforts should be made gradually to wean
the natives from their ancient customs, and to induce
them to adopt those of civilised life, upon the prin-
ciple recommended by Captain Grey, in his report
on the mode of• introducing oivilisatiou amongst the
natives of Australia.

18. That the princ!ples in which the New Zealand
'Company have acted in izAking the reseryes for the
Datives, with a view to their ultiz.,ate.as well as present
'welfare, and in making suitable •proid4ii,ert for spiritual
and educational purposes, are sound a&l, judicious,
tending to the benefit of all classes.
19. That the Committee, upon a reviesiqif `flie docu-
mentary evidence relating to the'loss of itlirairaur
(without offering any opinion upon the lit* of the
case), deem it an act of justice to tbe,,,inetnory of
those who fell there, to state, that ft .appe4rs that
the expedition in question was undertaken for a
purpose believed by the parties. to be lawful and
desirable, and which, also, example in analogous cases
had unfortunately led them. to expect might be
effected without resistance from the natives. The
Committee cannot withhold the expression of their
regret at the loss of' life which occurred, espi-cially
the loss of Captain Arthur Wp.kefield, whose
long and distinguished services' iii the British navy
are recorded in the papers before the Committee, and
of Mr. Thompson, the stipendiary magistrate ; Mr.
Richardson, the Crown prosecutor ; Captain England,
Mr. Cotterell, Mr. Patchett, and Mr. Howard.