CHAPTER III
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CHAPTER III.
PROTECTION OF ABORIGINES---DIFFERENCE BETWEEN AUSTRALIAN AND NEW ZEALAND NATIVES----RESERVES OF LAND FOR NATIVES---TREATMENT OF NATIVES AS BRITISH SUBJECTS---PROTECTION OP ABORIGINES---DANGERS OF INJUSTICE TO THE NATIVES---FORMER ERRORS OF CIVILIZATION OF ABORIGINES---PROTECTORS OF ABORIGINES---FUND FOR THE EXPENSE OF PROTECTION OF ABORIGINES.
Considering the great number of the Aborigines, on the Northern Island, their habits, their intelligence, and consequent aptitude for civilization, and knowledge of the useful arts of social life; it will be evident of what most momentous importance it is, that judicious measures should, at once, be adopted relative to them.
In devising such future plans, for the civilization and good government of the Aborigines, it should be remembered, that the Native population will now increase. As has been previously observed, the New Zealander is wholly different to the Australian native, in origin, language, country, and habits.
The Australian native is ever wandering over vast tracts, according to the seasons, hunting and searching for food. He has no fixed home, where he dwells, and cultivates for his subsistence.
"It is well known, that the Aborigines, in no instance, cultivate the soil, but subsist entirely by hunting and fishing, and on the wild roots they find in certain localities, especially the common fern,
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PROTECTION OF ABORIGINES.
with occasionally a little wild honey; indigenous fruits being exceedingly rare.quot; (Dr. Lang's letter to Dr. Hodgkin.)
The New Zealander has no animals to chase, but he dwells in his native village, and cultivates the soil, which, with fishing, furnishes his subsistance, he is peaceful and domestic in his habits, when not excited to war to avenge insults and wrongs; and he is desirous that the European should dwell near him, that he may be initiated into the customs and advantages of civilized life.
Hence, it is apparent, how widely different will be the effect on the two races, in the course of years, by the colonization of Europeans among them; and therefore how inapplicable the system for the regulations and government of the Aborigines, in one Colony to the other.
In Australia, the settlers, as they increase in numbers, and occupy large tracts of land for pasture, expel the Aborigines from their hunting grounds, and are naturally regarded as invaders, and treated frequently as enemies; and hence their attacks, in the bush, when the settlers are few in number, and far distant from any settlement.
When an Australian tribe is driven from their land, by the advance into the interior of the Europeans, they are compelled to encroach on the territorial rights of some other tribe, and such trespass by an individual, according to their laws, for the purpose of hunting, is death, if taken in the fact; and if committed by a body, it is resisted by force
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PROTECTION OF ABORIGINES.
of arms, therefore most sanguinary feuds will be excited, terminating either in the defeat and destruction of one party, or an union of both, for the purpose of attack and revenge on the Europeans.
By these events and causes, most lamentable as is the truth, the unprotected Australian Aborigines will have their means of subsistence gradually more and more limited, and their numbers greatly and rapidly diminished.
It may be, that, in the course of years, some few of the Australian Aborigines will be influenced to leave their habits of savage life, and become associated with Europeans as domestics; but it cannot be denied, deeply as it is to be deplored, that the most probable result will be, in the course of time, the gradual but certain extinction, progressing with the extension of European settlers, of the whole race of Australian Aborigines.
In New Zealand, happily for the Aborigines, Her Majesty the Queen of England, by the Treaty of Waitangi, has confirmed and guaranteed to the chiefs, tribes, and the respective families and individuals, full and undisturbed possession of all their lands, so long as they choose to retain them, and whenever they are disposed to alienate any part, Her Majesty alone, can, and will purchase, and the value to be fixed by two persons, one acting for Her Majesty, and the other for the Natives. So far, are the Aborigines of New Zealand, most justly and humanely protected in their territorial rights, and from encroachment on their lands by
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RESERVE OF LANDS FOR NATIVES.
European settlers; and will, by further judicious measures, be saved from the lamentable fate, to which almost all other Aborigines have been doomed whose native land has become the abode of Europeans.
Under the circumstances thus briefly explained, the future regulations and measures of the British Government, with respect to the natives of New Zealand, must embrace many interesting and important subjects.
The first, and chief of these, is to take especial care, that the natives retain in their possession ample area of land, for each of their respective tribes, families, and individuals, not only in proportion to their present numbers, but looking forward and calculating upon, natural increase of the present and future native population.
On this point, undoubtedly, depends their existence in future years, as a native people. To attempt suddenly to amalgamate them, as it were, with the Europeans, by dividing and dispersing the tribes, and appropriating to them portions of land within the settlements, and among the dwellings, of Europeans is a scheme perfectly visionary, and one of the most certain means to promote their progressive extinction as a people.
A census should be immediately taken of all the native population, with a survey of their districts. To each tribe, according to its numbers, a reserve of available cultivable land should be appropriated, by Act of Legislative Council, to be in-
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RESERVE OF LANDS FOR NATIVES.
alienable, unless by further Act of Council, and that only, when some future census shall be taken. This reserve, in the first instance, should have great latitude, in relation to the present numbers of each tribe,---for but a small quantity, in proportion to the entire native possessions, of land will be required---and the natives can spare more than sufficient,---for the purposes of Government, to supply emigrants for some years.
In a few years,---presume five,---another census of the natives might be taken, and then time and experience would demonstrate the effect on the native population, by the constant increasing intercourse and association with Europeans; and from such statistical facts, future measures might be adopted, for their interests and welfare.
Exclusive of the justice, the great importance of such a measure, and the disastrous consequences that must ensue, by neglect of it, will be more apparent when it is recollected, that each tribe have their separate district, from which they will not remove, and that these distinct territories are not in relative area, according to the inhabitants, or proportionate to each other.
Therefore, some tribes, without affecting their present wants, or those of their posterity, calculating likewise on an increase of their population, will be enabled to alienate to Her Majesty's Government considerable area of land, while others can spare but little. In the northern part of the North Island the latter circumstance will be found very general.
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TREATMENT OF NATIVES AS BRITISH SUBJECTS.
It is one of the primary duties of the British Government, to watch over and protect the Aborigines on this most important point.
In determining, on the minimum reserve of land for each tribe, according to its numbers, the portion necessary for the maintenance of each individual cannot be decided by reference to European practice, for the natives have, as yet, no cereal productions, and their rude mode of cultivation, and their wasteful consumption of the crops, chiefly potatoes, bear no analogy to civilized practice and customs.
As they become more familiarized to European husbandry, and can be induced to learn and practise it, they may produce much more abundant crops, and less area will be sufficient for them, and as cultivation of their lands is their natural and favourite pursuit, every encouragement should be given, to stimulate them to improvement, by teaching the use of agricultural implements, and by distributing amongst them, cattle and sheep, in part payment for such lands as are superfluous, and therefore useless to them.
By the treaty of Waitangi, her Majesty, in consideration of the cession of the Sovereignty over, and of the exclusive right of preemption to all lands in New Zealand, "extended to the natives thereof her Royal protection, and imparted to them all the rights and privileges of British subjects."
But to carry into effect this clause of the treaty, in its true spirit, and to bring them within the pale of the English laws, will require great judgment and discretion.
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TREATMENT OF NATIVES
Captain George Grey, in reviewing the condition of the Aborigines of Western Australia, considers that "the Colony of Swan River differing materially in the elements of its population from those established in the eastern parts of the Australian continent, and in Van Diemen's Land, a corresponding change in the intercourse between the natives and the white population might naturally be looked for.
"In modern times, with the exception of the new settlement of South Australia, no Colony has been established upon principles apparently so favourable for the developement of the better qualities of the Aborigines, and with so fair a chance of their ultimate civilization.
"The apparent advantages are, that no convicts have been brought to Western Australia to corrupt the manners of either sex, or to lead them astray by their vicious examples; and that a great want of labour has been always felt, so that any assistance that could have been procured from the natives, would have been a material benefit to the settlers, with these advantages we might have hoped to see important results.
"I wish not to assert, that the natives have been often treated with wanton cruelty, but I do not hesitate to say that no real amelioration of their condition has been effected, and that much of negative evil and indirect injury has been inflicted on them.
"The first great fault committed was, that no distinct rules and regulations were drawn up for the
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AS BRITISH SUBJECTS.
protection of the Aborigines. Their land is taken from them, and the only benefit given in return is, that they are made British subjects, that is, having a right to the protection of British laws, and at the same time becoming amenable to them.
"All past experience has shewn, that the existence of two different races in a country, one of which, from any local circumstances, is considered inferior to the other, is one of the greatest evils under which a nation can labour; a more striking instance of which could not be adduced, than is shewn in the present state of the free coloured population in America.
"In contemplating then, the future destiny of the Australian races, at the same time laying aside, all thought of their amalgamation with Europeans, the prospect is most melancholy,---only two cases can arise; either they must disappear before advancing civilization, successively dying off ere the truths of Christianity, or the benefits of civilization have produced any effects on them, or they must exist in the midst of a superior numerical population, a despised and inferior race; and none but those who have visited a country in which such a race exists, can duly appreciate the evils both moral and physical, which such a degraded position entails upon them."
Here is a true and faithful picture of the present lamentable state of the Aborigines, in Western Australia. In many details, it is applicable to New Zealand.
The elements of the European population in New Zealand, are similar to South and Western Australia,
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PROTECTION OF ABORIGINES.
and render those settlements, no longer, the only exception to New South Wales and Van Diemen's Land; and the apparent advantages of the Colony being exempt from the domiciliation of convicts, and of a great want of labour existing, which the natives may supply, will have full force, also, in New Zealand.
But these advantages will be of no avail, to the natives of New Zealand, if extending to them the Royal protection, and imparting to them all the rights of British subjects, are merely nominal and passive.
The poor Australian native has had his land taken from him, and his only return is, that he is made a British subject: but without proper instruction of the new laws, to which he has become amenable; and without just protection, in the limited rights remaining to him.
If the great fault and injustice committed in Western Australia was the deficiency of proper and just regulation for the protection of Aborigines, who, being deprived of all their property, had only personal rights, as paupers, under the British Crown; how much more important and imperative is it, that proper measures should be immediately adopted for the full protection of the Aborigines of New Zealand, who still retain possession of their native lands?
The treatment of the unprotected Aborigines, in most British and European colonies, reflects greatly on the character of the respective Governments. Generally the property, the homes, and not unfre-
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DANGER OF INJUSTICE TO THE NATIVES.
quently the lives of the poor natives have been sacrificed, for the convenience of settlers, and extension of a settlement; and unoffending natives have been expelled and exterminated from the land of their birth, by the supineness and neglect of the Government, in the first instance, in not establishing a just and adequate system of protection for them, and subsequently, by a great increase of European population, who treat the natives as a despised inferior race, by an abuse of their superior knowledge and power, without the least regard to humanity or justice, to further their own worldly views and interests.
But independent of the just claims of the New Zealand natives, to participate practically and fully, in all the civil immunities of English subjects, the British Government must bear in mind, that in New Zealand they have to deal with a very different race of men, and those under very different circumstances, to the natives of Australia or Van Diemen's Land.
The native population, in comparison to that of Australia, is not extended over vast tracts; and a few days would be sufficient to assemble the whole of the fighting men of the Northern Island, at two or three most important places.
The New Zealander is acute and sensible, perfectly cognizant of his own natural rights, and sensitively alive to any gross act of injustice, and any such overt act, especially affecting their land, would create a union among the native tribes, the most
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ERRORS OF CIVILIZATION OF ABORIGINES.
numerous and powerful of whom, now existing, are related to each other. They are also a courageous and athletic race of men,---have plenty of double-barrelled guns, in the use of which they are not novices. Twenty or thirty thousand of such men, acting in concert,---instigated by exasperated feelings of wrong and injustice from the Europeans,---and excited by their national customs of war songs, dances, &c, are antagonists and enemies neither rashly to be provoked, nor arrogantly to be despised.
The errors in former attempts to civilize the Aborigines in various countries, are most ably pointed out by Captain George Grey, in his report to Lord John Russell, "on the best means of promoting the civilization of the aboriginal inhabitants of Australia."
He asserts that all efforts hitherto to civilize the natives in Australia have failed; on account of being founded on some erroneous principle, which he most sensibly and truly points out to be:---
"That although the native should, as far as European property and European subjects were concerned, be made amenable to British laws, yet, so long as they only exercise their own customs upon themselves, and not too immediately in the presence of Europeans, they should be allowed to do so with impunity."
He then contends, by forcible and judicious reasoning, "that the Aborigines, as soon as declared to be British subjects, should, as far as possible, be taught that the British laws are to supersede their
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CAPTAIN GREY'S SUGGESTIONS.
own," and he argues that although, primarily, instances may occur of natives being punished for offences of which they were ignorant,---the evil of which might be lessened by slight punishments,---it would be more merciful, and less anomalous than "to punish natives for a violation of a law of which they are ignorant, when the act affects an European, and yet to allow them to commit this crime as often as they like, when it only regards themselves."
His remarks on the great disadvantages under which the natives labour, in the Colonial Courts of Justice, as regards their evidence, are equally acute and just, and demand the most serious consideration for those Aborigines, who, by solemn treaty, now possess all the rights and privileges of British subjects.
The whole of the "suggestions" of Captain Grey are most admirable, perspicuously detailed, and powerfully supported by sound reasoning, and intimate knowledge of the character and habits of the natives, for whose welfare he has so humanely urged their practical operation.
His plan for placing native youths with settlers to be taught some useful trade, with the mode of remuneration to the latter, but more particularly that for the employment of natives in the formation of roads, &c, might, with modifications, according to the difference of habits of the natives, and peculiar circumstances of the Colony, be successfully applied in New Zealand.
Corresponding to the importance of the measures
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PROTECTORS OF ABORIGINES.
regarding the natives, is the mode, or means by which they are to be faithfully executed, and brought into beneficial operation.
"Protector of Aborigines" is the official person by whom those duties are professed to be performed; but it is perfectly impracticable, that the various numerous duties of such an office, over such an extent of country, and so great a number of natives, can be performed by one person, with satisfaction to the Government, or with justice to the Aborigines.
Considering the numbers of the various tribes, their separate districts and population, the continual sale and transfer of their property to Government, the daily occurrence of disputes and differences between the natives and settlers, the frequent commission of offences and crimes, either by or against natives, requiring immediate inquiry and investigation, in various parts of the islands, neither protection nor justice can be properly afforded, either to European or native, without some comprehensive and well-regulated system, for the protection of the Aborigines.
There should be a Board of Commissioners, or Protectors,---three or five,---three acting, with the Governor and Bishop, as members, in virtue of their office, under whose controul, direction, and management, should be every matter and circumstance connected with, or relating to, the natives;---such as the present adjudication of the claims to land of Europeans, alleged to have been purchased from them---the future sale of their surplus lands to
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PROTECTORS OF ABORIGINES.
Government,---the protection and cultivation of their reserved lands---the establishment of churches and places of worship, and management of native schools, in various districts, ---the provision for medical attendance among them, periodically,---and the attendance in all courts of justice, civil and criminal, of advice and counsel in all suits, actions, and prosecutions, in which the natives are in any manner concerned.
The Board should be composed of individuals, acting in no other capacity, either under Government, or otherwise. They should receive their instructions direct from, and report to, the Colonial Office, through the Governor, but to be as much as is compatible with due regard to obedience to the local government, entirely independent of it, as regards their duties.
The justice and propriety of the Board, being independent, as regards their official duties, of the Local Government, will be obviously apparent when it is considered, that the Commissioners, on many and frequent occasions, will be, as it were, in collision with the Government in the character of Trustees for the natives, more particularly in the sale to the Queen, of their surplus land, and in the due fulfilment by the Local Government, of all regulations, for their amelioration and civilization, which may be enjoined by the Legislature in England.
To the Board should be attached, competent persons to act as interpreters, even if the Commissioners did understand the language, as the inter-
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FUND FOR THE EXPENSE OF PROTECTION.
preter would be collateral evidence to any native deposition or evidence, and the Commissioners should have power to appoint, on emergency, proper persons to act on their behalf, in distant and remote parts.
The duties of these Commissioners, which, in fact, would comprise the domestic government, and care of a population of above one hundred and fifty thousand Natives, spread over an area of fifty thousand square miles, would fully occupy their whole time and attention, and these duties are so varied and numerous, and of such responsible and important a character, that the remuneration, ought to be proportionate and liberal, so as to induce persons fully qualified, to undertake the office, in the Antipodean Colony.
The expenses of the Protectors of Aborigines, should, in all cases, be a secondary consideration with a humane and just Government, even in cases wherein it may be, in the first formation of a Colony, a direct charge on the local revenue; but if when, as in New Zealand, such expenses can most readily be provided for, by the resources of the Natives, there should be no parsimonious restrictions, to prevent the establishment of a full and effective Board of Commissioners, for the protection of the Aborigines, in that Colony.
The instructions from the Home Government, with regard to the provisions for a fund, to defray the expenses of the protection of Aborigines, have been various and anomalous. Lord John Russell,
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FUND FOR THE EXPENSE OF PROTECTION.
in his instructions to Captain Hobson, on his appointment of Governor of New Zealand, as an independent Colony, states, as to the appropriation of proceeds from Land Sales; "That the first use of money, thus to be raised, must be the defraying of the Land Department, including surveys, and other such works, as may be indispensable to give exchangeable value to the land.
"That from the surplus, no deduction be ever made for the indispensable exigencies of the public service, and for the benefit of the Aborigines, exceeding 50 per cent, on the net proceeds of the year.
"That the deduction be never made, except in so far as there may be a well ascertained deficiency of other funds for such services.
"That 50 per cent, of the net proceeds, at the least, be expended annually in emigration from this country."
These instructions are very vague and complicated throughout, and more particularly, with reference to the Aborigines, for there is no mention whatever, in any other part of the instructions, of what are the other funds, to be in the first instance appropriated to such services, on which the deficiency is to be well ascertained, before 50 per cent, of the surplus of the Land Fund, can be applied for the benefit of the Aborigines. In fact, there is not any other fund, except the Ordinary or Fixed Revenue, which is appropriated to, and wholly absorbed by the General Expenditure of the Colony.
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FUND FOR THE EXPENSE OF PROTECTION.
However, Lord John Russell, in a further despatch to Captain Hobson, in January, 1841, containing additional instructions on the subject, regulates---
"As often as any sale shall hereafter be effected in the Colony, of lands acquired by purchase from the Aborigines, there must be carried to the credit of the department of the Protector of Aborigines, a sum amounting to, not less then fifteen, nor more than twenty per cent, in the purchase money, which sum will constitute a fund, for defraying the charge of the Protector's establishment, and for defraying all other charges, which on recommendation of the Protector, the Governor and Executive Council, may have authorised, for promoting the health, civilization, education and spiritual care of the natives. Such sums, when not immediately required, must be invested in the best securities in New Zealand, or in New South Wales, in the name of the Governor. If, at any future time, the fund should be found to exceed every reasonable demand for this service, any ulterior augmentation of it may be suspended, until the want of additional funds, shall become apparent, or shall be reasonably anticipated. But generally speaking, the proceeds will be probably expended within the year."
This is a more intelligible and judicious plan, with more liberal provision for the protection of the natives.
But it assumes, that there should be only one Protector, with whom, and the Governor and Exe-
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FUND FOR THE EXPENSE OF PROTECTION.
cutive Council, all power and authority are centered, for promoting the health, civilization, education and spiritual care of the natives. As before observed, it is indispensable, that the Protector or Protectors should be perfectly unconnected with, and independent of, the local Colonial Government.
If the Home Government would establish a Board with full powers, such as the Protector, Governor, and Executive Council, would have had, according to Lord John Russell's instructions for the education and spiritual care of the natives, it might be rationally anticipated, that the large sums hitherto annually confided to a few individuals, by the Church Missionary Society, for similar purposes in New Zealand, would be transferred to be expended and disbursed, under such more enlightened and competent controul and management. It might further be expected that the numerous societies in Great Britain, as those for the propagation of the Gospel in Foreign Parts, for promoting Christian Knowledge, &c, whose avowed objects are the education, and spiritual care of all classes, whether Christian or Heathen, will, when such a Board, composed of efficient independent officers, is publicly known to be in active operation, place at their disposal also large sums to be appropriated to the several purposes, for which the individual charities were established.
With such probable powerful auxiliaries, the Government should, at once, establish the Board for the protection of the Aborigines, without any strin-
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FUND FOR THE EXPENSE OF PROTECTION,
gent restrictions, as to its primary expense, for the just, humane, and laudable purposes mentioned, and such comprehensive and liberal measures, would be the most effectual means for promoting the ends, respecting which, as Lord John Russell most justly observed, there can be no difference of opinion.
"These ends are, the protection of the Aborigines from injustice, cruelty and wrong;---the establishment and maintenance of friendly relations with them;---the diversion into useful channels of the capacities for labour, which have hitherto been lying dormant; the avoidance of every practice, towards them, tending to the destruction of their health, or the diminution of their numbers ;---the education of their youth;---and the diffusion amongst the whole native population, of the blessings of Christianity."
