284
THE NEW ZEALAND GAZETTE.

condition on which Her Majesty's clemency
is extended to them. The advantages of such
a settlement (in which, however, I need
hardly say the position of the Maoris as
defeated rebels should be unequivocally
exhibited) are too manifest to need explana-
tion.

But if this should be found impossible, you
are at liberty, subject to the following
reservations, to give your concurrence in
bringing the Law into operation.

A measure should be at once submitted to
the Legislature to limit the duration of the
Act to a definite period, not exceeding, I
think, two years from its original enactment
—a period long enough to allow for the
necessary enquiries respecting the extent,
situation, and justice of the forfeiture, yet
short enough to relieve the conquered party
from any protracted suspense, and to assure
those who have adhered to us that there is
no intention of suspending in their case the
ordinary principles of Law.

The aggregate extent of the forfeitures
should be at once made known, and their
exact position as soon as possible.

A Commission should be constituted for
the special purpose of enquiring what lands
may properly be forfeited. The members of
this Commission should not be removable
with the Ministry, and should be so chosen
as to guarantee a fair and careful considera-
tion of the matters brought before them.

It should be clearly understood that your
own concurrence in any forfeiture is not to be
considered as a mere Ministerial act, but that
it will be withheld unless you are personally
satisfied that the confiscation is just and
moderate.

And here I must observe that if in the
settlement of the forfeited districts all the
land which is capable of remunerative culti-
vation should be assigned to Colonists, and
the original owner—the Maori—be driven
back to the forest and morass, the sense of
injustice, combined with the pressure of want,
would convert the native population into a
desperate banditti, taking refuge in the
solitudes of the interior from the pursuit of
the police or military, and descending when
opportunity might occur into the cultivated
plain to destroy the peaceful fruits of industry.

I rely on your wisdom and justice to avert a
danger so serious in its bearing on the interests
of the European, not less than of the Native
Race.

Turning to that part of the law which
authorizes the dispossession of persons who
have not been involved in the recent rebellion,
I have to observe that although Her Majesty's
Government admit with regret that the tribal
nature of the native tenure will sometimes
render it unavoidable that innocent persons
should be deprived of their lands, they con-
sider that land should not be appropriated
against the will of the owners merely because
it is in the same district with rebel property,
and may conveniently be used for purposes of
settlement, but only in cases where loyal or
neutral natives are unfortunate enough to be
joint owners with persons concerned in the
rebellion, or because it is absolutely required
for some purpose of defence or communica-
tion, or on some similar ground of necessity.

But every such case of supposed necessity
should be examined with the greatest care,
and admitted with the greatest caution and
reserve.

The compensation to be given to persons
thus dispossessed is properly by the Act itself
made the subject of inquiry in an open Court.

But the 5th section of the Act ought to be
so modified that the powers of the Court may
not be limited in any manner which would
prevent its doing complete justice to the claims
of every innocent person, or extending reason-
able consideration to those whose guilt was of
a less heinous character—a class which, in the
varying temper of the New Zealand tribes, is
probably large. I trust that in accepting any
cession, or authorising confirmation of any
forfeiture of land, you will retain in your own
hands ample power of doing substantial justice
to every class of claimant for restitution or
compensation.

Finally, when you have taken all the powers
and received all the cessions which you think
necessary for the satisfactory pacification of
the islands, you will do well to accompany
these measures of justice and severity by the
announcement of a general amnesty from
which those only should be excepted who
have been concerned in the murders of
unoffending settlers, or other like offences of
a heinous and strictly exceptional character.

In order to mark as much as possible the
discriminating character of British justice, the
exception from the amnesty should not be
couched in general terms, but should recite
one by one the specific outrages which remain
unpardoned.

Subject to these cautions and conditions,
and in full confidence that you will act on the
general principles which I have before laid
down (and in which I anticipate your cordial
concurrence) Her Majesty's Government are
prepared to leave in your hands the power
with which you have been entrusted by the
Legislature of the Colony.

In the Despatch in which you have trans-
mitted to me these measures, you have ex-
pressed, in terms with which I entirely agree,
your own appreciation of a generous policy,
and of its beneficial consequences when
adopted on former occasions in New Zealand.

You give at the same time your reasons, the
justice of which I am not prepared to dispute,
for determining that the circumstances of the
present case justly and necessarily call for
measures of severity, such as have not been
adopted at the close of former wars; but you
accompany these reasons with the expression
of your opinion that this severity ought not
to be carried too far. I recognise also with
satisfaction the statement of your Ministers
on the occasion of their first submitting to you