Decoration.
Decoration.
Every Englishman's house is his castle. — My estate and castle. — How I purchased my estate. — Native titles to land, of what nature. — Value of land in New Zealand. — Land commissioners. — The triumphs of eloquence. — Magna Charta.
"Every Englishman's house is his castle," "I scorn the foreign yoke," and glory in the name of Briton, and all that. The natural end, however, of all castles is to be burnt or blown up. In England it is true you can call the constable, and should any foreign power attack you with grinding organ and white mice, you may hope for succours from without, from which cause "castles" in England are more long lived. In New Zealand, however, it is different, as, to the present day, the old system prevails, and castles continue to be disposed of in the natural way, as has been seen lately at Taranaki.
I now purchased a piece of land and built a "castle" for myself. I really can't tell to the present day who I purchased the land from, for there were about fifty different claimants, every one of whom assured me that the other forty-nine were "humbugs," and had no right whatever. The nature of the differenttitles of the different claimants was various. One man said his ancestors had killed off the first owners; another declared his ancestors had driven off the second party; another man, who seemed to be listened to with more respect than ordinary, declared that his ancestor had been the first possessor of all, and had never been ousted, and that this ancestor was a huge lizard that lived in a cave on the land many ages ago, and sure enough there was the cave to prove it. Besides the principal claims, there were an immense number of secondary ones—a sort of latent equities—which had lain dormant until it was known the pakeha had his eye on the land. Some of them seemed to me at the time odd enough. One man required payment because his ancestors, as he affirmed, had exercised the right of catching rats on it, but which he (the claimant) had never done, for the best of reasons,i.e., there were no rats to catch, except indeed pakeha rats, which were plenty enough, but this variety of rodent was not counted as game. Another claimed because his grandfather had been murdered on the land, and—as I am a veracious pakeha—another claimed payment becausehisgrandfather had committed the murder! Then half the country claimed payments of various value, from one fig of tobacco to a musket, on account of a certainwahi tapu, or ancient burying-ground, which was on the land, and in which every one almost had had relations or rather ancestors buried, as they could clearly make out, in old times, though no one had been deposited in it forabout two hundred years, and the bones of the others had been (as they said) removed long ago to atorerein the mountains. It seemed an awkward circumstance that there was some difference of opinion as to where this samewahi tapuwas situated, being, and lying, for in case of my buying the land it was stipulated that I should fence it round and make no use of it, although I had paid for it. (I, however, have put off fencing till the exact boundaries have been made out; and indeed I don't think I shall ever be called on to do so, the fencing proviso having been made, as I now believe, to give a stronger look of reality to the existence of the sacred spot, it having been observed that I had some doubts on the subject. No mention was ever made of it after the payments had been all made, and so I think I may venture to affirm that the existence of the saidwahi tapuis of very doubtful authenticity, though it certainly cost me a round "lot of trade.") There was one old man who obstinately persisted in declaring that he, and he alone, was the sole and rightful owner of the land; he seemed also to have a "fixed idea" about certain barrels of gunpowder; but as he did not prove his claim to my satisfaction, and as he had no one to back him, I of course gave him nothing; he nevertheless demanded the gunpowder about once a month for five-and-twenty years, till at last he died of old age, and I am now a landed proprietor, clear of all claims and demands, and have an undeniable right to hold my estate as long as ever I am able.
It took about three months' negotiation before the purchase of the land could be made; and, indeed, I at one time gave up the idea, as I found it quite impossible to decide who to pay. If I paid one party, the others vowed I should never have possession, and to pay all seemed impossible; so at last I let all parties know that I had made up my mind not to have the land. This, however, turned out to be the first step I had made in the right direction; for, thereupon, all the different claimants agreed amongst themselves to demand a certain quantity of goods, and divide them amongst themselves afterwards. I was glad of this, for I wished to buy the land, as I thought, in case I should ever take a trip to the "colonies," it would look well to be able to talk of "my estate in New Zealand." The day being now come on which I was to make the payment, and all parties present, I then and there handed over to the assembled mob the price of the land, consisting of a great lot of blankets, muskets, tomahawks, tobacco, spades, axes, &c. &c.; and received in return a very dirty piece of paper with all their marks on it, I having written the terms of transfer on it in English to my own perfect satisfaction. The cost per acre to me was, as near as can be, about five and a half times what the same quantity of land would have cost me at the same time in Tasmania; but this was not of much importance, as the value of land in New Zealand then, and indeed now, being chiefly imaginary, one could just as easily suppose it to be of a very great value as a very small one; I therefore did not complain of the cost.
While I am on the subject of land and land titles, I may as well here mention that many years after the purchase of my land I received notice to appear before certain persons called "Land Commissioners," who were part and parcel of the new inventions which had come up soon after the arrival of the first governor, and which are still a trouble to the land. I was informed that I must appear and prove my title to the land I have mentioned, on pain of forfeiture of the same. Now I could not see what right any one could have to plague me in this way, and if I had had no one but the commissioners and two or three hundred men of their tribe to deal with, I should have put my pa in fighting order, and told them to "come on;" for before this time I had had occasion to build a pa, (a little misunderstanding,) and being a regularly naturalized member of a strong tribe, could raise men to defend it at the shortest notice. But somehow these people had cunningly managed to mix up the name of Queen Victoria, God bless her! (no disparagement to King Potatau) in the matter; and I, though a pakeha Maori, am a loyal subject to her Majesty, and will stick up and fight for her as long as ever I can muster a good imitation of courage or a leg to stand upon. This being the case, I made a very unwilling appearance at the court, and explained and defended my title to the land in an oration of four hours and a half's duration; and which, though I was much out of practice, I flatter myself was a good specimen of English rhetoric, and which, for its own merits as well as for another reason which I was notaware of at the time, was listened to by the court with the greatest patience. When I had concluded, and having been asked "if I had any more to say?" I saw the commissioner beginning to count my words, which had been all written, I suppose, in shorthand; and having ascertained how many thousand I had spoken, he handed me a bill, in which I was charged by the word, for every word I had spoken, at the rate of one farthing and one twentieth per word. Oh, Cicero! Oh, Demosthenes! Oh, Pitt, Fox, Burke, Sheridan! Oh, Daniel O'Connell! what would have become of you, if such a stopper had been clapt on your jawing tackle? Fame would never have cracked her trumpet, and "Dan" would never have raised therint. For my part I have never recovered the shock. I have since that time become taciturn, and have adopted a Spartan brevity when forced to speak, and I fear I shall never again have the full swing of my mother tongue. Besides this, I was charged ten shillings each for a little army of witnesses who I had brought by way of being on the sure side—five shillings a head for calling them into court, and five more for "examining" them; said examination consisting of one question each, after which they were told to "be off." I do believe had I brought up a whole tribe, as I had thoughts of doing, the commissioners would not have minded examining them all. They were, I am bound to say, very civil and polite; one of them told me I was "a damned, infernal, clever fellow, and he should like to see a good many more like me." I hope I am not getting tedious, but thisbusiness made such an impression on me, that I can't help being too prolix, perhaps, when describing it. I have, however, often since that time had my doubts whether the Queen (God bless her!) got the money or knew half as much of the affair as they wanted to make out. Idon'tbelieve it. Our noble Queen would be clean above such a proceeding; and I mean to say it's against Magna Charta, it is! "Justice shallnot be sold," saith Magna Charta; and if it's not selling justice to make a loyal pakeha Maori pay for every word he speaks when defending his rights in a court of justice, I don't know what is.
Well, to make matters up, they after some time gave me a title for my land (as if I had not one before); but then, after some years, they made me give it back again, on purpose, as they said, that they might give me a better! But since that time several more years have passed, and I have not got it; so, as these things are now all the fashion, "I wish I may get it."
Decoration.
Decoration.
How I kept house. — Maori freebooters. — An ugly customer. — The "suaviter in modo." — A single combat to amuse the ladies. — The true Maori gentleman. — Character of the Maori people.
I never yet could get the proper knack of telling a story. Here I am now, a good forty years ahead of where I ought to be, talking of "title deeds" and "land commissioners," things belonging to the new and deplorable state of affairs which began when this country became "a British colony and possession," and also "one of the brightest jewels in the British crown." I must go back.
Having purchased my "estate," I set up housekeeping. My house was a good commodiousraupobuilding; and as I had a princely income of a few hundred a year "in trade," I kept house in a very magnificent and hospitable style. I kept always eight stout paid Maori retainers, the pay being one fig of tobacco per week, and their potatoes, which was about as much more. Their duties were not heavy; being chiefly to amuse themselves fishing, wrestling, shooting pigeons, or pig-hunting, with an occasional pull in the boat when I went on a water excursion. Besidesthese paid retainers, there was always about a dozen hangers-on, who considered themselves a part of the establishment, and who, no doubt, managed to live at my expense; but as that expense was merely a few hundredweight of potatoes a week, and an odd pig now and then, it was not perceptible in the good old times. Indeed these hangers-on, as I call them, were necessary; for now and then, in those brave old times, little experiments would be made by certain Maori gentlemen of freebooting propensities, and who were in great want of "British manufactures," to see what could be got by bullying "the pakeha," and to whom a good display of physical force was the only argument worth notice. These gentry generally came from a long distance, made a sudden appearance, and, thanks to my faithful retainers, who, as a matter of course, were all bound to fight for me, though I should have found it hard to get muchworkout of them, made as sudden a retreat, though on one or two occasions, when my standing army were accidentally absent, I had to do battle single-handed. I think I have promised somewhere that I would perform a single combat for the amusement of the ladies, and so I may as well do it now as at any other time. I shall, therefore, recount a little affair I had with one of these gentry, as it is indeed quite necessary I should, if I am to give any true idea of "the good old times." I must, however, protest against the misdeeds of a few ruffians—human wolves—being charged against the whole of their countrymen. At the time I am speaking of, the only restraint on such people was the fear ofretaliation, and the consequence was, that often a dare-devil savage would run a long career of murder, robbery, and outrage before meeting with a check, simply from the terror he inspired, and the "luck" which often accompanies outrageous daring. At a time, however, and in a country like New Zealand, where every man was a fighting man or nothing, these desperadoes, sooner or later, came to grief, being at last invariably shot, or run through the body, by some sturdy freeholder, whose rights they had invaded. I had two friends staying with me, young men who had come to see me from the neighbouring colonies, and to take a summer tour in New Zealand; and it so happened that no less than three times during my absence from home, and when I had taken almost all my people along with me, my castle had been invaded by one of the most notorious ruffians who had ever been an impersonation of, or lived by, the law of force. This interesting specimen of thegenus homohad, on the last of these visits, demanded that my friends should hand over to him one pair of blankets; but as the prospectus he produced, with respect to payment, was not at all satisfactory, my friends declined to enter into the speculation, the more particularly as the blankets were mine. Our freebooting acquaintance then, to explain his views more clearly, knocked both my friends down; threatened to kill them both with his tomahawk; then rushed into the bed-room, dragged out all the bed-clothes, and burnt them on the kitchen fire.
This last affair was rather displeasing to me. Iheld to the theory that every Englishman's house was his castle, and was moreover rather savage at my guests having been so roughly handled. I in fact began to feel that though I had up to this time managed to hold my own pretty well, I was at last in danger of falling under the imposition of "black mail," and losing mystatusas an independent potentate—arangatiraof the first water. I then and there declared loudly that it was well for the offender that I had not been at home, and that if ever he tried his tricks withmehe would find out his mistake. These declarations of war, I perceived, were heard by my men in a sort of incredulous silence, (silence in New Zealand givesdis-sent,) and though the fellows were stout chaps, who would not mind a row with any ordinary mortal, I verily believe they would have all ran at the first appearance of this redoubted ruffian. Indeed his antecedents had been such as might have almost been their excuse. He had killed several men in fair fight, and had also—as was well known—committed two most diabolical murders, one of which was on his own wife, a fine young woman, whose brains he blew out at half a second's notice for no further provocation than this:—He was sitting in the verandah of his house, and told her to bring him a light for his pipe. She, being occupied in domestic affairs, said, "Can't you fetch it yourself? I am going for water." She had the calibash in her hand and their infant child on her back. He snatched up his gun and instantly shot her dead on the spot; and I had heard him afterwards describing quite coolly the comicalway in which her brains had been knocked out by the shot with which the gun was loaded. He also had, for some trifling provocation, lopped off the arm of his own brother or cousin, I forget which, and was, altogether, from his tremendous bodily strength and utter insensibility to danger, about as "ugly a customer" as one would care to meet.
I am now describing a regular Maori ruffian of the good old times, the natural growth of a state of society wherein might was to a very great extent right, and where bodily strength and courage were almost the sole qualities for which a man was respected or valued. He was a bullet-headed, scowling, bow-legged, broad-shouldered, herculean savage, and all these qualifications combined made him unquestionably "a greatrangatira," and, as he had never been defeated, hismanawas in full force.
A few weeks after the affair of the blankets, as I was sitting all alone reading a Sydney newspaper, which, being only a year old, was highly interesting, my friends and all my natives having gone on an expedition to haul a large fishing net, who should I see enter the room and squat down on the floor, as if taking permanent possession, but the amiable and highly interesting individual I have taken so much trouble to describe. He said nothing, but his posture and countenance spoke whole volumes of defiance and murderous intent. He had heard of the threats I had made against him, and there he was, let me turn him out if I dare. That was his meaning—there was no mistaking it.
I have all my life been an admirer of thesuaviter in modo, though it is quite out of place in New Zealand. If you tell a man—a Maori I mean—in a gentle tone of voice and with a quiet manner, that if he continues a given line of conduct you will begin to commence to knock him down, he simply disbelieves you, and thereby forces you to do that which, if you could have persuaded yourself to have spoken very uncivilly at first, there would have been no occasion for. I have seen many proofs of this, and though I have done my best for many years to improve the understanding of my Maori friends in this particular, I find still there are but very few who can understand at all how it is possible that thesuaviter in modocan be combined with thefortiter in re. They in fact can't understand it for some reason perfectly inexplicable to me. It was, however, quite a matter of indifference, I could perceive, how I should open proceedings with my friend, as he evidently meant mischief. "Habit is second nature," so I instinctively took to thesuaviter. "Friend," said I, in a very mild tone and with as amiable a smile as I could get up, in spite of a certain clenching of the teeth which somehow came on me at the moment, "my advice to you is to be off." He seemed to nestle himself firmer in his seat, and made no answer but a scowl of defiance. "I am thinking, friend, that this is my house," said I, and springing upon him I placed my foot to his shoulder, and gave a shove which would have sent most people heels over head. Not so, however, with my friend. It shook him, certainly, alittle; but in an instant, as quick as lightning, and as it appeared with a single motion, he bounded from the ground, flung his mat away over his head, and struck a furious blow at my head with his tomahawk. I escaped instant death by a quickness equal to or greater than his own. My eye was quick, and so was my arm; life was at stake. I caught the tomahawk in full descent; the edge grazed my hand; but my arm, stiffened like a bar of iron, arrested the blow. He made one furious, but ineffectual, effort to tear the tomahawk from my grasp; and then we seized one another round the middle, and struggled like maniacs in the endeavour to dash each other against the boarded floor, I holding on for dear life to the tomahawk, and making desperate efforts to get it from him, but without a chance of success, as it was fastened to his wrist by a strong thong of leather. He was, as I soon found, somewhat stronger than me, and heavier; but I was as active as a cat, and as long-winded as an emu, and very far from weak. At last he got awiriround my leg; and had it not been for the table on which we both fell, and which, in smashing to pieces, broke our fall, I might have been disabled, and in that case instantly tomahawked. We now rolled over and over on the floor like two mad bulldogs; he trying to bite, and I trying to stun him by dashing his bullet head against the floor. Up again!—still both holding on to the tomahawk. Another furious struggle, in the course of which both our heads, and half our bodies, were dashed through the two glass windows in the room, and every single article of furniturewas reduced to atoms. Down again, rolling like mad, and dancing about amongst the rubbish—the wreck of the house. By this time we were both covered with blood from various wounds, received I don't know how. I had been all this time fighting under a great disadvantage, for my friend was trying to kill me, and I was only trying to disarm and tie him up—a much harder thing than to kill. My reason for going to this trouble was, that as there were no witnesses to the row, if I killed him, I might have had serious difficulties with his tribe. Up again; another terrific tussle for the tomahawk; down again with a crash; and so this life or death battle went on, down and up, up and down, for a full hour. At last I perceived that my friend was getting weaker, and felt that victory was only now a question of time. I, so far from being fatigued, was even stronger. Another desperate wrestling match. I lifted my friend high in my arms, and dashed him, panting, furious, foaming at the mouth, butbeaten, against the ground. There he lies; the worshipper of force. His god has deserted him. But no, not yet. He has one more chance, and a fatal one it nearly proved to me. I began to unfasten the tomahawk from his wrist. An odd expression came over his countenance. He spoke for the first time. "Enough, I am beaten; let me rise." Now I had often witnessed the manly and becoming manner in which some Maoris can take defeat, when they have been defeated in what they consider fair play. I had also ceased to fear my friend, and so incautiously let go his left arm. Likelightning he snatched at a large carving fork which, unperceived by me, was lying on the floor amongst the smashed furniture anddébrisof my household effects; his fingers touched the handle, and it rolled away out of his reach, and my life was saved. He then struck me with all his remaining force on the side of the head, causing the blood to flow out of my mouth. One more short struggle, and he was conquered. But now I had at last got angry. The drunkenness, the exhilaration of fight, which comes on some constitutions, was fairly on me. I had also a consciousness that now I must kill my man, or, sooner or later, he would kill me. I thought of the place I would bury him; how I would stun him first with the back of the tomahawk, to prevent too much blood being seen; how I would then carry him off (I could carry two such men now, easy). I wouldmurderhim and cover him up. I unwound the tomahawk from his wrist: he was passive and helpless now. I wished he was stronger, and told him to get up and "die standing," as his countrymen say. I clutched the tomahawk for thecoup-de-grâce, (I can't help it, young ladies, the devil is in me,)—at this instant a thundering sound of feet is heard,—a whole tribe are coming! Now am I either lost or saved!—saved from doing that which I should afterwards repent, though constrained by necessity to do it. The rush of charging feet comes closer. In an instant comes dashing and smashing through doors and windows, in breathless haste and alarm, a whole tribe of friends. Small ceremony now with my antagonist.He was dragged by the heels, stamped on, kicked, and thrown half-dead, or nearly quite dead, into his canoe. All the time we had been fighting a little slave imp of a boy belonging to my antagonist had been loading the canoe with my goods and chattels, and had managed to make a very fair plunder of it. These were all now brought back by my friends, except one cloth jacket, which happened to be concealed under thewhariki, and which I only mention because I remember that the attempt to recover it some time afterwards cost one of my friends his life. The savage scoundrel who had so nearly done for me, broke two of his ribs, and so otherwise injured him that he never recovered, and died after lingering about a year. My friends were going on a journey, and had called to see me as they passed. They saw the slave boy employed as I have stated, and knowing to whom he belonged had rushed at once to the rescue, little expecting to find me alive. I may as well now dispose of this friend of mine by giving his after history. He for a long time after our fight went continually armed with a double gun, and said he would shoot me wherever he met me; he however had had enough of attacking me in my "castle," and so did not call there any more. I also went continually armed, and took care also to have always some of my people at hand. After this, this fellow committed two more murders, and also killed in fair fight with his own hand the first man in a native battle, in which the numbers on each side were about three hundred, and which I witnessed. The man hekilled was a remarkably fine young fellow, a great favourite of mine. At last, having attacked and attempted to murder another native, he was shot through the heart by the person he attempted to murder, and fell dead on the spot, and so there died "a greatrangatira." His tribe quietly buried him and said no more about it, which showed their sense of right. Had he been killed in what they considered an unjust manner, they would have revenged his death at any cost; but I have no doubt they themselves were glad to get rid of him, for he was a terror to all about him. I have been in many a scrape both by sea and land, but I must confess that I never met a more able hand at an argument than this Maorirangatira.
I have not mentioned my friend's name with whom I had this discussion on the rights of Englishmen, because he has left a son, who is a greatrangatira, and who might feel displeased if I was too particular, and I am not quite so able now to carry out a "face-to-face" policy as I was a great many years ago; besides there is a sort of "honour amongst thieves" feeling between myself and my Maori friends on certain matters which we mutually understand are not for the ears of the "new people."
Now, ladies, I call that a fairish good fight, considering no one is killed on either side. I promise to be good in future and to keep the peace, if people will let me; and indeed, I may as well mention, that from that day to this I have never had occasion to explain again to a Maori how it is that "every Englishman's house is his castle."
"Fair play is a jewel;" and I will here, as bound in honour to do, declare that I have met amongst the natives with men who would be a credit to any nation; men on whom nature had plainly stamped the mark of "Noble," of the finest bodily form, quick and intelligent in mind, polite and brave, and capable of the most self-sacrificing acts for the good of others; patient, forbearing, and affectionate in their families; in a word, gentlemen. These men were the more remarkable, as they had grown up surrounded by a set of circumstances of the most unfavourable kind for the development of the qualities of which they were possessed; and I have often looked on with admiration, when I have seen them protesting against, and endeavouring to restrain some of, the dreadful barbarities of their countrymen.
As for the Maori people in general, they are neither so good or so bad as their friends and enemies have painted them, and I suspect are pretty much like what almost any other people would have become, if subjected for ages to the same external circumstances. For ages they have struggled against necessity in all its shapes. This has given to them a remarkable greediness for gain in every visible and immediately tangible form. It has even left its mark on their language. Without the aid of iron the most trifling tool or utensil could only be purchased by an enormously disproportionate outlay of labour in its construction, and, in consequence, became precious to a degree scarcely conceivable by people of civilised and wealthy countries. This great value attached topersonal property of all kinds, increased proportionately the temptation to plunder; and where no law existed, or could exist, of sufficient force to repress the inclination, every man, as a natural consequence, became a soldier, if it were only for the defence of his own property and that of those who were banded with him—his tribe, or family. From this state of things regular warfare arose, as a matter of course; the military art was studied as a science, and brought to great perfection as applied to the arms used; and a marked military character was given to the people. The necessity of labour, the necessity of warfare, and a temperate climate, gave them strength of body, accompanied by a perseverance and energy of mind perfectly astonishing. With rude and blunt stones they felled the giant kauri—toughest of pines; and from it, in process of time, at an expense of labour, perseverance, and ingenuity perfectly astounding to those who know what it really was—produced, carved, painted, and inlaid, a masterpiece of art, and an object of beauty—the war canoe, capable of carrying a hundred men on a distant expedition, through the boisterous seas surrounding their island.
As a consequence of their warlike habits and character, they are self-possessed and confident in themselves and their own powers, and have much diplomatic finesse and casuistry at command. Their intelligence causes them theoretically to acknowledge the benefits of law, which they see established amongst us, but their hatred of restraint causes them practically to abhor and resist its full enforcementamongst themselves. Doubting our professions of friendship, fearing our ultimate designs, led astray by false friends, possessed of that "little learning" which is, in their case, most emphatically "a dangerous thing," divided amongst themselves,—such are the people with whom we are now in contact,—such the people to whom, for our own safety and their preservation, we must give new laws and institutions, new habits of life, new ideas, sentiments, and information,—whom we must either civilise or by our mere contact exterminate. How is this to be done?[5]Let me see. I think I shall answer this question when I am prime minister.
Decoration.
Decoration.
Excitement caused by first contact with Europeans. — The two great institutions of Maori land. — The Muru. — The Tapu. — Instances of legal robbery. — Descriptions and Examples of the Muru. — Profit and loss. — Explanation of some of the workings of the law of Muru.
The natives have been for fifty years or more in a continual state of excitement on one subject or another, which has had a markedly bad effect on their character and physical condition, as I shall by-and-by take occasion to point out. When the first straggling ships came here the smallest bit of iron was a prize so inestimable that I might be thought to exaggerate were I to tell the bare truth on the subject. The excitement and speculation caused by a ship being seen off the coast was immense. Where would she anchor? Whatironcould be got from her? Would it be possible to seize her? The oracle was consulted, preparations were made to follow her along the coast, even through an enemy's country, at all risks; and when she disappeared she was not forgotten, and would continue long to be the subject of anxious expectation and speculation.
After this, regular trading began. The great madness then was for muskets and gunpowder. A furious competition was kept up. Should any tribe fail to procure a stock of these articles as soon as its neighbours, extermination was its probable doom. We may then imagine the excitement, the over-labour, the hardship, the starvation (occasioned by crops neglected whilst labouring to produce flax or other commodity demanded in payment)—I say imagine, but I have seen at least part of it.
After the demand for arms was supplied, came a perfect furore for iron tools, instruments of husbandry, clothing, and all kinds of pakeha manufactures. These things having been quite beyond their means while they were supplying themselves with arms, they were in the most extreme want of them, particularly iron tools. A few years ago the madness ran upon horses and cattle; and now young New Zealand believes in nothing but money, and they are continually tormenting themselves with plans to acquire it in large sums at once, without the trouble of slow and saving industry, which, as applied to the accumulation of money, they neither approve of nor understand; nor will they ever, as a people, take this mode till convinced that money, like everything else of value, can only be procured as a rule by giving full value for it, either in labour or the produce of labour.
Here I am, I find, again before my story. Right down to the present time talking of "young New Zealand," and within a hair's-breadth of settling"the Maori difficulty" without having been paid for it, which would have been a great oversight, and contrary to the customs of New Zealand. I must go back.
There were in the old times two great institutions, which reigned with iron rod in Maori land—theTapuand theMuru. Pakehas who knew no better, called themurusimply "robbery," because the wordmuru, in its common signification, means to plunder. But I speak of the regular legalized and established system of plundering as penalty for offences, which in a rough way resembled our law by which a man is obliged to pay "damages." Great abuses had, however, crept into this system—so great, indeed, as to render the retention of any sort of moveable property almost an impossibility, and to, in a great measure, discourage the inclination to labour for its acquisition. These great inconveniences were, however, met, or in some degree softened, by an expedient of a peculiarly Maori nature, which I shall by-and-by explain. The offences for which people were plundered were sometimes of a nature which, to amerepakeha, would seem curious. A man's child fell in the fire and was almost burnt to death. The father was immediately plundered to an extent that almost left him without the means of subsistence: fishing nets, canoes, pigs, provisions—all went. His canoe upset, and he and all his family narrowly escaped drowning—some were, perhaps, drowned. He was immediately robbed, and well pummelled with a club into the bargain, if he was not good at the science of self-defence—the club part of theceremony being always fairly administered one against one, and after fair warning given to defend himself. He might be clearing some land for potatoes, burning off the fern, and the fire spreads farther than he intended, and gets into awahi tapuor burial-ground. No matter whether any one has been buried in it or no for the last hundred years, he is tremendously robbed. In fact, for ten thousand different causes a man might be robbed; and I can really imagine a case in which a man for scratching his own head might be legally robbed. Now, as the enforcers of this law were also the parties who received the damages, as well as the judges of the amount, which in many cases (such as that of the burnt child) would be everything they could by any means lay hands on, it is easy to perceive that under such a system personal property was an evanescent sort of thing altogether. These executions or distraints were never resisted; indeed, in many cases, as I shall explain by-and-by, it would have been felt as a slight, and even an insult,notto be robbed; the sacking of a man's establishment being often taken as a high compliment, especially if his head was broken into the bargain; and to resist the execution would not only have been looked upon as mean and disgraceful in the highest degree,but it would have debarred the contemptible individual from the privilege of robbing his neighbours, which was the compensating expedient I have alluded to. All this may seem a waste of words to my pakeha Maori readers, to whom these things have become such matters of course asto be no longer remarkable; but I have remembered that there are so many new people in the country who don't understand the beauty of being knocked down and robbed, that I shall say a few more words on the subject.
The tract of country inhabited by a single tribe might be say from forty to a hundred miles square, and the different villages of the different sections of the tribe would be scattered over this area at different distances from each other. We will, by way of illustrating the working of themurusystem, take the case of the burnt child. Soon after the accident it would be heard of in the neighbouring villages; the family of the mother are probably the inhabitants of one of them; they have, according to the law ofmuru, the first and greatest right to clean out the afflicted father—a child being considered to belong to the family of the mother more than to that of the father—in fact it is their child, who the father has the rearing of. The child was moreover a promising lump of a boy, the makings of a future warrior, and consequently very valuable to the whole tribe in general, but to the mother's family in particular. "A pretty thing to let him get spoiled." Then he is a boy of good family, arangatiraby birth, and it would never do to let the thing pass without making a noise about it. That would be an insult to the dignity of the families of both father and mother. Decidedly, besides being robbed, the father must be assaulted with the spear. True, he is a famous spearman, and for his own credit must "hurt" someone or another if attacked. But this is of no consequence; a flesh wound more or less deep is to be counted on; and then think of the plunder! It is against the law ofmuruthat any one should be killed, and first blood ends the duel. Then the natural affection of all the child's relations is great. They are all in a great state of excitement, and trying to remember how many canoes, and pigs, and other valuable articles, the father has got: for this must be a clean sweep. A strong party is now mustered, headed probably by the brother of the mother of the child. He is a stout chap, and carries a long tough spear. A messenger is sent to the father, to say that thetaua muruis coming, and may be expected to-morrow, or the next day. He asks, "Is it a greattaua?" "Yes; it is a very greattauaindeed." The victim smiles, he feels highly complimented, heisthen a man of consequence. His child is also of great consideration; he is thought worthy of a large force being sent to rob him! Now he sets all in motion to prepare a huge feast for the friendly robbers his relations. He may as well be liberal, for his provisions are sure to go, whether or no. Pigs are killed and baked whole, potatoes are piled up in great heaps, all is made ready, he looks out his best spear, and keeps it always ready in his hand. At last thetauaappears on a hill half a mile off; then the whole fighting men of the section of the tribe of which he is an important member, collect at his back, all armed with spear and club, to show that they could resist if they would—a thing, however, not to be thought of under the circumstances.On comes thetaua. The mother begins to cry in proper form; the tribe shout the call of welcome to the approaching robbers; and then with a grand rush, all armed, and looking as if they intended to exterminate all before them, thekai muruappear on the scene. They dance the war dance, which the villagers answer with another. Then the chief's brother-in-law advances, spear in hand, with the most alarming gestures. "Stand up!—stand up! I will kill you this day," is his cry. The defendant is not slow to answer the challenge. A most exciting, and what to a new pakeha would appear a most desperately dangerous, fencing bout with spears instantly commences. The attack and defence are in the highest degree scientific; the spear shafts keep up a continuous rattle; the thrust, and parry, and stroke with the spear shaft follow each other with almost incredible rapidity, and are too rapid to be followed by an unpractised eye. At last the brother-in-law is slightly touched; blood also drops from our chief's thigh. The fight instantly ceases; leaning on their spears, probably a little badinage takes place between them, and then the brother-in-law roars out "murua! murua! murua!" Then the new arrivals commence a regular sack, and the two principals sit down quietly with a few others for a friendly chat, in which the child's name is never mentioned, or the inquiry as to whether he is dead or alive even made. The case I have just described would, however, be one of more than ordinary importance; slighter "accidents and offences" would be atoned for by amilder form of operation. But the general effect was to keep personal property circulating from hand to hand pretty briskly, or indeed to convert it into public property; for no man could say who would be the owner of his canoe or blanket in a month's time. Indeed, in that space of time, I once saw a nice coat, which a native had got from the captain of a trading schooner, and which was an article much coveted in those days, pass through the hands, and over the backs, of six different owners, and return, considerably the worse for wear, to the original purchaser; and all these transfers had been made by legal process ofmuru. I have been often myself paid the compliment of being robbed for little accidents occurring in my family, and have several times also, from a feeling of politeness, robbed my Maori friends, though I can't say I was a great gainer by these transactions. I think the greatest haul I ever made was about half a bag of shot, which I thought a famous joke, seeing that I had sold it the day before to the owner for full value. A month after this I was disturbed early in the morning by a voice shouting, "Get up!—get up! I will kill you this day. You have roasted my grandfather. Get up!—standup!" I, of course, guessed that I had committed some heinous though involuntary offence, and the "stand up" hinted the immediate probable consequences; so out I turned, spear in hand, and who should I see, armed with a bayonet on the end of a long pole, but my friend the umwhile owner of the bag of shot. He came at me with pretended fury,made some smart bangs and thrusts, which I parried, and then explained to me that I had "cooked his grandfather;" and that if I did not come down handsome in the way of damages, deeply as he might regret the necessity, his own credit, and the law ofmuru, compelled him either to sack my house or die in the attempt. I was glad enough to prevent either event, by paying him two whole bags of shot, two blankets, divers fish-hooks, and certain figs of tobacco, which he demanded. I found that I had really and truly committed a most horrid crime. I had on a journey made my fire at the foot of a tree, in the top of which the bones of my friend's grandfather had once been deposited, but from which they had been removed ten years before; the tree caught fire and had burnt down: and I, therefore, by a convenient sort of figure of speech, had "roasted his grandfather," and had to pay the penalty accordingly.
It did not require much financial ability on my part, after a few experiences of this nature, to perceive that I had better avail myself of my privileges as a pakeha, and have nothing further to do with the law ofmuru—a determination I have kept to strictly. If ever I have unwittingly injured any of my neighbours, I have always made what I considered just compensation, and resisted themurualtogether; and I will say this for my friends, that when any of them have done an accidental piece of mischief, they have, in most cases without being asked, offered to pay for it.
The above slight sketch of the penal law of NewZealand I present and dedicate to the Law Lords of England, as it might, perhaps, afford some hints for a reform in our own. The only remark I shall have to add is, that if a man killed another, "malice prepense aforethought," the act, in nineteen cases out of twenty, would be either a very meritorious one, or of no consequence whatever; in either of which cases the penal code had, of course, nothing to do in the matter. If, however, a man killed another byaccident, in the majority of cases the consequences would be most serious; and not only the involuntary homicide, but every one connected with him, would be plundered of everything they possessed worth taking. This, however, to an English lawyer, may require some explanation, which is as follows:—If a man thought fit to kill his own slave, it was nobody's affair but his own; the law had nothing to do with it. If he killed a man of another tribe, he had nothing to do but declare it was in revenge or retaliation for some aggression, either recent or traditional, by the other tribe, of which examples were never scarce. In this case the action became at once highly meritorious, and his whole tribe would support and defend him to the last extremity. If he, however, killed a man by accident, the slain man would be, as a matter of course, in most instances, one of his ordinary companions—i.e., one of his own tribe. The accidental discharge of a gun often caused death in this way. Then, indeed, the law ofmuruhad full swing, and the wholesale plunder of the criminal and family was the penalty. Murder, as the natives understood it—thatis to say, the malicious destruction of a man ofthe same tribe—did not happen as frequently as might be expected; and when it did, went in most cases unpunished; the murderer in general managing to escape to some other section of the tribe where he had relations, who, as he fled to them for protection, were bound to give it, and always ready to do so; or otherwise he would stand his ground and defy all comers, by means of the strength of his own family or section, who all would defend him and protect him as a mere matter of course; and as the law ofutuorlex talioniswas the only one which applied in this case, and as, unlike the law ofmuru, nothing was to be got by enforcing it but hard blows, murder in most cases went unpunished.
[And so, in this day, when a Maori, for some real or fancied injury, or as a means to elevate his name, kills some wretched white man, he nearly always goes unpunished. The Government ask for him to be given up, the tribe refuse, and there is an end of the matter.—Pembroke.]