E—No. 9

THE KOHIMARAMA CONFERENCE.

The Natives are virtually, though not technically, Foreigners, and are prima facie, entitled to the advantage extended by the English Law to other Foreigners in the Jury de medietate lingoae. This has been long recognised, and the formation of mixed Juries provided for by the Colonial Legislature. But practical difficulties arising out of the low social state of the Maories, have hitherto been supposed to make the Jury de medietate a questionable benefit either to the Natives themselves or the Country. Their tribal divisions and ancestral hatreds have, in particular, been considered to constitute obstacles. It has been thought that a fair trial could not be secured if the accused were tried by Natives of other, and possibly hostile Tribes ; whilst, if members of the own Tribe were allowed to sit on the Jury, convictions would become impossible, and the ends of Justice be defeated. The diminution of hostile feeling between Tribe and Tribe due to a state of comparative peace to the increase of the European population, and to the advancing civilization of the Natives themselves, has lessened the force of these objections; and the obvious fairness of the principle of mixed Juries is so great a moral advantage, that, as already stated, Ministers believe that the time has come for its introduction. It will be observed that the adoption of the Institution is entirely in accordance with the spirit of the legislation on Native Affairs of the late Session of the General Assembly. The existing law upon the subject of mixed Juries ("Jury Amendment Ordinance, 1844, Leg. Cnl., Isess. 3, No. 2, cl. I.") appears technically defective, so that further legislation would probably be necessary. But before any measure is introduced in the General Assembly, Ministers recommend that the subject be brought before the Native Meeting at Kohimarama, that the difficulties which have stood in the way of the introduction of mixed Juries be fully explained, and that the sense of the Meeting be taken upon the question whether such Juries would be practicable and would work well. (Signed) C. W. Richmond. Speeches were delivered by the following Chiefs, viz.:— Tamiliana Te Rauparaha, Hone Ropiha(afew words), M«te Kinjji, WireiuuTamihanaTeNeke, Hohepa Tamaihengia, Piri Kauwau, Tamihana Te Rauparaha (2nd speech), Mohi. Meeting adjourned to 26th instant, THURSDAY, 26th JULY, 1860. The Native Secretary opened the Conference with the following speech :— Friends, Chiefs of the Runanga,— No doubt you will be anxious to hear the most recent news from Taranaki. The intelligence received by the last steamer is that 750 fresh troops have arrived at Taranaki from Australia: as the older men among you would count, 300. No engagement lias taken place since the one at Puketakauere. I have not previously given the whole of you the particulars of that fight, although I have named it to many most interested in it. The Governor, as I have before stated, has been unjustly charged with making war. I believe that in this instance it was the Waikato who provoked an encounter: they fired upon the so'diers, who had been directed by their chief not to molest any Natives, friends or foes. The soldiers were in the vicinity of tie Camp when they were fiied upon. It was then that the troops turned out, when an encounter took place, in which 30 of the troops were killed. It is not the practice of the Europeans to conceal the number of their slain, —therefore you are frankly informed of the loss sustained by the English on this occasion. The number of the Natives killed is not known, —it is repotted that many were slain. Among the chiefs who fell was Wi Kingi's brother, Matiu; and, since the engagement, Hapurona is said to have died of his wounds; it is also slated some Waikatos were killed. I merely refer now to the men of rank whose names are known to you. The Governor was always in hope that this state of things might have been averted, and some terms arranged for putting an end to the war. Tlie Governor desires peace: but how is he to give effect to his desire when the Natives compel him to fight in self-defence ? It has'been said that, if Wi Kingi had been left to himeelf, this matter would have ended. It is the interference of other tribes that prolongs the struggle. You have alieady heard of the long cherished design of the Taranaki and Ngatiruanui to destroy the Europeans. This lias been intended for the last seven years. It is not the custom of the troops to take advantage of unprotected persons, who may be passing to and fro. Recently, a European at Waitara, who went to look after cattle, was fired upon, and received three wounds, fiom which he is not expected to recover. It is stated that Kawhia people are making certain proposals of peace,— but, as the steamer was leaving, and the people making the proposal were in the bush or out of sight, Mr. Whiteley, who was in communication with them, could not definitely state the terms. With respect to the statement of Tamihana and Mohi, they cau be easily answered. In due course, I will reply to their speeches. It is quite conect that you should all freely express your

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