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Old New Zealand

A PAKEHA MAORI. (continued 2)

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This was a taua muru (a robbing expedition) in revenge for the leader having been cleaned out by our chief, which gave them the right to rob any one connected with, related to, or under the protection of, our chief aforesaid, provided always that they were able. We, on the other hand, had the clear right to kill any of the robbers, which would then have given them the right to kill us; but until we killed some of them, it would not have been "correct" for them to have taken life, so they managed the thing neatly, in order that they should have no occasion to do so. The whole proceeding was unobjectionable in every respect, and tika (correct). Had we put in our nine-pound shot at the stern of their canoe, it would have been correct also; but as we were not able, we had no right whatever to complain.

The above is good law: and here I may as well inform the New Zealand public that I am going to write the whole law of this land in a book, which I shall call "Ko nga ture;" and as I intend it for the good of both races, I shall mix the two languages up in such a way that neither can understand; but this does not matter, as I shall add a "glossary," in Coptic, to make things clear.

Some time after this, a little incident worth noting happened at my friend Mr. ——'s place. Our chief had, for some time back, a sort of dispute with another magnate, who lived about ten miles off. I really cannot say who was in the right: the arguments on both sides were so nearly balanced, that I should not like to commit myself to a judgment in the case. The question was at last brought to a fair hearing at my friend's house. The arguments on both sides were very forcible; so much so that in the course of the arbitration our chief and thirty of his principal witnesses were shot dead in a heap before my friend's door, and sixty others badly wounded, and my friend's house and store blown up and burnt to ashes.

My friend was all but, or, indeed, quite ruined; but it would not have been "correct" for him to complain—his loss in goods being far overbalanced by the loss of the tribe in men. He was, however, consoled by hundreds of friends who came in large parties to condole and tangi with him, and who, as was quite correct in such cases, shot and ate all his stock, sheep, pigs, goats, ducks, geese, fowls, &c., all in high compliment to himself: at which he felt proud, as a well conducted and conditioned pakeha Maori (as he was) should do. He did not, however, survive these honours long, poor fellow. He died; and, strange to say, no one knew exactly what was the matter with him: some said it was the climate, they thought.

After this, the land about which this little misunderstanding had arisen, was, so to speak, "thrown into chancery," where it has now remained about forty years. But I hear that proceedings are to commence de novo (no allusion to the "new system") next summer, or at farthest the summer after; and as I witnessed the first proceedings, when the case comes on again "may I be there to see."

CHAPTER V.

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 different titles of the different claimants were 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 because his grandfather 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 certain wahi 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 for about two hundred years, and the bones of the others had been (as they said) removed long ago to a torere in the mountains.

It seemed an awkward circumstance that there was some difference of opinion as to where this same wahi tapu was 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 said wahi tapu is 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 whom 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, in consequence of 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 of 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 duration; and which, though I was much out of practice, I flatter myself was a good specimen of English rhetoric, and, for its own merits—as well as for another reason which I was not aware of at the time—was listened to by the court with the greatest patience.

When I had concluded, and been asked "if I had anything more to say?" I saw the commissioner beginning to count my words, which had been all written, I suppose, in short-hand; 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 the rint. 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 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 this business 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. I don't believe it. Our noble Queen would be clean above such a proceeding; and I mean to say it's against Magna Charta, it is! "Justice shall not 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."

CHAPTER VI.

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 commodious raupo building; 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. Besides these paid retainers, there was always about a dozen hangers on, who considered themselves apart 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, 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 much work out 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 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 of retaliation, 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 the genus homo had, 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 bedroom, dragged out all the bedclothes, and burnt them on the kitchen fire.

This last affair was rather displeasing to me. I held to the theory that every Englishman's house was his castle, and was moreover rather savage at my guests having been so roughly handled. In fact I 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 my status as an independent potentate—a rangatira of 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 with me he 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 gives dis-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 run 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 comical way 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 great rangatira;" and, as he had never been defeated, his mana was 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, whom 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 the suaviter 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 the suaviter in modo can be combined with the fortiter 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 the suaviter.

"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, a little; 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 a wiri round 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 furniture was 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. We had another desperate wrestling match. I lifted my friend high in my arms, and dashed him, panting, furious, foaming at the mouth—but beaten—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. Quick as lightning, he snatched at a large carving fork, which, unperceived by me, was lying on the floor amongst the smashed furniture and débris of my household effects; his fingers touched the handle and it rolled away out of his reach: 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 would murder him 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 the coup-de-grace (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, and 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 the whariki; 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 he killed 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 great rangatira." 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 Maori rangatira.

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 great rangatira, 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 nor 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 procured by an enormously disproportionate outlay of labour in its construction, and, in consequence, it became precious to a degree scarcely conceivable by people of civilized and wealthy countries. This great value attached to personal 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 enforcement amongst 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," and 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 civilize or, by our mere contact, exterminate. How is this to be done?1 Let me see. I think I shall not answer this question until I am prime minister.

CHAPTER VII.

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: this 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 were immense. Where would she anchor? What iron could 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, but 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 furor 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; 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 ruled with iron rod in Maori land—the Tapu and the Muru. Pakehas who knew no better called the muru simply "robbery," because the word muru, 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 movable property almost an impossibility, and in a great measure, too, 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 a mere pakeha, 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 the ceremony 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 a wahi tapu or 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, not to 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 as to 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 the muru system, 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, and have, according to the law of muru, 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, which 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, a rangatira by 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 a spear. True, he is a famous spearsman, and for his own credit must "hurt" some one 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 of muru that 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 the taua muru is coming, and may be expected tomorrow, or the next day. He asks, "Is it a great taua?" "Yes; it is a very great taua indeed." The victim smiles, he feels highly complimented; he is then 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 the taua appears 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 the taua. 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, the kai muru appear 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 a milder 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 of muru. 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!—stand up!" 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 late 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 of muru, 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 of muru—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 the muru altogether: 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 New Zealand 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 by accident, 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 of muru had full swing, and the wholesale plunder of the criminal and family was the penalty. Murder, as the natives understood it: that is to say, the malicious destruction of a man of the same tribe, did not happen so frequently as might be expected; and when it did, went in most cases unpunished: the murderer, in general, managed 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 of utu or lex talionis was the only one which applied in this case, and as, unlike the law of muru, nothing was to be got by enforcing it but hard blows, murder in most cases went unpunished.

CHAPTER VIII.

The Muru falling into Disuse. — Why. — Examples of the Tapu. — The Personal Tapu. — Evading the Tapu. — The Undertaker's Tapu. — How I got Tabooed. — Frightful Difficulties. — How I got out of them. — The War Tapu. — Maori War Customs.

The law of muru is now but little used, and only on a small scale. The degenerate men of the present day in general content themselves with asking "payment," and, after some cavilling as to the amount, it is generally given; but if refused, the case is brought before a native magistrate: the pleadings on both sides are often such as would astound our barristers, and the decisions of a nature to throw those famous ones by Sancho Panza and Walter the Doubter for ever into the shade.

I think the reason that the muru is so much less practised than formerly, is the fact that the natives are now far better supplied with the necessaries and comforts of life than they were many years ago; especially iron tools and utensils, and in consequence the temptation to plunder is proportionately decreased. Money would still be a temptation; but it is so easily concealed, and in general they have so little of it, that other means are adopted for its acquisition. When I first saw the natives, the chance of getting an axe or a spade by the summary process of muru, or—at a still more remote period—a few wooden implements, or a canoe, was so great a temptation, that the lucky possessor was continually watched by many eager and observant eyes, in hopes to pick a hole in his coat, by which the muru might be legally brought to bear upon him. I say legally, for the natives always tried to have a sufficient excuse: and I absolutely declare, odd as it may seem, that actual, unauthorized, and inexcusable robbery or theft was less frequent than in any country I ever have been in, though the temptation to steal was a thousandfold greater.

The natives of the present day are, however, improving in this respect, and, amongst other arts of civilization, are beginning to have very pretty notions of housebreaking; they have even tried highway robbery, though in a bungling way. The fact is they are just now between two tides. The old institutions which, barbarous and rude as they were, were respected and in some degree useful, are wearing out, and have lost all beneficial effect, and at the same time the laws and usages of civilization have not acquired any sufficient force. This state of things is very unfavourable to the morale of Young New Zealand; but it is likely to change for the better, for it is a maxim of mine that "laws, if not made, will grow."

I must now take some little notice of the other great institution, the tapu. The limits of these flying sketches of the good old times will not allow of more than a partial notice of the all-pervading tapu. Earth, air, fire, water, goods and chattels, growing crops, men, women, and children,—everything, absolutely, was subject to its influence; and a more perplexing puzzle to new pakehas, who were continually from ignorance infringing some of its rules, could not be well imagined. The natives, however, made considerable allowance for this ignorance; as well they might, seeing that they themselves, though from infancy to old age enveloped in a cloud of tapu, would sometimes fall into similar scrapes.

The original object of the ordinary tapu seems to have been the preservation of property. Of this nature in a great degree was the ordinary personal tapu. This form of the tapu was permanent, and consisted in a certain sacred character which attached to the person of a chief, and never left him. It was his birthright: a part, in fact, of himself, of which he could not be divested; and it was well understood and recognized at all times, as a matter of course. The fighting men and petty chiefs, and every one, indeed, who could by any means claim the title of rangatira—which, in the sense I now use it, means gentleman—were all in some degree more or less possessed of this mysterious quality. It extended or was communicated to all their movable property; especially to their clothes, weapons, ornaments, and tools, and to everything, in fact, which they touched. This prevented their chattels from being stolen or mislaid, or spoiled by children, or used or handled in any way by others. And as in the old times, as I have before stated, every kind of property of this kind was precious, in consequence of the great labour and time necessarily, for want of iron tools, expended in the manufacture, this form of the tapu was of great real service. An infringement of it subjected the offender to various dreadful imaginary punishments; of which deadly sickness was one, as well as to the operation of the law of muru already mentioned. If the transgression was involuntary, the chief, or a priest, or tohunga, could, by a certain mystical ceremony, prevent or remit the doleful and mysterious part of the punishment, if he chose; but the civil action, or the robbery by law of muru, would most likely have to take its course, though possibly in a mitigated form, according to the circumstances.

I have stated that the worst part of the punishment of an offence against this form of the tapu was imaginary; but in truth, though imaginary, it was not the less a severe punishment. "Conscience makes cowards of us all," and there was scarcely a man in a thousand, if one, who had sufficient resolution to dare the shadowy terrors of the tapu. I actually have seen an instance where the offender, though an involuntary one, was killed stone dead in six hours, by what I considered the effects of his own terrified imagination; but what all the natives at the time believed to be the work of the terrible avenger of the tapu. The case I may as well describe, as it was a strong one, and shows how, when falsehoods are once believed, they will meet with apparent proof from accidental circumstances.

A chief of very high rank, standing, and mana, was on a war expedition; with him were about five hundred men. His own personal tapu was increased twofold, as was that of all the warriors who were with him, by the war tapu. The taua being on a very dangerous expedition, they were, over and above the ordinary personal tapu, made sacred in the highest degree, and were obliged to observe strictly several mysterious and sacred customs; some of which I may have to explain by-and-by. They were, in fact, as irreverent pakehas used to say, "tabooed an inch thick;" and as for the head chief, he was perfectly unapproachable. The expedition halted to dine. The portion of food set apart for the chief, in a neat paro or shallow basket of green flax leaves, was, of course, enough for two or three men, and consequently the greater part remained unconsumed. The party, having dined, moved on; and soon after a party of slaves and others, who had been some mile or two in the rear, came up, carrying ammunition and baggage. One of the slaves, a stout hungry fellow, seeing the chief's unfinished dinner, ate it up before asking any questions. He had hardly finished, when he was informed by a horror-stricken individual—another slave who had remained behind when the taua had moved on—of the fatal act he had committed. I knew the unfortunate delinquent well: he was remarkable for courage, and had signalized himself in the wars of the tribe. (The able-bodied slaves are always expected to fight in the quarrels of their masters; to do which they are nothing loth.) No sooner did he hear the fatal news than he was seized with the most extraordinary convulsions and cramps in the stomach, which never ceased till he died, about sundown the same day. He was a strong man, in the prime of life; and if any pakeha free-thinker should have said he was not killed by the tapu of the chief, which had been communicated to the food by contact, he would have been listened to with feelings of contempt for his ignorance and inability to understand plain and direct evidence.

It will be seen at once that this form of the tapu was a great preserver of property. The most valuable articles might, in ordinary circumstances, be left to its protection, in the absence of the owners, for any length of time. It also prevented borrowing and lending in a very great degree; and though much laughed at and grumbled at by unthinking pakehas—who would be always trying to get the natives to give it up, without offering them anything equally effective in its place, or indeed knowing its real object or uses—it held its ground in full force for many years; and, in a certain but not so very observable a form, it exists still. This form of the tapu, though latent in young folks of rangatira rank, was not supposed to develope itself fully till they had arrived at mature age, and set up house on their own account. The lads and boys "knocked about" amongst the slaves and lower orders, carried fuel or provisions on their backs, and did all those duties which this personal tapu prevented the elders from doing; and which restraint was sometimes very troublesome and inconvenient.

A man of any standing could not carry provisions of any kind on his back; or if he did they were rendered tapu, and in consequence useless to any one but himself. If he went into the shed used as a kitchen (a thing, however, he would never think of doing except on some great emergency), all the pots, ovens, food, &c., would be at once rendered useless: none of the cooks or inferior people could make use of them, or partake of anything which had been cooked in them. He might certainly light a little fire in his own house; not for cooking, as that never by any chance could be done in his house, but for warmth: but that, or any other fire, if he should have blown upon it with his breath in lighting it, became at once tapu, and could be used for no common or culinary purpose. Even to light a pipe at it would subject any inferior person (and in many instances an equal) to a terrible attack of the tapu morbus; besides being a slight or affront to the dignity of the person himself.

I have seen two or three young men when on a journey fairly wearing themselves out on a wet day and with bad apparatus, trying to make fire to cook with, by rubbing two sticks together; when at the same time there was a roaring fire close at hand at which several rangatira and myself were warming ourselves: but it was tapu, sacred fire—one of the rangatira had made it from his own tinder box, and blown upon it in lighting it, and as there was not another tinder box amongst us, fast we must, though hungry as sharks, till common culinary fire could be obtained. A native whose personal tapu was perhaps of the strongest, might, when at the house of a pakeha, ask for a drink of water; and the pakeha, being green, would hand him some water in a glass, or, in those days, more probably in a tea-cup; the native would drink the water, and then gravely and quietly break the cup to pieces, or otherwise he would appropriate it by causing it to vanish under his mat. The new pakeha would immediately fly into a passion, to the great astonishment of the native; who considered as a matter of course, that the cup or glass was, in the estimation of the pakeha, a very worthless article, or he would not have given it into his hand and allowed him to put it to his head, the part most strongly infected by the tapu. Both parties would be surprised and displeased; the native wondering what could have put the pakeha into such a taking, and the pakeha "wondering at the rascal's impudence, and what he meant by it?"

The proper line of conduct for the pakeha in the above case made and provided, supposing him to be of a hospitable and obliging disposition, would be to lay hold of some vessel containing about two gallons of water (to allow for waste), and hold it up before the native's face; the native would then stoop down and put his hand, bent into the shape of a funnel or conductor for the water, to his mouth; then, from the height of a foot or so, the pakeha would send a cataract of water into the said funnel, and continue the shower till the native gave a slight upward nod of the head, which meant "enough:" by which time, from the awkwardness of the pakeha, the two gallons of water would be about expended, half, at least, on the top of the native's head; but he would not, however, appear to notice the circumstance, and would appreciate the civility of his pakeha friend. I have often drunk in this way in the old times: asking for a drink of water at a native village, a native would gravely approach with a calabash, and hold it up before me ready to pour forth its contents; when I, of course, cocked my hand and lip in the most knowing manner. If I had laid hold of the calabash and drunk in the ordinary way, as practised by pakehas, I should have at once fallen in the estimation of all by-standers, and been set down as a tutua, a nobody, who had no tapu or mana about him—a mere scrub of a pakeha, whom any one might eat or drink after without the slightest danger of being poisoned.

These things are all changed now; and though I have often, in the good old times, been tabooed in the most diabolical and dignified manner, there are only a few old men left now who, by little unmistakable signs, I perceive consider it would be very uncivil to act in any way which would suppose my tapu to have disappeared before the influx of new-fangled pakeha notions. Indeed I feel myself sometimes as if I had somehow insensibly become partially civilized. What it will all end in, I don't know.

This same personal tapu would even hold its own in some cases against the muru; though not in a sufficiently general manner to seriously affect the operation of that well-enforced law. Its inconveniences were, on the other hand, many, and the expedients resorted to to avoid them were sometimes comical enough. I was once going on an excursion with a number of natives; we had two canoes, and one of them started a little before the other. I was with the canoe which had been left behind, and just as we were setting off it was discovered that amongst twenty stout fellows my companions there was no one who had a back!—as they expressed it: consequently there was no one to carry our provisions into the canoe. All the lads, women, and slaves had gone off in the other canoe,—all those who had backs,—and so there we were left, a very disconsolate lot of rangatira, who could not carry their own provisions into the canoe, and who at the same time could not go without them. The provisions consisted of several heavy baskets of potatoes, some dried sharks, and a large pig baked whole. What was to be done? We were all brought to a full stop, though in a great hurry to go on. We were beginning to think we must give up the expedition altogether, and were very much disappointed accordingly, when a clever fellow—who, had he been bred a lawyer, would have made nothing of driving a mail coach through an act of parliament—set us all to rights in a moment. "I'll tell you what we must do," said he, "we will not carry (pikau) the provisions, we will hiki them." (Hiki is the word in Maori which describes the act of carrying an infant in the arms.) This was a great discovery! A huge handsome fellow seized on the baked pig and dandled it, or hiki'd it, in his arms like an infant; another laid hold of a shark, others took baskets of potatoes, and carrying them in this way deposited them in the canoe. And so, having thus evaded the law, we started on our expedition.

I remember another amusing instance in which the inconvenience arising from the tapu was evaded. I must, however, notice that these instances were only evasions of the ordinary kind of tapu,—what I have called the personal tapu; not the more dangerous and dreadful kind connected with the mystic doings of the tohunga, or that other form of tapu connected with the handling of the dead. Indeed, my companions in the instance I have mentioned, though all rangatira, were young men on whom the personal tapu had not arrived at the fullest perfection: it seemed, indeed, sometimes to sit very lightly on them, and I doubt very much if the play upon the words hiki and pikau would have reconciled any of the elders of the tribe to carrying a roasted pig in their arms; or, if they did do so, I feel quite certain that no amount of argument would have persuaded the younger men to eat it: as for slaves or women, to look at it would almost be dangerous to them.

The other instance of dodging the law was as follows. I was the first pakeha who had ever arrived at a certain populous inland village. The whole of the inhabitants were in a great state of commotion and curiosity, for many of them had never seen a pakeha before. As I advanced, the whole juvenile population ran before me at a safe distance of about a hundred yards, eyeing me, as I perceived, with great terror and distrust. At last I suddenly made a charge at them, rolling my eyes and showing my teeth; and to see the small savages tumbling over one another and running for their lives was something curious: and though my "demonstration" did not continue more than twenty yards, I am sure some of the little villains ran a mile before looking behind to see whether the ferocious monster called a pakeha was gaining on them. They did run! I arrived at the centre of the village and was conducted to a large house or shed, which had been constructed as a place of reception for visitors, and as a general lounging place for all the inhabitants. It was a whare noa, a house to which, from its general and temporary uses, the tapu was not supposed to attach: I mean, of course, the ordinary personal tapu or tapu rangatira. Any person, however, infected with any of the more serious or extraordinary forms of the tapu entering it, would at once render it uninhabitable. I took my seat. The house was full, and nearly the whole of the rest of the population were blocking up the open front of the large shed; all striving to see the pakeha, and passing to the rear from man to man every word he happened to speak. I could hear them say to the people behind, "The pakeha has stood up!" "Now he has sat down again!" "He has said, how do you all do?" "He has said, this is a nice place of yours!" &c. &c.

Now there happened to be at a distance, an old gentleman engaged in clearing the weeds from a kumera or sweet potato field, and as the kumera in the old times was the crop on which the natives depended chiefly for support, like all valuable things it was tapu, and the parties who entered the field to remove the weeds were tapu pro tem. also. One of the effects of this temporary extra tapu was that the parties could not enter any regular dwelling-house, or, indeed, any house used by others. The breach of this rule would not be dangerous in a personal sense, but the effect would be that the crop of sweet potatoes would fail. The industrious individual I have alluded to, hearing the cry of "A pakeha! a pakeha!" from many voices, and having never had an opportunity to examine that variety of the species, or genus homo, flung down his wooden kaheru or weed exterminator, and rushed towards the town house before mentioned. What could he do? The tapu forbade his entrance, and the front was so completely blocked up by his admiring neighbours that he could not get sight of the wonderful guest. In these desperate circumstances a bright thought struck him: he would, by a bold and ingenious device, give the tapu the slip. He ran to the back of the house, made with some difficulty a hole in the padded raupo wall, and squeezed his head through it. The elastic wall of raupo closed again around his neck; and the tapu was fairly beaten! No one could say he was in the house. He was certainly more out than in; and there, seemingly hanging from, or stuck against the wall, remained for hours, with open mouth and wondering eyes, this brazen head; till at last, the shades of night obstructing its vision, a rustling noise in the wall of flags and reeds announced the departure of my ingenious admirer.

Some of the forms of the tapu, however, were not to be trifled with, and were of a most virulent kind. Of this kind was the tapu of those who handled the dead, or conveyed the body to its last resting-place. This tapu was, in fact, the uncleanness of the old Jewish law; it lasted about the same time, and was removed in almost the same way. It was a most serious affair. The person who came under this form of the tapu was cut off from all contact, and almost all communication, with the human race. He could not enter any house, or come in contact with any person or thing, without utterly defiling them. He could not even touch food with his hands; which had become so frightfully tapu, or unclean, as to be quite useless. Food would be placed for him on the ground, and he would then sit or kneel down, and, with his hands carefully held behind his back, would gnaw it in the best way he could. In some cases he would be fed by another person, who, with out-stretched arm, would manage to do it without touching the tapu'd individual; but this feeder was subjected to many and severe restrictions, not much less onerous than those to which the other was subject.

In almost every populous native village there was a person who—probably for the sake of immunity from labour, or from being good for nothing else—took up the undertaking business as a regular profession, and, in consequence, was never for a moment, for years together, clear of the horrid inconveniences of the tapu, as well as its dangers. One of these people might be easily recognized, after a little experience, even by a pakeha. Old, withered, haggard, clothed in the most miserable rags, and daubed all over from head to foot with red paint (the native funereal colour), made of stinking shark oil and red ochre mixed, keeping always at a distance, silent and solitary, often half insane, he might be seen sitting motionless all day at forty or fifty yards distance from the common path or thoroughfare of the village. There, under the "lee" of a bush, or tuft of flax, he gazed silently, and with "lacklustre eye," on the busy doings of the Maori world, of which he was hardly to be called a member. Twice a day some food would be thrown on the ground before him, to gnaw as best he might, without the use of hands; and at night, tightening his greasy rags around him, he would crawl into some miserable lair of leaves and rubbish; there, cold, half starved, miserable, and dirty, to pass, in fitful ghost-haunted slumbers, a wretched night, as prelude to another wretched day. It requires, they say, all sorts of people to make a world; and I have often thought, in observing one of these miserable objects, that his, or hers, was the very lowest ebb to which a human being's prospects in life could be brought by adverse fate. When I met, or rather saw, a female practitioner, I fairly ran for it; and, believing my readers to be equally tender-hearted, I shall not venture on any more description, but merely say that the male undertaker, such as I have described him, would be an Apollo, in comparison with one of these hags.

What will my kind reader say when I tell him that I myself once got tapu'd with this same horrible, most horrible, style of tapu? I hold it to be a fact that there is not one man in New Zealand but myself who has a clear understanding of what the word "excommunication" means: indeed I did not understand what it meant till I got tapu'd. I was returning with about sixty men from a journey along the west coast, and was a short distance in advance of the party, when I came to where the side of a hill had fallen down on to the beach and exposed a number of human bones. There was a large skull rolling about in the water, and I took up this skull without consideration, carried it to the side of the hill, scraped a hole, and covered it up. Just as I had finished burying it up came my friends, and I saw at once, by the astonishment and dismay depicted on their countenances, that I had committed some most unfortunate act. They soon let me know that the hill had been a burial-place of their tribe, and jumped at once to the conclusion that the skull was the skull of one of their most famous chiefs; whose name they told me. They informed me also that I was no longer fit company for human beings, and begged me to fall to the rear and keep my distance. They told me all this from a very respectful distance, and if I made a step towards them, they all ran as if I had been infected by the plague. This was an awkward state of things, but as it could not be helped, I voted myself tapu, and kept clear of my friends till night.

At night when they camped, I was obliged to take my solitary abode at a distance under shelter of a rock. When the evening meal was cooked, they brought me a fair allowance, and set it down at a respectful distance from where I sat; fully expecting, I suppose, that I should bob at it as Maori kai tango atua, or undertakers, are wont to do. I had, however, no idea of any such proceeding; and, pulling out my knife, proceeded to operate in the usual manner. I was checked by an exclamation of horror and surprise from the whole band—"Oh, what are you about? You are not going to touch food with your hands!" "Indeed, but I am," said I, and stretched out my hand. Here another scream—"You must not do that: it's the worst of all things. One of us will feed you: it's wrong, wrong, very wrong!" "Oh, bother," said I, and fell too at once. I declare, positively, I had no sooner done so than I felt sorry. The expression of horror, contempt, and pity, observable in their faces, convinced me that I had not only offended and hurt their feelings, but that I had lowered myself greatly in their estimation. Certainly I was a pakeha, and pakehas will do most unaccountable things, and may be, in ordinary cases, excused; but this, I saw at once, was an act which, to my friends, seemed the ne plus ultra of abomination. I now can well understand that, while sitting there eating my potatoes, I must have appeared to them a ghoul, a vampire; worse than even one of their own dreadful atua, who, at the command of a witch, or to avenge some breach of the tapu, enters into a man's body and slowly eats away his vitals. I can see it now, and understand what a frightful object I must have appeared.

My friends broke up their camp at once, not feeling sure, after what I had done, but I might walk in amongst them, in the night, when they were asleep, and bedevil them all. They marched all night, and in the morning came to my house, where they spread consternation and dismay amongst my household by telling them in what a condition I was coming home. The whole of my establishment at this time being natives, ran off at once; and when I got home next evening, hungry and vexed, there was not a soul to be seen. The house and kitchen were shut up, fires out, and, as I fancied, everything looked dreary and uncomfortable. If only a dog had come and wagged his tail in welcome, it would have been something; but even my dog was gone. Certainly there was an old tom cat; but I hate cats: there is no sincerity in them, and so I had kicked this old tom, on principle, whenever he came in my way, and now, when he saw me, he ran for his life into the bush.

The instinct of a hungry man sent me into the kitchen; there was nothing eatable to be seen but a raw leg of pork, and the fire was out. I now began to suspect that this attempt of mine to look down the tapu would fail, and that I should remain excommunicated for some frightfully indefinite period. I began to think of Robinson Crusoe, and to wonder if I could hold out as well as he did. Then I looked hard at the leg of pork. The idea that I must cook it for myself, brought home to me the fact more forcibly than anything else how I had "fallen from my high estate"—cooking being the very last thing a rangatira can turn his hand to. But why should I have anything more to do with cooking?—was I not cast off and repudiated by the human race? (A horrible misanthropy was fast taking hold of me.) Why should I not tear my leg of pork raw, like a wolf? "I will run a-muck!"—suddenly said I. "I wonder how many I can kill before they 'bag' me? But—I must have some supper."

I soon made a fire, and, after a little rummaging, found the matériel for a good meal. My cooking was not so bad either, I thought; but certainly hunger is not hard to please in this respect, and I had eaten nothing since the diabolical meal of the preceding evening, and had travelled more than twenty miles. I washed my hands six or seven times, scrubbing away and muttering with an intonation that would have been a fortune to a tragic actor, "Out, damned spot;" and so, after having washed and dried my hands, looked at them, returned, and washed again, again washed, and so on, several times, I sat down and demolished two days' allowance. After which, reclining before the fire with my pipe, and a blanket over my shoulders, a more kindly feeling towards my fellow-men stole gradually upon me. "I wonder," said I to myself, "how long this devilish tapu will last! I wonder if there is to be any end at all to it! I won't run a-muck for a week, at all events, till I see what may turn up. Confounded plague though to have to cook!" Having resolved as above, not to take any one's life for a week, I felt more patient.

Four days passed, somehow or another, and on the morning of the fifth, to my extreme delight, I saw a small canoe, pulled by one man, landing on the beach before the house. He fastened his canoe and advanced towards the kitchen, which was detached from the house, and, in the late deplorable state of affairs, had become my regular residence. I sat in the doorway, and soon perceived that my visitor was a famous tohunga, or priest, and who also had the reputation of being a witch of no ordinary dimensions. He was an old, grave, stolid-looking savage, with one eye; the other had been knocked out long ago in a fight, before he turned parson. On he came, with a slow, measured step, slightly gesticulating with one hand, and holding in the other a very small basket, not more than nine or ten inches long. He came on, mumbling and grumbling a perfectly unintelligible karakia or incantation. I guessed at once he was coming to disenchant me, and prepared my mind to submit to any conditions or ceremonial he should think fit to impose. My old friend came gravely up, and putting his hand into the little basket pulled out a baked kumera, saying, "He kai mau." I of course accepted the offered food, took a bite, and as I ate he mumbled his incantation over me.

I remember I felt a curious sensation at the time, like what I fancied a man must feel who had just sold himself, body and bones, to the devil. For a moment I asked myself the question whether I was not actually being then and there handed over to the powers of darkness. The thought startled me. There was I, an unworthy but believing member of the Church of England as by Parliament established, "knuckling down" abjectly to the ministration of a ferocious old cannibal, wizard, sorcerer, high priest,—or, as it appeared very probable,—to Satan himself. "Blacken his remaining eye! knock him over and run the country!" whispered quite plainly in my ear my guardian angel, or else a little impulsive sprite who often made suggestions to me in those days. For a couple of seconds the sorcerer's eye was in desperate danger; but just in those moments the ceremony, or at least this most objectionable part of it, came to an end.

The tohunga stood back and said, "Have you been in the house?" Fortunately I had presence of mind enough to forget that I had, and said, "No." "Throw out all those pots and kettles." I saw it was no use to resist, so out they went. "Fling out those dishes" was the next command. "The dishes?—they will break." "I am going to break them all." Capital fun this. Out go the dishes; "and may the ——." I fear I was about to say something bad. "Fling out those knives, and those things with sharp points"—(the old villain did not know what to call the forks!)—"and those shells with handles to them"—(spoons!)—"out with everything." The last sweeping order is obeyed, and the kitchen is fairly empty. The worst is over now at last, thank goodness, said I to myself. "Strip off all your clothes." "What?—strip naked!—you desperate old thief—mind your eye." Human patience could bear no more. Out I jumped. I did "strip." Off came my jacket. "How would you prefer being killed, old ruffian?—can you do anything in this way?" (Here a pugilistic demonstration.) "Strip!—he doesn't mean to give me five dozen, does he?" said I, rather bewildered, and looking sharp to see if he had anything like an instrument of flagellation in his possession. "Come on!—what are you waiting for?" said I.

In those days, when labouring under what Dickens calls the "description of temporary insanity which arises from a sense of injury," I always involuntarily fell back upon my mother tongue; which in this case was perhaps fortunate, as my necromantic old friend did not appreciate the full force of my eloquence. He could not, however, mistake my warlike and rebellious attitude, and could see clearly I was going into one of those most unaccountable rages that pakehas were liable to fly into, without any imaginable cause. "Boy," said he, gravely and quietly, and without seeming to notice my very noticeable declaration of war and independence, "don't act foolishly; don't go mad. No one will ever come near you while you have those clothes. You will be miserable here by yourself. And what is the use of being angry?—what will anger do for you?" The perfect coolness of my old friend, the complete disregard he paid to my explosion of wrath, as well as his reasoning, began to make me feel a little disconcerted. He evidently had come with the purpose and intention to get me out of a very awkward scrape, and I began also to feel that, looking at the affair from his point of view, I was just possibly not making a very respectable figure: then, if I understood him rightly, there would be no flogging. "Well," said I, at last, "Fate compels: to fate, and not old Hurlo-thrumbo there, I yield—so here goes." Let me not dwell upon the humiliating concession to the powers of tapu. Suffice it to say, I disrobed, and received permission to enter my own house in search of other garments.

When I came out again, my old friend was sitting down with a stone in his hand, battering the last pot to pieces, and looking as if he was performing a very meritorious action. He carried away all the smashed kitchen utensils and my clothes in baskets, and deposited them in a thicket at a considerable distance from the house. (I stole the knives, forks, and spoons back again some time after, as he had not broken them.) He then bid me good-by; and the same evening all my household came flocking back: but years passed before any one but myself would go into the kitchen, and I had to build another. And for several years also I could observe, by the respectable distance kept by young natives and servants, and the nervous manner with which they avoided my pipe in particular, that they considered I had not been as completely purified from the tapu tango atua as I might have been. I now am aware, that in consideration of my being a pakeha—and also, perhaps, lest, driven to desperation, I should run away entirely, which would have been looked upon as a great misfortune to the tribe—I was let off very easy, and might therefore be supposed to retain some tinge of the dreadful infection.

Besides these descriptions of tapu, there were many other. There was the war tapu, which in itself included fifty different "sacred customs," one of which was this. Often when the fighting men left the pa or camp, they being themselves made tapu—or sacred, as in this particular case the word means—all those who remained behind, old men, women, slaves, and all non-combatants, were obliged strictly to fast while the warriors were fighting; and, indeed, from the time they left the camp till their return, even to smoke a pipe would be a breach of this rule. These war customs, as well as other forms of the tapu, are evidently derived from a very ancient religion, and did not take their rise in this country. I shall, probably, some of these days, treat of them at more length, and endeavour to trace them to their source.

Sacrifices were often made to the war demon, and I know of one instance in which, when a tribe were surrounded by an overwhelming force of their enemies, and had nothing but extermination—immediate and unrelenting—before them, the war chief cut out the heart of his own son as an offering for victory; and then he and his tribe, with the fury of despair and the courage of fanatics, rushed upon the foe, defeated them with terrific slaughter, and the war demon had much praise, and many men were eaten.

The warriors, when on a dangerous expedition, also observed strictly the custom to which allusion is made in 1st Samuel, xxi. 4, 5.

CHAPTER IX.

The Tapu Tohunga. — The Maori Oracle. — Responses of the Oracle. — Priestcraft.

Then came the tapu tohunga, or priest's tapu, a quite different kind or form of tapu from those which I have spoken of. These tohunga presided over all those ceremonies and customs which had something approaching to a religious character. They also pretended to the power—by means of certain familiar spirits—to foretell future events, and even in some cases to control them. The belief in the power of these tohunga to foretell events was very strong, and the incredulous pakeha who laughed at them was thought a person quite incapable of understanding plain evidence. I must allow that some of their predictions were of a most daring nature, and, happening to turn out perfectly successful, there may be some excuse for an ignorant people believing in them. Most of these predictions were, however, given—like the oracles of old—in terms which would admit a double meaning and secure the character of the soothsayer, no matter how the event turned out.

Notes in this chapter

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