MARTIN, SIR WILLIAM (1807-80) was born in Birmingham, the youngest son of Henry Martin.

He was educated at King Edward VI Grammar School in Birmingham, and in 1826 went to St John's College, Cambridge, where he was a contemporary of Selwyn (q.v.). In 1829 he graduated (as 26th wrangler and 4th classic), and took the second chancellor's gold medal. Two years later he was elected a fellow and tutor of his College. In 1832 he proceeded M.A., and in June of that year entered Lincoln's Inn to read for the bar. He was called in 1836 and two years later resigned his fellowship. He never entered law chambers, but was with Cracknell, an equity draughtsman and conveyancer.

Martin contended through life against a delicate constitution, and he was not reluctant when Bishop Selwyn suggested that he should come to New Zealand in the position of chief justice. Though he was not suited to the rough life of the colonies, he welcomed escape from the drudgery of the law in England. He married Mary Ann, daughter of the Rev W. Parker, a prebendary of St Paul's, and sailed in Apr 1841 for New Zealand. Swainson and Outhwaite (q.v.) were fellow passengers in the Tyne, and during the voyage much time was devoted by the trio to consideration of the rules which would be necessary to govern the practice of the Supreme Court in New Zealand. He arrived in Wellington in Aug, and took up his duties in Auckland in Sep. Mrs Martin came to New Zealand a few months later.

Shy and retiring, Martin shrank from publicity, and suffered acute mental distress when presiding at criminal sessions. At an early stage he became interested in the Maori people, and during his 30 years in New Zealand he was as sincere and strenuous an advocate of their rights as his judicial position allowed. Presiding at the trial of Maketu for the murder of a European, he took great pains, with the help of G. Clarke as interpreter, to expound the English law as clearly as possible, hoping thereby to impress the Maori mind with its advantages over the customs of their race. In passing sentence of death, the first inflicted on a Maori by a pakeha court of justice, Martin uttered with deep emotion: 'Maketu, in your own emphatic language, I bid you go to your forefathers.' A natural alliance was formed between Martin, Selwyn and Swainson on behalf of the Maori people. It was this alliance that dissuaded Shortland (Oct 1842) from making war upon defiant tribes at Tauranga. In the same month Martin at Wellington refused to give instant judgment on an application for a warrant to arrest Rangihaeata. He reserved judgment partly because the hearing was ex parte and partly on a technical doubt as to the act under which the application was made. Early in 1843 he refused the warrant, thereby possibly delaying the outbreak which occurred at Wairau later in the year. Martin in these early years made many arduous journeys on foot all over the North Island, holding asizes and meeting his new colleague (H. S Chapman, q.v.) to discuss points of procedure. He had many close friendships with chiefs of the first rank, notably Te Heuheu, Te Wherowhero, Tamati Ngapora and Tamati Waka Nene. An accomplished philologist, he made good progress with the Maori language, and was soon able to converse with the chiefs on equal terms. In Oct 1843 he commenced the erection of a native chapel close to his home in Auckland.

In 1844, pursuant to an engagement made months before, he walked overland to join Selwyn at Taupo, where he met Te Heuheu on terms of mutual respect. Te Wherowhero's dying message was a request to Martin to be good to his people. Martin's natural disposition to champion the cause of the natives brought him under criticism by the impatient settlers of the New Zealand Company, whose desire to establish themselves in life was apt to run counter to the best interests of the native occupants of the land.

In 1847 Martin joined with Selwyn in a spirited protest against Earl Grey's instructions regarding the new constitution, and they pressed their view insistently upon Governor Grey. Martin drew up a clear statement of the case under the title England and the New Zealanders, which was printed at the college press in 1847. In it he contended that the instructions to the Governor 'involve a breach of the national faith of Britain and a violation of established law.' The protest, written in a manly and temperate tone, won the day, and did not require to be published, but copies at a later date gained publicity through inadvertent channels.

Meanwhile the rules of the courts, owing to the long distance between Auckland and Wellington and the difficulties of travel, made slow progress. Once Martin was to walk overland to meet his colleague at New Plymouth; at another time at Wanganui or Taupo. In 1851 we find him writing to Chapman lamenting the delay in constructing the codes of procedure; it seemed that yet another year would be necessary to complete the forms and rules for the first two classes of actions, tort and contract. "It is impossible to desire," he wrote (31 Mar 1851), "that the foundations of our great work should be laid without adequate consideration, and I should be sorry if you supposed that I found in the delay anything surprising or unreasonable... Our work has come to be in the place of sons and daughters... It is not only amongst the clearest of professional duties but it is the only directly parental interest which is given to me. I am quite willing, and perhaps I am by natural disposition of my own more inclined than you or any energetic man would be, to do the slow plodding and preliminary labour of the work-to dig and delve and get the ore to the surface; but, that done, thenceforward let the whole work be a common one, otherwise it will never be worthily done." Nevertheless they did together produce in 1852 a report on the supreme court procedure. Martin was at this time inspector of schools, and in this capacity he travelled through the North Island. He and Mrs Martin were keenly interested in the education of the Maori, for whom they kept a school and hospital free. In particular they were attached to Ngapora, whose great influence with the Waikato tribes was an important factor in delaying, if it could not prevent, the Waikato war. Throughout his administration of his high office his philo-Maori sympathies brought him under constant criticism. Yet Governor Gore Brown, with whom later he was not always in agreement, testified (17 Sep 1857) that Martin's 'learning, piety, absolute independence of local politics, give him great influence over both Europeans and natives, and he enjoys the universal respect and esteem of all classes of both races.' Indifferent health caused Martin to visit England in 1855. There he discussed with Sir John Patteson a trust deed bill for the Church in New Zealand. He spent some months also in Italy, and returned to New Zealand in Sep 1856.

A year later he resigned his position, receiving a pension of £333 a year (increased the following year to £500). He received the honorary degree of D.C.L. from Oxford University while in England in 1858. He then returned to New Zealand in the Kingston (reaching Auckland in Dec 1858) and settled quietly at his home at Taurarua, where he devoted himself with a single mind to the interests and education of the Maori and the affairs of the Church of England. Though he never took holy orders he wore clerical costume and participated regularly in church observances. He personally prepared native candidates for the priesthood. At the first General Synod (1857) he rendered valuable service in drafting the constitution and statutes. Martin was made a knight bachelor in 1860. In the next few years he became more deeply involved in controversy over the Taranaki and Waikato wars. He dissented strongly from the policy which led to the Taranaki war, and in a thoughtful pamphlet gave a full and calm statement of the views of the friends of the Maori. When the Government promulgated a warning against too free discussion of native affairs and sent a copy to him, he with great propriety refrained from making his statement public. The Governor invited him (Dec 1860) to accept a seat on a council of advice on native affairs, but he retained his independence. Contending that the people of Wi Kingi te Rangitake (q.v.) were entitled to all the treatment due to subjects of the crown, he pleaded with Britain for justice and with Wi Tamihana te Waharoa against war. It was a land war, he said, begging the Government not to meet the King movement with force (May 1861). With his passionate sympathy for the Maori people Martin felt very keenly the protraction of the struggle. In Nov 1863 he drew up a protest against the confiscations, which Grey sent to the Secretary of State (Jan 1864). Writing with dignity and feeling, he called upon the Government to distinguish between the loyal and the disloyal. Again in 1865 he protested against the new law for the settlement of the confiscated lands. Writing to Chapman (7 Mar 1866) he said: 'We seem to be slowly floundering towards the end of the war. The apparently great advantage of the Colonial over the Queen's forces is to be reduced by three considerations: 1. That the Maoris do not fight as well in a bad cause as in what they regard as a good one-not so well for the follies and crimes of the Hauhaus as in defence of their own soil and their nationality. 2. That the Colonial forces have been aided by large bodies of resolute natives acquainted with the country. 3. That the narratives of their doings have proceeded always from friendly sources and sometimes from themselves. Still there may be a balance after these abatements.' Deeply as he deplored the war against the Maori tribes, Martin's talents were always at the disposal of the Government for constructive purposes. In Jan 1871 he drew up an exhaustive statement of amendments required in native law; he assisted Donald McLean in drafting his native lands act of that year, and he published his Notes on the Best Method of Working of the Native Lands Act. Though modest and gentle in disposition, Martin was endowed with great moral courage; as a judge patient, wise and sagacious.

After the conclusion of the war he continued his interest in the education of Maori students at St Stephen's College. He was now for the first time really free and able to devote time to his early study of languages. To the classics which he mastered at Cambridge he had added a deep knowledge of Maori and other Pacific tongues. Bishop Patteson venerated him as friend and scholar. In 1874 Martin decided to return to England. They sailed on 14 Apr and took up their residence at Torquay. To the end the vigorous scholarship of Martin flowered in fresh studies, the soundness of which was acknowledged by Max Muller. In 1876-78 he published two volumes on Inquiries Concerning the Structure of the Semitic Languages, and at the time of his death (8 Nov 1880) he was preparing notes on the New Testament. Three days before his death he wrote: 'My civil work is done. My ecclesiastical work is done; and now I leave it in God's hands. I pray for the Church of England. I embrace all Christians in the bonds of Catholic unity.' Lady Martin, who assisted in all the activities of her husband, died on 2 Jan 1884. Her book Our Maoris was published in 1888.

G.B.O.P., 1849/1120; information from Sir F. R. Chapman; N.Z.P.D., pass.

D.N.B.; Annals of Col. Church; Martin, op. cit.

Rusden; Saunders; Reeves; Kennedy; Clarke.

Portraits: Supreme Court, Dunedin; General Assembly Library; Turnbull Library.

Reference: Volume 2, page 34

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