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Auckland 7th September 1871 Dear Sir, I hope you will not think it out of place my writing to you on the subject of the Native Lands Act, which I presume will be remodeled this session, but having had some little experience in its working I thought a few suggestions would do no harm at any rate. I have seen a copy of a bill which is I hear to be introduced intituled "the Native Lands Act 1871" and which I understand was prepared by yourself I have looked over it carefully and from what I know of the requirements of the natives I think it a well devised measure. I think it would be well if we could have one Act which would not require amending for some time, and for that reason, before the prosposed one is passed I enclose you the suggestions I have made on it. I think that with such an Act the necessity for the "frauds Act" will have passed away for when it is incumbent on the purchaser or lesee to get the consent of a majority in value there is little fear of their being defrauded and when they cannot sieze the estate of less than a majority persons will not be so ready to let them get into debt, but I think that such doings have been the exception and not the rule excepting in Hawkes Bay; my experience is that the Maoris generally in fact in nine cases out of ten get the full value for their land and often more than the value, I know purchasers grumble greatly at the cost of Native Land; besides I think we should not treat them altogether as babies, if they are to hold property they should learn to take care of it this they are as a rule shrewd enough to do already; and the provisions for guarding them in the way of Reserves proposed in the Act is of itself sufficient to ensure their never being divested of their land. The Act does enough in this respect, if the Native Reserves trustee does his duty the race will never be paupers. There is one suggestions of mine which I fancy you will not concur in viz. that although it is not desirable that should be affected by agreements before the passing of the same through the Court, yet the monies paid to natives as deposits on land should be recoverable and the agreements though void in themselves as affecting the land should be receivable in evidence as proof of the debt. Of course it can be said people have no right to make these agreements still the fact remains that they do make them, and without such advances very little land would pass through the Court, that is the practical working of the system. One great reason for such a provision as this is that this repudiation of just debts has a very demoralizing effect on the Maori and I urge it in their behalf as much as in justice to the Europeans, I am yours respectfully, J. H. Preece F. D. Fenton Esq., etc. etc. etcc WELLINGTON
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Permanent link to this item

https://paperspast.natlib.govt.nz/manuscripts/MCLEAN-1022803.2.1

Bibliographic details

2 pages written 7 Sep 1871 by James Wathan Preece in Auckland Region, Inward letters - J W Preece

Additional information
Key Value
Document date 7 September 1871
Document MCLEAN-1022803
Document title 2 pages written 7 Sep 1871 by James Wathan Preece in Auckland Region
Document type MANUSCRIPT
Attribution ATL
Author 45125/Preece, James Wathan, fl 1861-1876
Collection McLean Papers
Date 1871-09-07
Decade 1870s
Destination Unknown
Englishorigin ATL
Entityid 6
Format Full Text
Generictitle 2 pages written 7 Sep 1871 by James Wathan Preece in Auckland Region
Iwihapu Unknown
Language English
Name 45125/Preece, James Wathan, fl 1861-1876
Origin 66181/Auckland Region
Place 66181/Auckland Region
Recipient Unknown
Section Manuscripts
Series Series 1 Inward letters (English)
Sortorder 0607-0016
Subarea Manuscripts and Archives Collection
Tapuhigroupref MS-Group-1551
Tapuhiitemcount 13
Tapuhiitemcount 2 14501
Tapuhiitemcount 3 30238
Tapuhiitemdescription 13 letters written from Coromandel, Auckland and Hokianga, 1861-1876
Tapuhiitemgenre 3 230058/Personal records Reports
Tapuhiitemname 45125/Preece, James Wathen, 1837-1878
Tapuhiitemname 3 4809/McLean, Donald (Sir), 1820-1877
Tapuhiitemref MS-Papers-0032-0515
Tapuhiitemref 2 Series 1 Inward letters (English)
Tapuhiitemref 3 MS-Group-1551
Tapuhiitemsubjects 3 1446/New Zealand Wars, 1860-1872
Tapuhiitemtitle Inward letters - J W Preece
Tapuhiitemtitle 2 Series 1 Inward letters (English)
Tapuhiitemtitle 3 McLean Papers
Tapuhireelref MS-COPY-MICRO-0535-081
Teiref ms-1346-080
Year 1871

2 pages written 7 Sep 1871 by James Wathan Preece in Auckland Region Inward letters - J W Preece

2 pages written 7 Sep 1871 by James Wathan Preece in Auckland Region Inward letters - J W Preece

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