Memorandum for Cabinet. April 1871. A correspondence between the Honble the Native Minister, Mr. Parris, and Major Noake R.M. has created in my mind the greatest uneasiness, and I feel bound to invite to it the most serious consideration of Ministers. In the session of 1869 (shortly after taking office) I stated in reply to a question in the House of Representatives that the Rebel Natives would not be allowed to return to the country between Waingongoro and Wanganui, if the Government could prevent it. The Native Minister speaking immediately afterwards repeated the statement. A few weeks afterwards when on the West Coast and up the Wanganui River I stated the same thing several times over to both Europeans and Natives. The fact of my having done so was recorded in my Memorandum of visit to Patea, laid before Cabinet, and approved of by all its members and afterwards laid before Parliament (see it printed in Appendix 1870). The non return of the Natives to the country referred to until at least it should be so well peopled as to secure it against either native aggression or the fear of it was accepted as the Cardinal point of the Policy of the Government in reference to the District. On the strength of the pledges given and repeated by me, and induced solely by them, settlers returned to the District and newcomers resorted to it in very considerable numbers and still continue to do so. I did all that I could by personal visits and in other ways to encourage the recupation of the country and without boasting I may venture to say that the success so far has been complete. It will be seen by the accompanying correspondence that the Native Minister has on the pressure of the Taranaki Native Board and Mr. Commissioner Parris, directed that the Rebel Natives including Titoko Waru shall be allowed unconditionally to return to their old haunts, and to come and go at pleasure every where on the West Coast. In doing so I cannot help feeling that the Native Minister has acted without sufficient consideration, and on very imperfect information; and consider it my duty without delay to bring the subject under the notice of the Cabinet protesting most respectfully against the course pursued on the following grounds. 1. It is a distinct and complete abandonment of the pledge given by me to the settlers in the districts referred to, and lays the Government in general and myself in particular open to the charge of breach of faith. 2. That it is still more objectionable in this point of view, because while he is directed to permit the natives to return Major Noake is expressly prohibited from publishing the instructions received by him; so that the settlers while in quiet reliance on the pledge of the Government may at any hour be startled by the presence of Titoko Waru and his armed followers" in their midst. 3. That the statement made by the Taranaki Board that Titoko Waru and other armed natives move "in our midst" without interruption, which is made the basis for complaint that they are not allowed to do so South of Waingongoro, is not correct. The moving" in our midst" at Taranaki by Titoko Waru and his armed followers consisted in their appearing at pariaka, where they behaved in an insolent and turbulent manner and at our other native meeting both far away from the settled districts of Taranaki. The instructions to Major Noake would oblige him to permit Titoko Waru and his armed followers to walk into Patea, to resume occupation of Ngutu Te Mano and to go up and down at their pleasure. It seems to be forgotten that Titoko Waru is an unpardoned rebel, with a reward of £1000 hanging over his head, and that the Government has not agreed to extend mercy to him or even to treat with him for his submission. On the contrary it was decided in cabinet just before the Native Minister left for Auckland that the time had not arrived for opening any intercourse with Titokowaru. 4. If Titoko Waru and his Rebel fellows are to allowed to return, with what justice can we retain in Gaol at Otago the Pakakoe tribe and their chief who were far less guilty and are far less dangerous than Titoko and his people? Their case has not been so much as considered by Cabinet; but if the other West Coast Rebels are allowed to return it will be the greatest injustice to refuse the same liberty to them. 5. I am quite certain that if Titoko Waru and his armed followers, were to appear South of Waingongoro, there is not a settler who has a gun who would not take it and go to seek them - Nor could the settlers be blamed if they endeavoured to drive away or capture rebels who have received no pardon, who enacted the tragedies of Ngutu te Manu and other scenes of blood, and who as far as they could know (publication of instructions being prohibited) had come "into their midst" gratuitously and without the permission of Government. 6. I am also confident that the return of the Rebels at this time would put a stop at once and for years to the resettlement of the Patea Country and probably drive away many who have gone there during the last two years. 7. I know no reason why the step should be taken at present. The reasons given by the Taranaki board are extremely feeble and the facts alluded to by them are either without foundation or grossly exaggerated. The people of Taranaki live nearly 100 miles from the district whose invasion they recommend - few of them have any property or interest in it. Yet their suggestion is to reverse the well settled and successful policy of the Government and to repeal the pledges given by it to the actual occupiers of the country. On the other hand the actual occupiers have not been consulted and even the opinion of Major Noake the R. M. and Commandant of the District, Mr. Wray a Justice of peace well acquainted with it, or myself who have had so much to do with it hitherto, are not even asked. 8. I do not believe that the prohibition of liberty to return to the Patea country is prejudicial as asserted by the Taranaki Board. While the restrictions have existed, and I believe in consequence of our firmness in enforcing them, Te Whetu, the principal representative of the King on that coast, has become friendly and has consented to road making and the erection of the Telegraph; Cobb's coach has been permitted to run through to Taranaki travelling is now safe and easy where for ten years it had been strictly prohibited; scarcely a vestige of obstructiveness and none of hostility is anywhere manifested. All this and much more has been brought about peaceably and quietly in 18 months and in the face of the policy which the Taranaki board condemns as prejudiced to our relations with the Natives. 9. After Consultation with the Hon. Col. Secretary and with his concurrence in the step. He hasn't seen the letter, I have addressed to Mr. Parris a letter of which I enclose a copy, directing him to consider suspended any instructions which he may have received on the subject, and to withdraw, if he has given it, permission to any natives to return South of Waingongoro. I deeply regret to have been obliged to take a step which may seem disrespectful towards a colleague, and nothing but a conviction that the emergency was one which did not admit of delay would have induced me to do so. I am extremely sorry if any difference of opinion should exist between myself and a Minister who has laboured so zealously and unweariedly to carry out the policy of the Government in other particulars. I cannot but feel however that in his instance the policy of Mr. Parris and the Taranaki Board of which the Native Minister has expressed his approval and which he has directed to be carried out is diametrically opposed to that hitherto held and enunciated by the Government; and such being the case I have no course to follow except to refer the matter to the Cabinet for decision. sd. William Fox 14. 4. 71