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FURTHER PAPERS RELATIVE TO GOVERNOR SIR GEORGE GREY’S PLAN OF NATIVE GOVERNMENT.

(Continuedfrom our last.) Enclosure 2. MINUTE BY THE HON. C. WARD RELATIVE TO HAWKE’S BAY GRASS-MO-NEY. 16th December, 1861. Mr. Bell’s Minute of 16th November describes the facts of the ease, of which the leading points appear to be : 1. Constant and unavoidable trespass by the settlers’ cattle upon Native lands. 2. A law, which Natives are unwilling to submit to, mid Magistrates to administer. 3. Successful attempts on the part of the Natives to obtain redress by force for injuries sustained through trespass. It would seem, at first sight, that the remedy for this state of anarchy lies simply in providing for the effective administration of the law which is shown to exist at present and to contain provisions applicable to the cases under report. There are, however, two difficulties in the way of a simple settlement of this kind. One on the part of the Natives, the other on that of the settlers. The temper of the Native mind appears to be such, that it would be useles to attempt to enforce submission to purely English-made law in purely English Courts. To provide for the effective administration among the Natives of a law of cattle trespass, whether as it at present exists, or in any other shape, it may be necessary, first, that the enactment of that law should spring from their own desire ; and, secondly, that its administration should be, at least participated in by themselves. It is highly probable that a majority of the Natives of the Hawke’s Bay district would bo quite ready to agree that a Native district, under the “ Districts Regulation” and “ Circuit Courts” Acts, should be constituted there ; would turn their minds without delay or hesitation to the consideration ot cattle trespass regulations ; would agree to regulations harmonious with the existing law, or with which the latter might readily be harmonized, so that a law similar in effect should exist throughout the Province; and, finally, would consent that the regulations so made and approved by the Governor should bo administered by a Resident Magistrate and Native Assessors. This would, probably, be the first work undertaken ; but the other advantages and privileges to be conferred would form additional inducements to the constitution of the district, and the regulation of other important matters would readily follow upon that of cattle trespass. But there is a second great difficulty which presents itself, on the part of the European settlers. The enactment and effective administration of a cattle trespass law would not, in this case, have that effect which all laws ought to have ; it will not prevent the commission of (he offence. The inducement of good and plentiful feed for cattle appears to be so great, that trespass would be restrained by no law. Even were a moral obligation and a penally combined found to be cogent upon the cattle owner, the same restraint could not be imposed upon the cattle. In all probability tin 1 best devised trespass law would only do one of three thingseither become a dead letter : or lead to general excitement and violence ; or produce a compromise between the trespasser and the trespasser-, equivalent to a license to depasture. It is impossible to ignore the fact, that the last is the result to which circumstances are fending ; it is a result, indeed, winch in some cases, has been long ago arrived at. It seems also to be that which not only common prudence but broad political considerations would point out as the most desirable result. Hitherto, every case in which a peaceable settlement of the question at issue between the Natives and the settlers has been practically arrived at, has been a violation of the law. [Native Land Purchase Ordinance, 1816, section I, clause 2.J The benefits presumed to bo derivable from this law cease to exist in any district where as much land as the Natives are likely to sell to the Government has been bought from them. The restrictions imposed by the law then begin to be severely felt; both by the settlers, who desire to turn the wild land to its natural use ; and by the Natives, who are precluded from employing their property to advantage, acquiring an income thereby, and thenceforward taking many steps in civilization. This condition of things appears to have come about in Hawke’s Bay. The Ordinance, in the clause above quoted, imposes a penalty upon any person using or occupying, without a license from “the Government,” land not granted by the Crown ; and from this liability even the Natives themselves do not appear to bo exempt. The Resident Magistrate (or Civil Commissioner, as the case might be) specially appointed for the Native district might be entrusted, in conjunction with the Native Assessors, with the power of licensing persons to depasture cattle on lands within the district. They would act as agents at once for the property of tlie Natives and for the power of the Crown. They would register the licensees. An action for trespass over lands within the district would lie before the same Court, under the regulations of the District , against any unlicensed person- The licences would be issued subject to fees and conditions to bo determined on by the Runanga, in the same manner as other Regulations. ° The Natives might possibly be induced to appropriate, through the Runanga, the produce of the fees, or a portion of them, lor the expenses of their Government, for roads, for schools, for religious purposes, for hospitals, or for any public requirements of the district. I recommend that any Officer specially sent down, as suggested by his Excellency, to close the outstanding cases and to explain the nature of the regulations proposed to be established, should suggest the above method of dealing with the subject for the future, should endeavor to obtain the assent of the Natives thereto, and should report without delay for further action. It would bo necessary further to obtain the assent of the European population and legislature

so far as regards any alterations in the law of cattle trespass which may be required ; and to induce them to abandon the hope of any further purchases by Government from tho Natives within the district, through the pi’csont machinery of land purchase. CiiosiiiE Ward. Exct.osuke 3. REPORT OF THE HON. CROSBIE WARD TO THE GOVERNOR. Auckland, 23rd January, 1803. Sir, —I have the honor to inform your Excellency of my proceedings during a visit to the Province of Hawke’s Bay, and to communicate the general results. In consequence of information received by the Government during tho months of October and November last, I proceeded in 11.M.5. Fawn, Commander Cator, to Napier, where I arrived on tho 22ud ultimo. During the first few days after my arrival, I visited the farm settlements in the Euronean districts, in order to ascertain with precision tho circumstances which were reported as causing serious difficulties between the Native and European population of the Province. I found that in several districts the lands occupied as farms by European settlers bordered immediately upon Native territory. As the natural boundaries were not impassable for cattle or horses, the stock belonging to Europeans were in the habit of crossing from one side to the other. In almost all cases into which I enquired the settlers recognised it as an advantage to them that the Native lands should be open as pasture lands for their cattle. In some cases an agreement had been entered into for the running of cattle ; in some, after the lapse of a considerable time, the settler paid the Native owners a moderate sum of money in lieu of damages for trespass; but in others, no payment of any kind being tendered, a sum had been demanded by the Natives and refused by the settler’s. The last class of cases had given rise to die disputes known as the “grass money difficulty,” a difficulty which became serious from the following causes. The Natives had, about two years ago, brought before the Resident Magistrate’s Court at Napier a claim for damages committed by the cattle of a settler upon their lands ; part of the claim being lor the destruction of some wheat, another part for continued trespass upon their unfenced land. Hie Court allowed the former claim, but dismissed the latter; and it was generally understood that the Magistrates would not give damages for trespass upon unfenced Native land in any case. Tho Natives, thus finding themselves without a remedy at law for the continued occupation of their lands, determined in all cases where their demands were not complied with, to enforce them in their own fashion. At Petane, about seven miles from Napier, they erected a stockyard, and several times drove olf the cattle of the Europeans and detained them in the yard until the sum demanded should bo paid. In some cases the demands were extortionate ; but 1 learn that when the Chiefs of the district (there being no Nat ives of rank at Petane) Came to hear of the circumstances, they caused some claims to be considerably reduced. On my visit to Petane, I found that ail these cases of dispute had been settled, and the cattle seized restored upon payment of some sum of money in each case. There were, however, outstanding claims upon which the Natives might at any time take action. In another district, on the banks of the stream called Tutao-kuri (Meaner), there remained unsettled one case of a very serious character. Tiiis was tho case ot the Shirleys, father and son. Their cattle, averaging thirty head, had been running constantly on the adjoining Native land for a period of at least live years. The owners of the land demanded a sum of £3O in compensation. Shirley refused to pay the amount; then offered a smaller sum ; then agreed to pay a certain amount which the Natives agreed to accept. Just at this time Shirley advertised his cattle to bo sold by auction, and brought them into the yard for that purpose. The Natives, having reason, as it appears, to place no confidence in Shirley, would not permit the cattle to be sold, and removed them by force from the yard. The Native Chiefs in the vicinity strongly discouraged this action when at first proposed, and restrained those more immediately concerned from attempting it, until it was shown to them that in no other way was tho money claimed likely to bo recovered. They then withdrew their opposition, but at the same time abandoned on their own behalf any claim unon the cattle. At the time of my visit, the matter was still in tho same state ; the cattle had been held by the Natives (the principal person concerned being Paora Ivaiwhatu) for thirteen weeks ; Shirley was suffering severe loss from the detention of his stock, among which were many milking cows : but he refused to pay tho demand of £3O, for which at any time tho cattle would have been restored. It ss necessary to remark hero that on tho one hand the Natives had reasons to believe that damages for trespass on their lands could not be recovered at law; and on the other hand, Shirley knew that tho temper of the Natives had become such that a Summons or Warrant issued from tho Resident Magistrate's Court against the Natives who had committed the act of violence upon him woidd be of no effect, but would be destroyed contemptuously, and disregarded. Under those circumstances, after endeavouring to obtain an amicable settlement of the difficulty, I determined to set an example in tho district by bringing tho whole case before tho Resident Magistrate’s Court. Before, however, this could bo accomplished there was much to be done, ft was necessary to induce the Natives to undo their illegal act, to return tho cattle which they had seized, and submit to the law. I was enabled to point out to the Resident Magistrate of Napier the fact, before overlooked, that a portion (a few clauses only) of the Provincial Impounding Act, which exactly met the case in point, was in force within the Province. This was sufficient. In the meantime I had caused to be printed and circulated among all the principal men of the Ngatikahungunu tribe resident in the Province, copies of your Excellency’s general address to tho

Natives, together with a letter from myself announcing the purport of my visit, t then 'received several ot IheChiets ot the immediate vicinity who came to call upon me, and 1 visited each of them in return. I found them perfectly willing to accept the proposals which were made to (hem, and (hey displayed a high degree of intelligence in discussing the various points, which gave me great confidence in dealing with them. Having tally imormed them of the course which Your Excellency proposed to take, I told them, one by one, that in adopting the system proposed they would ultimately obtain the management of tneir own lands; but (hat in the first instance they must settle all disputes among themselves, concerning ownership and boundaries, and they must submit themselves to the law both for the repression of crime and for the administration of justice between man and man. llefore entering into any negotiation with them, I said that Himley’s case must he settled, as 1 should not entertain any proposals from them for the acceptance of a system of government until they should have undone toe violent act ol which they had been guilty; anti I ol’ercd to show them how to obtain justice by legal steps upon their restoring all the' cattle which they had taken from Shirley. As these remonstrances and promises were made to the Chiefs ot I he district, iareha, Eeuata, Earaitiana, and Ivarauria, 1 left it; (o [hem to take the proper steps with I'aora Eaiwhatn, the Native particularly interested. r lhey assented readily to my oiler, and 1 left for the interior, informing them that woen t-hirley s case was settled 1 should he prepared to meet them in public to receive their answer to \ our Excellency's address. llefore leaving 1 communicated with the Magistrates, and obtained their consent to sit on a day named, along with Native Assessors, at a place in the neighbourhood of the Shirley’s farm, to go into the whole case. I arranged also that, noon the restoration of the cattle, summonses should he granted to the Native Kaiwhatn, on his application, against the two Shirley’s under the Wellington Impounding Act. 1 then proceeded to the To Auto, Waipukurau, and Porangahau districts, and either visited personally or communicated with all the villages in this part of the Province. Everywhere 1 was received cordially, and had the pleasure of ascertaining that \ our Excellency's proposals had been carefully considered with a highly favorable result. Certain difficulties ot the “grass money” order I placed in a way to settlement by a process of law. None of them were of a pressing or important character, with one exception, which involved many important considerations. A settler iiamedMason had agreed with a party of Natives to occupy a certain rent a small block of land in the neighbourhood in this run. lie had paid rent for sonic years when the Chief To Hapm;n, on behalf ot Ids followers and himself, claimed an ownership in the same land, and demanded from Mason a fresh payment to himself of (lie whole amount, which Mason had from first; to last paid the other party. Mason resisted tin's claim. Te llapuku seized some of the sheep, but afterwards negligently allowed them to stray back atit»in. Shortly afterwards, no settlement" being to, Te llapuku went on Mason’s run, ninst..™l all the sheep, and drove off about •jut'd head, leaving not more than fiuO in Mason's hands. 1 learned also that Te llapuku had expressed his determination to shear the sheep and so to pay himself. On visiting te llapuku I expressed hit anger and sorrow at the illegal act which he, a professed friend of the Europeans, had committed. 1 told him that his proper course wes to settle his disputes which the other Aatives; that if lie did so and proved his ownership, the Governor would by and by permit him to let the land to Europeans, and would secure the payment of his rent by law, but that on land in dispute no European would he permitted to settle, and therefore no rent would accrue to him. I showed him that the rest of the Natives were prepared to accept \ our Excellency’s proposals, and that he, if he did not follow their example, would be excluded from the benefits which (lie others would derive therefrom. After hearing patiently all that lie had got to say, 1 left him with an intimation that on a future day I should see him again and learn his determination. I then, fearing very much that Te llapuku would prove a difficult man to deal with and bo and obstacle to the ready attemptanec of an general scheme, proceeded carefully to take such measures with the leading natives of the district as were in my opinion best calculated to detach them from Te llapuku and to cause them to join those who desired order and good government. This was by no means dilllculr. 1 found all eager to join in the movement. When I announced my intention of holding a general meeting in (ho neighbourhood in Napier (Pa Whakaairo) the Chiefs at Te Ante at once promised to attend but those at "Waipukurau, Porangahau, lluatauiwha, and Waimarama, being distant, and at the time engaged in sheep-shearing for the Europeans, could not attend at the Pa Whakaairo, hut desired that a meeting should bo held at a place central for themselves. 1 In’s 7 conditionally promised to do ; hut time not permitting it I afterwards wrote t o ask them to await the arrival of the Civil Commissioner. When approaching Te llapnkn’s pah (Pokawn) on my return, 1 met him coming to see mo. He informed me, in a very surly manner, that ho had been about to shear the sheep, but (hat after my visit to him lie had stopped the building of the yard which was being constructed for the purpose, and that he was permitting the sheep to stray home again. Ifo gave me to understand farther that he would permit those who claimed the land to meet together and settle their claims without his interference. This was quite enough. I knew that the claimants on both sides were ready to adopt this course, and that To llapuku’s arbitrary interference had been the chief obstacle to a sett lement of tiro dispute. A few days afterwards I learned that in one particular To llapuku had been bettor than his word and not only permitted Mason’s sheep, to go back, but had himself sent them back by his men. Some of the sheep wore, however, still missing. I considered that this result was most important. I took care to follow it up as far as possible by

inducing the opposing claimants to take actual steps for settlin'' the claim amicably, and this they promised to do. Should To llapuku’s present good intentions he frustrated, however I fear that much mischief may he the result, i may sav that li's act has been founded on his own sense [of propriety after hearing my arguments ; and has received the inducement of no promise whatever from me. I then returned to town, found that the preliminary steps in Shirley's ease had been taken, and arranged for the sitting of the Conn on a certain day, Tuesday, the 11th instant. Captain Curling, the .Resident Magistrate, -Mr. G. S. Cooper, a Maori linguist, and Mr. J. Anderson, a Justice resident in Shirley’s neighbourhood, sat to hear the ease. 1 appointed Tareha, Renata, and Karaitiana, the three leading chiefs, to he the Assessors. This was in fact merely complimentary yuid a mutter ol policy, as the appointment in no way infected the con>!itulion of the court. I had no scruples arising from (heir interest in the'easc being satisfied ot their independence from the fact already mentioned, that, on violence being used, they had abandoned their own claims in the matter. A cross action was brought by Shirley against Kaiwhatu for damages sustained in the forcible removal and detention by the latter of (he cattle belonging (.1 the Shirley's. The Reneh, after carefully hearing both the case of Paora Kaiwhatu, against Shirley and that of Shirley against Kaiwhatu, gave judgment in the iormcr lor thirty pounds, the amount claimed, and dismissed the latter. The reason for not allowing Shirley damages for (he trespass committed by the Natives was partly (hat Shirley had brought the punishment on himself by his own obstinacy, and partly that the Natives had no cattle. This referred to the fact that by the previously accepted const ruction of the law any action brought by the Natives to recover damages for trespa.-s on unfenced land would have been dismissed by the Court. During the action, evidence was taken to shew that Shirley had suffered absolute loss by the deprivation of his dairy stock to the extent of £sl in fourteen weeks. I felt that, Iho impotence of the law having been declared <0 be a prime reason for, the loss which Shirley sustained, and a reason also why he could not recover the amount of damage done to him from those who committed it, justice required that (he Government should give compcnsal ion. I therefore caused the sum of thirty pounds to be paid to Shirley on this account, and permitted him to suffer the remainder of his actual loss as a penalty far his own obstinacy as defined by the judgment of the Court. I took care also that the Natives received the amount of damages awarded them and £ both’parties were ‘satislied. 1 was now satisfied that the only true solution of the question of “ grass-money ” was to arrange for the legal occupation of Native lands; and the means of doing so at once presented themselves. It was only necessary to introduce by means'of the District Runanga, when formed, a system of depasturing licenses adapted to the two forms of settlement in Hawke s Day, the shcep-farmim' and the agricultural. This, however, will ultimately not be sullieieut for the requirements of the two races. Nothing short of actual permanent set tlement for agricultural purposes willgratifv the desire ot the Natives tor utilizing their property or the anxiety of the European population for using it. i found many schemes matured among the Native Chiefs for leasing the Ahuriri plains to farmers ; and 1 am strongly of‘’opinion that a method iray be found for practically effecting tin's object without fear of any had results. Upon the plains referred to in part icular Native title is in a very well-defined slate, and all parlies among them are ready to submit their boundaries and their chums fort lie sanction of the Runanga. I recommend as one important step that maps be furnished to them, and that the service of a surveyor be supplied. A record of boundaries on a map and a registration of titles in a book would quickly cause the ownership of lands to be so well ascertained and so entirely admitted amongst themselves that a grant from the Crown might issue in any form which might be thought proper, say in that of a grant to certain Chiefs and others in trust lor (he whole. Upon such a basis as (his, the existing law being at the same time modified, agricultural occupation might proceed in safety. I have ascertained that the Natives generally are perfectly willing to place the control of their lands in the hands of the Runanga, the profits only being guaranteed to (he rightful claimant's ; and T recommend this course as more useful for the objects of the Government, more rapid, and more beneficial in its results to all parties, than any immediate attempt to individualize title, or to break up the lands of the tribe amongst its members. Having come to these conclusions, and knowing how important it was that the irritation before existing between the two races in Hawke’s Ray upon (he land question should be allayed, I had no hesitation in communicating my views with great freedom. I have had to regret, however, the frankness which I used. The European settlers who arc not yet possessed of land, and all who arc desirous of introducing population into the country, arc most anxious to obtain possession in sonic way of the lands still held by the Natives on the Ahuriri plains. As soon as it was known that the Government was willing to sanction some kind of occupation, (here was a general rush <0 obtain possession at once, without, any regard to the system which might be found most advisable or the restrictions winch might in the first instance bo imposed of necessity. I fear that much difficulty will he experienced both from those who attempt to deal individually with the Natives and to secure thereby large possessions for themselves, and also from (hose who in a more thoughtful maimer arc organizing themselves to anticipate and outbid the private speculators. My only course under these circumstances was to point out to those who wore capable of understanding an argument how their proposed action would defeat Hie undertaking of Hie Government, and with it their own aims ; while I used every reason with the Natives to induce them to refrain from disposing in any way or promising

lu uispubu of their lauds until the Ruumiga should meet and a system be in operation. lam able to say that the Natives quite understood the force of my arguments and agreed to ray suggestions, but I am unable to say how long they may withstand the urgent demands of the Europeans. Having settled all outstanding difficulties and obtained a full insight into the circumstances of the country, I, as the last act of my visit, summoned the Natives to a general meeting at the Pa Whakaairo, about eight miles from Napier. All the leading men of the neighbourhood, those from Te Auto, and representatives from Porangahau, and other places, were present. The Chiefs Renata, and Tareha, who reside at the Pa, received me and those with mo with liberal hospitality. At the meeting I was first asked to explain the intentions of the Government with respect to the Maori King and to the disputed block of land at Waitara. I explained these matters fully, and they expressed their consent in both cases. I then enlarged upon Your Excellency’s proposals for their government, shewing the advantages which they would gain and the corresponding liabilities which they would lie under in accepting the offer. Their answer was plain. They would willingly accept the plan proposed ; indeed they were most anxious to see it at work, having hoped for something of the kind for at least two years ; but thcj made one reservation. They had certain land-purchase disputes yet unsettled, disputes of the same kind with that which commenced the war at Taranaki. They had been in expectation since the war began that the Governor would use similar means to settle the disputes with them ; that is, would employ force. The plan now proposed for settling the Waitara dispute was a very good one; they only wished that before attempting to introduce a system which must be carried out amicably that the land-purchase disputes between themselves and the Government should first bo settled by the same means. To this most reasonable request I expressed my full assent. I now most earnestly recommend that immediate steps be taken to carry on the work which has been begun, and which could not have been commenced but upon the assurance that it would be proceeded with. I have detailed certain minor facts and suggestions in a separate paper for the information of the Civil Commissioner in whose hands the administration of Native affairs in Hawke’s Bay may for the future be placed. I have, &c. Ckosbie Ward. His Excellency Sir George Grey, &c., Ac., Ac.

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Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/HBT18620828.2.17.2

Bibliographic details
Ngā taipitopito pukapuka

Hawke's Bay Times, Volume II, Issue 61, 28 August 1862, Page 5 (Supplement)

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Tapeke kupu
4,714

FURTHER PAPERS RELATIVE TO GOVERNOR SIR GEORGE GREY’S PLAN OF NATIVE GOVERNMENT. Hawke's Bay Times, Volume II, Issue 61, 28 August 1862, Page 5 (Supplement)

FURTHER PAPERS RELATIVE TO GOVERNOR SIR GEORGE GREY’S PLAN OF NATIVE GOVERNMENT. Hawke's Bay Times, Volume II, Issue 61, 28 August 1862, Page 5 (Supplement)

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