THE NATIVE LANDS BILL.

Hawke's Bay Times, Volume II, Issue 62, 4 September 1862, Page 5 (Supplement)

THE NATIVE LANDS BILL.

(From the JVew Zealand August 28). The House during the past three days lias been occupied in listening, or pretending to listen, to long-winded speeches on this Bill. Nor is this to bo wondered at; for one fraught with more fatal consequences to the Provincial Government of Wellington could not have been framed ; albeit it may not on this account prove injurious to the Province. It is proposed to vest in the natives the absolute fee-simple of all lands in Hew Zealand over which the native title has not been extinguished ; and they are to dispose of them as they may think fit, after they have received a certificate of title from a Court to be constituted under the Act. The Crown’s right of pre-emption is waived altogether ; and native lands now occupied as cattle runs will be thrown open for settlement. Hie land revenue of this Province will, however, be annihilated, and as the whole of the existing revenues will not be sulllcicnt to pay the interest on the Provincial loans and the cost of the civil service, the Provincial Government will have to go to the wall. It is not, therefore, surprising that the most violent opposition has been raised against the measure by those Provincial authorities who have seats in the House, and who are on this account constrained to take a Provincial view of all matters of a General character, and to ask themselves on all occasions the question—not whether this or that measure will be beneficial to the Colony, or will promote the general interests of the Province, but whether it will have a tendency their own individual interests. But it isf nevertheless, surprising tiiat Air. Fox should have constituted himseli the leader of this opposition, seeing that in a printed minute, signed “ William Fox, ’ the principle of the Bill is recognized. It is therein declared that when the Government lias satisfied itselt that the title lias been ascertained, “ the natives should then be left to hold, sell, lease, or otherwise dispose of their lands in such manner as they might themselves choose.” This is the very principle of the Bill against which he and his party have now raised such an outcry. In answer to an objection raised by Mr. Fox, that the Governor’s restrictions on the purchase of lands

by Europeans from the Natives were too rigid, his Excellency replies, that the great object is to establish European centres of civilization in many parts of tiro Northern Island, and to devise a system which at this critical time both natives and Europeans will gladly accept. If (his Bill will effect this great object, the principle of it has our, and we are positively assured it has his Excellency s entire concurrence. We are not prepared, however, to approve of the whole of its details, and we trust that these will be improved and modified in Committee. Mr. Fitzherbert, on Tuesday night, called upon the House, in mercy, to destroy the Provincial Government, before it reduced it to the condition in which it would have neither money nor credit. In doing this, he however’, “let the cat out of the bag.” it was not, it will bo observed, the interests of the Province, but the interests of the Provincial Government of which he was regardful, though, doubtless, in Iris opinion, the interests of both are identical, lie wished to make it appear that the Bill would rend the Treaty of Waitangi in twain, and, as usual with his party, when finding themselves in a minority, he talked (God willing) of appealing from the decision of the House of Representatives to “ the irresponsible officials sitting in Downing-strcet.” His reference to the compact entered into between the North and South in 185 G, in which the former sold its birthright for a mess of pottage, was more happy, and more true, and if the Provincial Government included within itself the Province of Wellington, and the whole of the North Island besides, we cannot see now that compact could be any longer maintained. Seeing, however, that the majority of the members of this Island are in favor of the Bill, his argument will not hold water, while the threat it involved will go still further to estrange the South from the Centre, the former of which it ought to be the special object of the representatives of this Province to conciliate. The impression is widely spreading that the question of the Seat of Government would have been settled before this, bad not (he Representatives of Wellington contrived to make themselves so personally obnoxious to those of the Middle Island. The opposition to the Native Lands Bill, which has been described as the foundation of the Governor’s native policy, will not prove be-

noficial to this Province ; and being so long continued after all hope of success had vanished, and after it was authoritatively annonneedthat the principle of the Bill had the concurrence of his Excellency, will 'tend to lower Wellington still more in the estimation of the representatives of the other portions of the Colony. The Crown made a great mistake when it recognised the rights of the natives to any other lands in the Colony except those in their actual occupation and enjoyment. Under the Royal Instructions of 1816, no claim was to be admitted on behalf of the aborigines to any lands, their right to which had not been acknowledged by the Government, or which had not been actually in the occupation of such aborigines or their progenitors ; but no attempt was made to carry out the provisions of those instructions, though we believe they are still unrepealed. The missionary party were then strong for Sir George Grey, as they had been for his predecessors; and it is now too late to claim all lands for the Crown not actually in the occupation of the natives, as might have been done in the first instance, and as the Governor was empowered to do under the Instructions to which we have alluded. If then, we admit the right of the natives to all the lands in the Colony over which the native title has not been extinguished, we must also admit with Mr. Fox, and the Native Lands Bill, their right to hold, sell, lease or otherwise dispose of them in such manner as they may themselves choose. It is intended by the promoters of the Bill to remove the distrust of the natives in the Government, and to aid colonisation by opening native lands to purchase and settlement. If the Bill will have this effect, every settler in this Province, who is unconnected with the Provincial Government, and uninterested in native leases, must wisli it “ God speed.” It will be seen from the following list of votes upon the second reading which took place at half-past eleven last night, that a largo majority of the North Island members, including Captain Rhodes, were in favor of the Bill. It has been seldom, indeed, that any measure has been carried bp so large a majority, and yet the self-styled champions of representative institutions, talk of appealing from the decision of the

people’s representatives to the Imperial Government. One would have thought that from the way they succeeded with reference to the New Provinces Act it would have taught them wisdom. The Bill, it will bo seen, was carried by a majority of 27 votes to 10. Ayes 27.—Carleton, Stafford, Atkinson, Graham It., Graham G., Wood, Ormond, Butler Williamson Jas., Eichmond A. J., llichmoud J. C., Fitzgerald, Mason, Domett, . Rhodes, Cookson, Weld, Nixon, Taylor J. 0., Colenso, Wilson, Gillies, Watt, Curtis, Russell, Wells, Bell. Noes 10.—Cartel’, Eeuall, O’Eorkc, Williamson Jno., Brandon,' - Munro, Taylor W. W., Harrison, Fcathcrston, Fitzhcrbcrt. Pairs.—Mr. Henderson, and Mr. O’Neill, for: Mr. Fox, and Mr. Dick, against.