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

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

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

(Continued from our lastJ ExciosriiE 4. SUGGESTIONS BY THE LION. C. WARD EOR THE GUIDANCE OE THE CIVIL COMMISSIONER. Napier. 18th .January, 1562. I desire’to record, for the benefit of the Civil Commissioner who may bo appointed to take charge of the Native District of Hawke’s Bay, some facts and suggestions which appear to me of great importance. The Natives, at a meeting held at Pa Wliakaairo, on the 16th instant, where were present all the principal men of this part of the district with representatives from Te Ante and Porangahau declared their willingness to accept the Governor’s proposals for their bettor government; but stipulated that, first of all, every disputed question of boundary between the European and Native lands should be investigated and settled. I conceive this course to be not only just, but highly politic; and therefore point it out as the first step to be taken on entering upon the management of Native affairs in the district. In making the investigation it will be unnecessary for the Commissioner, at least if he have been in no way mixed

up with land purchase operations, to associate any body with himself in the investigation. The Natives will be fully satisfied with the authority which he will represent, and will only ask that their claims may be fully heard and justly judged A few cases of doubted boundary exist in this district, which the Natives consider of great importance ; so great, indeed, as to regard them as probable causes for war, equally with the block sold by Teira, at the Waitara in Taranaki. Thev express a fear that their claim to these lands may be disregarded by the Government, whom they accuse of having bought them carelessly from men who had no sufficient right to sell. I have no doubt that in all such eases ample evidence can be adduced to satisfy, one way or other, even an Englishman unacquainted beforehand with Native tenure. The nest step of importance to be taken is the settlement of land disputes amongst themselves. This is comparatively an easy work, being complicated only in cases where a chief protects and supports each party of claimants ; here mutual jealousy springs up to render mutual dealings difficult. The course which has hitherto proved successful is to in dnee the chiefs on each side to withdraw, and to permit the minor claimants themselves to meet and ascertain and settle their conflicting claims, which they will generally do with much facility. The course of the Government in these cases will bo very simple ; its mere announcement has proved very successful already with Te Hapuku. The Government should permit the pastoral occupation of all lands, where there is no dispute about title, as soon as the system proposed is in operation ; but they should noff permit any occupation of disputed lands This refusal will be of importance, and will be practicable when all other questions are settled and law is introduced. It will have the eiiect of rendering all disputed land profitless to either party; the inducement to quarrel will be withdrawn, and an inducement to settle the quarrel substituted, that the profit of the laud may be forthcoming. I have urged the Natives to begin at once to settle all their land disputes, and to ascertain exactly mutual boundaries, in order that, when the Runanga meets, the land may be marked off upon the map, and the names of its rightful claimants registered in a book. I have promised that a map will supplied, and that a surveyor shall assist to lay of}' and delineate the subdivision under the authority of the Runanga, whose decision upon a claim shall be final. 1 may here remark, that I look upon any attempt at individualization of title, at the present time, as not only hopeless, but impolitic. I trust that die Natives will be content to deal with their lands as a whole as much as possible. That is, that the ownership of a certain block will be vested formally in a certain division of the tribe ; that all minor arrangements respecting its management will be transacted by the lesser Runanga of that division ; and that all such divisions will permit the great Runanga of the district to keen under its control all matters of importance respecting all the lands. I trust that this system will result beneficially in the Runanga giving the right of occupation of certain holdings to individual Natives, and thus establishing a tenure by custom and consent which may afterwards be changed into fee simple. Another mater which will have to be carefully attended to from the beginning, prior to flic full working of the new system, is the administration of the law between Europeans and Natives. We have established the fact (in Shirley's ease) that cases of cattle trespass, which have been the origin of much trouble, can be settled by an appeal to law. I have pointed out to the Natives that any similar cases and all debt eases can be heard before the Resident Magistrate in papier at any time ; and no doubt many will be so heard. These however will be all Maori v. European. I fear that Miu action for debt by a settler against a native will not be so readily brought before the Court, nor the judgment of the Court so readily submitted to. Having the duty of introducing law where law has not hitherto existed, one must not bo discouraged too much at the difficulties which arise in its absence; but rather use these very difficulties as means towards accomplishing the desired end. Eor instance, the troubles which have arisen from the grass money difficulty have had much effect in preparing both sides to accept a system which promises to remove them. I have little doubt that, with prudent and quiet management, the exercise of personal influence, and a proper action through the leading men of the tribe, an action for debt against a Native might bo now brought safely, heard, adjudged, and judgment executed. I recommend that this step be taken as early as is consistent with safety: but a break down in it would seriously prejudice the whole negotiation. I regret to say that the Natives are deeply indebted to the settlers as a rule ; and that the fact is, that the Maories presume upon their independence of law and defy its administration. This state of feeling has grown up, I am persuaded from sheer neglect on the part of the Government ; it must now. be taken as a fact, and the root of the evil removed ; the symptoms cannot be touched but with the greatest care. I have clearly impressed upon the Natives publicly and privately, that the acceptance of the system will entail complete submission to the law. They acknowledge “ it is good.” I earnestly recommend that, whatever course may be found practicable so long as there are only English laws and English courts to deal with, as soon as a law of their own can be administered through Courts in which their own Assessors sit, the utmost firmness be exhibited from the very first. The proper administration of this part of the law will form, perhaps, the only criterion of success in the ejes ot the uropcsi'3. The next matter to be dealt ■with before the initiation of the system, is the illegitimate leasing of lands ; and this 1 look upon as question charged with difficulty. Greedy Europeans will endeavour to induce the Natives to grant them blocks of land, trusting to the double assurance that the Government cannot take any steps now to prevent them, and will not attempt to induce the Natives to abandon any contract once made. It will be of little consequence if even the whole country outside the Ahuriri Plains, is so leased but if

any portion of the plains bo so taken up, very serious damage will be done. I have done all in my power to prevent the occurance of such an event. The Natives have promised me unhesitatingly, that they would not proceed to deal with these lands until the Runanga has met. I have also warned all Europeans. Nevertheless 1 fear much mischief will be done, if not in the actual allotment of extensive lands, at least in the excitement of the Native mind by those who press them with bargains. X have been able to devise no plan for defeating these greedy speculators, without encountering the whole body of those who have illegal leases all over the country: but as no tenure can be recognized, even under license, but that" of depasturing, I should be inclined, on finding any man in actual occupation, by fencing or otherwise upon the plain, to proceed at once against him under the Land Purchase Ordinance, having first consulted the Natives about it. I should add here, that the Natives undertake to be ready to furnish a list of all engagements with Europeans, to the Runanga. I have further impressed upon the Natives the importance of letting no disturbance arise from questions of grass-money or otherwise, prior to the initiation of the new system, after which, I have told them their own law will protect their property. This they have agreed to. I now come to sketch the system itself in the shape which I conceive best adapted to the circumstances of the country ; and I will then proceed to suggest the first steps to be taken under it. The Province, as a whole, may form conveniently one great Native district,' all the Natives within it being of the Ngatikahungunu tribe. This district may be roughly divided into three parts, with separate geographical conditions. Wairoa, to the North—all the country beyond the purchased Mohaka block. Waipukurau, including Porangahau and Rua Taniwha, to the South. And the Ahuriri plains in the middle. These divisions are not of much importance, except as showing the three head quarters where Resident Magistrates should bo posted, and where meetings of Natives may most conveniently be gathered. Eor the working of the new system the Natives already understand that one great Runanga will meet on tiie Ahuriri plains. This Runanga will consist of the Commissioner and of Assessors, two of the latter being chosen by themselves, subject to the Governor’s approval, from each of the following groups of pahs.

Those pahs which arc named are already announced as having the right to elect two Assessors for each group. They would also have a Village Runanga of their own, and would not hold separate ownership of their own lauds respectively. I have not been able to visit VTairoa, not considering that my time would be'well spent in so doing ; but I have written to the people there, saying that they will have a visit from the Commissioner. The Natives of that part of the district are numerous; but hitherto no difficulties have occurred between them and the Europeans. As to the time of holding the first general Eunanga, I would suggest that advantage bo taken of the great tangi for Moanauui, which takes place at the end of February and beginning of March, at which all the principal people, from all parts of the district, will bo present. By that time the Assessors may be chosen and confirmed. When the Runanga meets, the first business will be land. I trust that all disputes will have been, settled both with Europeans and amoim themselves. If so, the first duty will be the re” cord of title to the ha-pus, and the enrolment of the owners in the registers. Next will come the disposition of the land. This I recommend should be kept in the hands of the Runanga but exercised according to the wish, so far as may be, of the owners. In the first place, an attempt might be judiciously made to reserve a portion of all Income from land for general pm-noses, to be appropriated by the Runanga. I think this would" bo agreed to almost unanimously. The remainder would be divided among the claimants, according to the proportions shown by the registry. ° It seems to me that the natural disposal of the land would be to deal with all the northern and all the southern land as run districts. Frame a short series of regulations granting a moderate term of tenure of a simply pastoral character. Licenses to be issued by, and money paid to, a Hoard or Court , say the Resident Magistrate’s Court of the district, who should account to the Runanga. These licenses should give no title to the land, and should preclude the owners from selling the land at any time they choose. The rate of rent should be high : I think not less, at least for good runs, than 2d. per acre. The system should embrace all runs already let. Certainly, the Natives should not be taught to break their agreements ; but reserving the land for the man, I am of opinion that it would be both just ami politic to bring his rent vp or down, as the case may be, to the standard, if the Runanga are willing to do so. For many reasons I would work for this end. Further, in all cases whore an arrangement has been made contrary to the law, I would compel the applicant for a license to pay a fine to the Crown of some fixed amount, us a recognition of his breach of the law. It would stand in lieu of revenue to the Province. I would deal very hardly, so far as possible, with any who had made their arrangements at a late period, calculating on the Government ratifying their agreements. As regards the plain country, I would deal with

that in quite another way. It is absolutely necessary that some legal arrangements should be made by which the settler’s cattle may run on Native land. One sees, also, the great advantage, not to say need, of using this land for agricultural purposes sooner or later. The European population in the vicinity of the town is greedily eyeing these fat lands, and is most urgent to turn them to profitable account. At present, there is no power to do more than license persons to occupy lands for pasturage. I recommend, therefore, that a special system be adopted for this particular part of the country. I suggest a division into four parts, to be called “commons,” “ komana namely Waipureku common, Pakowai common, Petane common, and one on the upper (south-west) portion of the plain, to be called by any convenient name. Give the Court the power of issuing licenses to cattle owners to run so many head on any one of these commons, say at 10s. per head per annum, for the first-named three, and os. for the fourth. Compel all cattle to be branded. Have a law for fencing and trespass. Keep a policeman on each common to look after the cattle. Treat all unbranded stock, and those beyond the licensed number belonging to each owner, as trespassers, and let the Court give damages for their trespass. The lower plains would then bo used for dairy cattle, working bullocks, butcher’s stock in immediate use, and so on. The back plain would be used for store stock, young stock, and all those not wanted from day to day. This arrangement would meet all difficulties for the present. It is quite clear that the plains must be brought into use for agricultural purposes by some not very tardy process. 1 see no reason why the process should not bo very rapid. Most of the land title is well ascertained, and can be readily certified by the Punanga. This would enable to be given a good leasehold title for all purposes, while sales might be effected under it by a machinery which would only involve a formal and very safe set of the Crown in conveying the title. I hare impressed upon the Natives the absolute necessity of recording all title before the Kunanga, and they are quite alive to its advantages. I may remark that the plains are over estimated by the European settlers. I doubt very much whether, reserving land occupied bv the Natives, much more than 20,000 acres remains of reallv avaiiable country. The Natives are willing enough to deal wiih this land in a way which will not alienate it, and they would be willing even to sell small portions. I should suggest a scheme of t his kind. Both on the Pakowai and on the Waipureku portions of the plain, good sites for villages might be formed, say 300 acres each. Surround these with about 5000 acres of arable land, laid off in 100 acre sections. Sell the first, and lease the second, granting the right of common pasturage outside of all. I am sure that the Natives would fall in readily with this plan, or one like it. I sec no reason why titles should not be confirmed, surveys made, scheme in operation, and land occupied within nine months from the present time, li et, undue haste, or any attempt to remove from the hands of the Natives tlle management of their own lauds, would, I conceive, be seriously detrimental to the ultimate success of any scheme cither for occupying the land or for governing its owners. The land is at once the cause of troubles which must bo settled : it is the inducement to the Natives to submit to the law ; and it is the engine for schooling them in a system of self-governnient, by teaching them to manage their own property. The Natives will become comparatively rich when their lands are turned to the best account. I think that an endeavour should be made from the first to have set apart from all receipts u certain portion for general purposes—for expenses of government, roads, bridges, schools, surveys, <ic. To some extent this is already done by the Kimangas already in existence : for instance, at Waimarama, under the superintendence of the estimable chief Harawira. All grass money questions arc already virtually disposed of. Shirley’s ease has been settled by law, and forms a precedent for all others which may arise. All a Native has to do, if he cannot get paid for trespass committed, is to summon the ofleuder to Court. A case bj’ the Natives against a Mr. Hill is now ponding. Another case, of old standing, by the Natives in the Porangahau district against Captain Newman, is also awaiting settlement, and must follow the same course sooner or later, for the two parties will not come to tei’ins. A bad case occurred in the forcible removal of the sheep oi a Mr. Mason, by the chief Te Hapuku, who claimed rent from him for land for which he had already paid rent to another party of claimants. Mason suii'ered, of course, from the consequences of his own illegal act in dealing with natives at all. Nevertheless, I deemed it right to remonstrate against so flagrant a breach of order. Hapuku, on my remonstrance, returned the sheep, and agreed to permit the claimants on his side to meet the claimants on the other to settle the ownership. Nothing has yet been done, and it will be necessary to see that something is done, lest Hapuku, who is not to bo depended on, should commit a fresh offence. I may mention, that I told Hapuku that the Government would not permit the occupation of land about which there is a dispute among rival claimants. I hold in reserve a threat to stop his pension, not wishing to use it except in cases of emergency. In my opinion it would be very well to induce Hapuku to take his part in the working out the new system, and to give him due weight if he does so. But if not, he should be left outside and disregarded, until he should begin to feel his isolation from the rest of In's race, when the hand of welcome should be offered him again. Still, I fear that he will be a thorn in (ho side of those who wish to establish good government among the Natives of this Province. Among the conditions which I stated to the Natives at the late meeting, and of which they approved, was this, that no obstacle should be placed to the formation of any road or bridge through the country. As to ferries, if the Governor wanted some land for the ferryman’s house and garden, he should either buy it or lease it: but nothing should be payable for the working of the ferry, inasmuch as that was only part of the road. In conclusion, I assured the Natives that the

Government would investigate carefully the Waitara claims, and do full justice to those who proved the riglitful oweers ; that they would not make war on the king, but treat him with contempt, and let his throne fall to pieces. In both these intentions the meeting of which I have spoken fully concurred. CnosßiE Ward.

Aiiuk IU1. tVAll'UKUEAU, &c. tV A! UO A. . 2 7) Suii-J)isTn.icn',s o 3 SOE-DtSTIUCTS c 5 and Pahs. o -S 6 £ < < Waipureku Te Ante A Matalihvi \ 2 Pokawa 59 Kayavnu J Patangata ) Pa Whakaairo 1 Waimavaina... ) Pa Kowai i2 Pourevero j Cmarunui ) visited. W aipatva ■) Pctano t aipukurau... j Tongoio 52 Arapav.anui ) Porangaliau...) Eparaima j P.ua Tanhvha A Takapau f9 Tiko Kino )