MR. SPAIN'S REPORT ON TARANAKI. {Concluded from our last.)

New Zealand Spectator and Cook's Strait Guardian, Volume III, Issue 132, 4 November 1846, Page 4

MR. SPAIN'S REPORT ON TARANAKI. {Concluded from our last.)

The nrext witness, Colonel Wakefield, relates the recommendation of the Port Nicholson chiefs, that he should get white men to go and live at Taranaki, and their sending two Port Nicholson natives, Tuarau and E Ware, with him in the ship Tory, with messages to the same effect to the natives resident at Taranaki. He also states that he took with him Barrett, and his native wife and family, who originally came from Taranaki. That on the 27th November, 1839, the Tory anchored off the Sugar Loaf Islands, and two of the Taranaki chiefs went on board, with whom Mr. Barrett conversed about the sale of their land : they seemed well pleased to agree to part with it. They wished very much to have white people to live amongst them, to defend them from the neighbouring tribe, who had so long been at war with them, and begged Colonel Wakefield to leave Mr. Barrett whilst he went to the North, in | order that he might complete the contract ! which tfeey agreed to make with him for the sale of their land. Colonel Wakefield futther states, that as it was also necessary to collect the people living on the line of coast he contemplated purchasing, with a view to acquiring their consent to the sale, he left Mr. Barrett to conclude the treaty ; that, in the next month, being unable to return to Taranaki himself, he commissioned Mr. Dorset on behalf of the New Zealand Company, to complete the purchase by distributing the price and taking possession. Colonel Wakefield upon being asked to state more particularly what negotiations were made with the natives of Tarauaki farther stated, — That in consequence of the deed made in Queen Charlotte's Sound, which included Taranaki amongst the places bargained for in it, and the signatures of so many of the chiefs who formerly resided at Taranaki, and who still maintained a claim to the land there, up to the date of the Queen Charlotte's Sound deed in November, 1839, he considered it only necessary to have the sanction of the chiefs resident at Taranaki, and to give them a consideration to confirm and complete the purchase of the district : the two chiefs who went off to the Tory, gave him the sanction he required, and it was understood that he was to make a similar payment to what he Lad done in other cases, with the particulars of which they were well acquainted. That the chiefs desciibed generally the extent and boundaries of the land they proposed to sell, as a large district south of Cape Egmont, and north of the Sugar Loaf Islands, as far as the river Mokao ; and that he felt so sure that it only required the payment to be made to complete the bargain, that he wrote to the Directors of the New Zealand Company some time early in December, stating that he expected on his return to Cook's Strait, from the north, to find the transaction completed. — (Colonel Wakefield, examination in chief.) John Brook follows, and although be does not appear to have taken any active part in the transaction, yet his evidence, as far as it goes, fully corroborates that of the preceding witnesses as well as that of Barrett, (taken subsequently,) to which I have,before alluded, which closes the European evidence offered in support of the claim. Before I proceed to comment upon the native testimony which follows, I would here observe that the four European witnesses most fully agree in their evidence ; which in the absence of any contradiction, goes to prove that the Principal Agent to the Company was solicited by E Puni, and other chiefs at Port Nicholson, to take Europeans to reside at Taranaki : that he proceeded to that place in November 1839, in the Tory, accompanied by Tuarau and E Ware, who had been sent by Port Nicholson chiefs as ambassadors to the resident natives at Taranaki, with messages to the like effect ; that Richard Barrett with bis native wife and family, also went in the ship ; that on his arrival two Taranaki chiefs went on board, with whom a negotiation was commenced for the purchase of their land in the Taranaki district which they entertained favourably, and described xhe land they would sell : that Barrett with his wife and family was landed at Taranaki with instructions to assemble all the natives, and to complete the bargain that had been begun : that Barrett remained on shore between two and three months, residing with the natives, talking over the intended purchase, and agreeing about the boundaries of the land, and -the

amount of the goods which the natives were to receive in exchange ; that during this time several meetings took place, at which the terms of the proposed sale were discussed ; that on the 31st January 1840, Mr. Dorset arrived in the Guide with the goods requisite for the purchase of the land ; and, that on the 15th of the following February, the deed of conveyance was signed by nearly all the resident natives, when the goods were landed and i distributed amongst them. On my arrival at Taranaki, I found a very marked disinclination on the part of natives to come forward and give evidence. The natives, parties to the deed, had been taunting each other who should speak first ; and, generally they evinced a great desire to find out who had signed the first. At the close of Richard Barrett's evidence, and when about three hundred natives were assembled, (I held my court out of doors to accommodate them) Mr. Clarke, at my request, explained to them that Barrett's evidence was about to be interpreted to tbem, in order to give them an opportunity of hearing what he had said about the purchase, and of asking him any questions they thought proper ; or, of giving themselves any evidence upon the transaction. Mr. Forsaith, my inteipreter, then translated to the natives the whole of Barrett's testimony ; they all listened with the greatest attention, and without offering any interruption, to the end, when a pause ensued, and only one native said — " a great deal of what Barrett said is right, some is not." As I still observed the same disinclination on the part of the natives to come forward, I addressed them as follows ; *— " The Governor has arranged, that your pas, cultivations, and burying places are to be reserved for you, and not hereafter to be taken away, except with your own consent. Besides the places I have named, one-tenth of all the land claimed by the Europeans will be reserved for you and your children ; so that there will be plenty of land for you all, as well as the Europeans. I think it right to make these observations to you before you give your evidence, and Mr. Clarke will give you every further explanation you may require." " I shall be ready at all times, so long as I remain in this neighbourhood to afford you every explanation and assistance in my power, whenever you may apply to me through Mr. Clarke : and, now my friends, let me earnestly request you to come forward, and state the whole truth about this transaction. Let not jealousy or interested motiees influence you in what you say ; but boldly speak the truth. A lie will not only subject you to the scorn and contempt of your fellow-men, but is most wicked and offensive in the sight of Almighty God." I then commenced the examination of the native witnesses, the party of three hundred still remaining, and appearing to take a deep interest in the proceedings, attentively watching each witness as he was examined, and listening to what he said. All the witnesses showed great reluctance to state anything about the transaction, and seemed afraid of offending some of their assembled countrymen ; in fact, I was obliged to drag out what information I did obtain, by putting repeated questions ; and an attentive perusal of all the native evidence adduced in support of the claim, will show an evident disinclination on the part of each witness to speak the whole truth. It is however a striking fact, and worthy of particular remark, that every native witness that was examined, who had been a party to the deed, did ultimately admit the fact of his having received a portion of the payment, and of having been aware at the time that the deed purported to convey land ; or that the goods were given in exchange for land. The evidence of Barrett as to the desertion of the Waitera, at the time of the arrival of the Guide, is confirmed by the testimony of all the natives ; and, whenever it has been stated that other parties, who were absent at the time of the sale, had rights or claims there, subsequent cross-examination has shewn that they had left the district for years, and had settled upon other locations, or were then slaves to the Waikato. All the ahsentees having been either frightened away, or taken captives by that conquering tribe. Barrett and the natives agree that forty was the outside of the number of natives living between Ngaraotu and the^ Taniwa, at the time of the purchase. Some of the natives deny that Barrett translated and explained the deed to them previously to its execution ; Barrett most positively affirms that he did both. Mr. Clarke's single witness was very positive in declaring that which had been denied in all the preceding evidence, namely, that he and the other natives had been at the Waitera four years ; but his testimony was evidently such mere prevarication and untruth, that no dependence can be placed upon the assertions of so wilful an inventor. His own statements

* Vtdt Enclosure.

prove that he was taken a slave to Waikato, who only released him upon the introduction of Christianity. Barrett being recalled, on the conclusion of the native evidence, positively asserts his belief that the natives fully understood the nature of the transaction, and the extent of the land they were conveying away ; knew what payment they were to receive, and were satisi fied with it ; having a promise from him of a case of double-barrelled guns, which Colonel j Wakefield declared he had always considered a condition of the sale, and was ready to fulfil. Awatea, the first native witness called, after admitting having authorised his mark being made to the deed, and stating that he did not remember whether the deed was read over and explained to him by Barrett, but remarking " perhaps it was," and that he understood it to be a deed to sell land, abruptly left the Court, and could not be induced to return. Pulci, the next witness, admits signing the deed, but did not hear it read ; was angry for a week about the sale, but afterwards consented. Upon being asked whether there were any natives living at the Waitera at the time of the sale to Barrett, he replied, " No, no natives were living there. Who was to live there for fear ?" and, upon being questioned, when did the natives then residing at Waitera first come to that place, replied, " not long ago ; some time last year." Mr. Clarke began to ask this man some questions ; but in consequence of his sullen manner, declined proceeding with his examination. John Ngamotu corroborates the statements of the first two native witnesses ; and after having been examined as to the people said to hare claims upon the district, who were absent at the time of the sale to Barrett, and stating that they were scattered about, some at Port Nicholson, Queen Charlotte's Sound, Kapiti, Waikanae, and Warekauri (Chatham Islands), and that they had been absent three, four, or five years ; is asked, " Did not the Waikato tribe drive these people away fiom this place ?" he answers, " they were defeated by the Waikato, but went away of their own accord." This witness further states, that he heard the boundaries exphvned by Mr. Barrett to the natives who went on board, and that forty was the number of the natives living at the place at the time of the sale to Barrett. Taitua admits making his mark to the deed ; denies that it was read over and explained to him by Barrett ; and states that he did not know it to be a deed conveying land ; and that he had not previously requested Barrett to purchase his land at that place. It was so evident to me that this witness (who professed .Christianity) was prevaricating grossly, that I felt it necessary to remind him of the solemn obligations of an oath. He afterwards admitted that he recollected that the goods which were landed from the Guide were given in payment for land ; and says he received a portion of them. But upon being asked if he knew that this payment to himself was for land, gives the following evasive reply: " When I saw the goods I did not think of anything else, but put them on my shoulders and walked away." He further states that there were no natives living at the Waitera at the time of the sale to Barrett ; that that was the second year since the arrival there of those then living at that place ; and that forty was the number of resident natives at the time of the sale. He is afterwards asked the following question : " Did you not say to Mr. Carrington that those goods" (alluding to the goods of which the witness had just before admitted the receipt) " were given in payment for the good land at Tehua ?" " Yes : it was a payment for the land ; but this man was away, and that man was away, and I alone received these payments." " Where were those people that you allude to?" " At Waikato and Kapiti." " How long had they been away ?" " After the taking of Pukerangiora, which took place nine years ago, they went away." " Between the taking of Pukerangiora and the arrival of the Guide with the goods, did they ever return to this place V* « No." — Taitua examined by ColonelWakefield. E Kaki admits taking hold of the pen to make his mark to the deed ; did not hear it read, but understood that it purported to convey away his right to land at that place, and that he had previously agreed to sell his land to Col. Wakefield. Recollected the arrival of the Guide; received certain goods which he says he knew were payment for his land ; that there were no natives living at the Waitera at the time of the sale, and that the natives first came to reside there not long since. He is then asked, " How many natives were residing at this place on the arrival of the Guide V " There were no natives at Taniwa. The only natives were those residing here : There were forty of us received payment."

j " Then, do you mean to say that all the re* sident natives consented to the sale ?" " Yes ; those were the men ; we forty."— E Kaki, examination by the Court. Upon his cross-examination by Mr. Clarke, this witness states that some of the natives who formerly resided upon the land, had lately come back from Kapiti tbat year ; William Kauwau, and some other men belonging to that place ; that it was their land, and that was the reason they came back ; but that their claims had not been acknowledged by the resident natives." He is then asked, "Do the resident natives consider that they have still any right to portions of this district ?" " Yes." — (Cross-examination by Mr. Clarke.) " Name those people and the portions they claim." "I do not know."— (By the Court.) The latter part of this witness' testimony shews a struggle on his part between an evident wish on the one hand to speak the truth as to the transaction with Barrett, and a desire on the other not to injure the claim of the returned natives who were present during his examination, anxiously watching his evidence. But when asked to name the people and the portions they claimed, he is compelled to say — " I do not know." Te Uia admits that he signed the deed ; but denies that he heard it read over or explained, or that he understood it was a deed conveying land. Says he thought it was a deed* to go to England that the gentlemeD there might know his name, in case he was killed by the Waikato. Recollects the arrival of the Guide, the landing of the goods, and his own receipt of a portion of them, which he enumerates. He is then asked, " What did you consider these goods were payment for ?" " This land." " Then you agreed to sell your land to Col. Wakefield through Mr. Barrett ?" " I did not agree, he brought the goods and took the land." " After you had taken payment for the land do you think it would be just and fair to claim it again ?" " Yes." — {Examination by the Court.) " For what lands were the goods you received payment ?" "No place in particular: It was a payment for land ; we did not make any particular agreement ; The goods were brought, I stretched out my hand and took them." " Did you hear Mr. Barrett mention any particular boundaries ?" "No." — (Cross-examinationbyMi .Clarke.) Mane admitted signing the deed, hearing it read over and explained to him by Richard Barrett, before he signed it ; and that he understood it purported to convey his right to land in that place to Colonel Wakefield. That he had previously agreed with Barrett to sell his land, and had given him his name to be written, and that he afterwards got his portion of the payment. He describes the land he sold as " commencing at the Sugar ' Loaves, and extending to Huatoki, Te Henui, Waiwakaiho, Te Hua, Puketapu and Waiongona. That was all he understood. He states also that at the time of the sale there were no men at Waitera. A great many of the resident natives did not consent ; some did consent. Did not know the names of those who did not consent. There were forty men living at the place at the time." He appeared confused about numbers, and said he did not know how to count them. He is then asked : "To whom did you consider the land between Waiongona and the Taniwa belonged ?" " The name of the tribe was Tanawa, and the name of the family Ngatirahi. The Manukorike division of Ngatiawa possessed Waitera. From Waitera to Waiongona belonged to the people generally." " Where were the people you say owned Taniwa and Waitera residing at the time of the sale ?" " At Kapiti and Waikato." " How long had they left this neighbourhood, and what was the cause of their going?" " I don't know how many years it is — the cause was their being defeated by the Waikato." " Did they return to either of these places before the sale ?" " No, they have just come." ; " Were you satisfied with the payment you got for your lands?" " Yes."— (Examination by the Court.) Upon his cross-examination by Mr. Clarke this witness says, " that be did not perfectly understand the boundaries described by Barrett ; the natives did not consent to those boundaries. Their consent was in the expectation of a large payment. When they went on board and saw the things, there were i no double-barrelled guns, they were dissatisi fied. When they received the goods they did not perfectly consent to the boundaries of the

• See Barrett's eyplan^tiOTi , of the Deed to the Natives. Quotation from Barrett's evidence, supra p. 12, '

land; they did not generally consent at ihat- time- -to* dispose- of the land north of Waiong9na."~ (Cross-examination by Mr. Colonel Wakefield having informed me at fhisipoint that it was not his: intention to call any mojre witnesses,, or to offer' any further fcropf in support of either of the purchases, I addressed Mr. Clarke, telling him that the time 1 had arrived for 1 him to call any evidence he tad to, offer on the part' of the natives upon \he !caae ? before me ; and that if he required time; l, woujd( adjourn th,e Gpnrt to afford him thne£ to> be prepared;. - Mr. 'Clarke- requested an adjournment until the next morning, stating that he should then be fully prepared, and I adjourned the Court accordingly. > The< next morning Mr. Clarke called WaRao; a Christian- native* and althongh I have already commented generally upon his evidence, yet I now feel it necessary to quote from it largely, in order tp sber/ the gross . prevarication and the constant positive contradictions- of this witness, which rendered his testimony, in my opinion* totally unworthy of He slated, that " he usually resided at the "Waiter* ; that be had a claim to that district conjointly with the Ngatiawa, which was derived from their ancestor, who owned the place aJong time ago, Te Mac Wakutara, through whom all the Ngatiawa derived their claim to the Waiters. That the boundaries of the land belonging to each family and each individual of the trine are distinctly laid down ; that the elder brother's is marked, the younger brother's is marked — each man's is marked." That the boundaries were so laid down a long time ago, in that other generation which has passed away. Tbat as the claimants were successively born, their claims were marked ; that these boundaries are described (ascertained) by marks and stones ; and that he saw them as soon as he could distinguish things. The Ngatiawa tribe, he states, left that district twenty years ago, and went cf their own accord. That they had been gone some time before Pukerangiora was taken. Some remained. They did not leave because they were afraid of the incursions of the Waikato tribe. They went of their own accord. They had previously sustained a defeat from the Waikato. He is then asked the following questions : " Had not those who were left at Pukerangiora been defeated by the Waikato ; and did they not leave in consequence ?" " Yes, they were defeated ; but that was not the cause why they went away. They were (had been) four years at Kapiti when that defeat took place." " Who do you mean were four years at Kapiti when Pukerangiora was taken?" He then mentions several native names. "What became of those natives who escaped at Pukerangiora ?" " The women and the children were taken, but the young and the brave escaped, and ran into the bush." " When your tribe left, was it their intention to relinquish altogether their claims at Waitera ?" "Nq." "When did you return to Waitera from the South?" " This is the'fourth year." "Did you cultivate any land theTe after your return ?" •• Yes, I cultivated at Waitera." He says that when they were "at Waikato the report reached them that Ngamotu had been paid for by R. Barrett ; that be, witness, never received any portion of the goods given to the natives by Mr. Barrett as payment for the land, npr have any natives from Waikanae returned to Waitera since his arrival." — {Examination in chief by Mr. Clarke.} On his cross-examination by Colonel Wakefield, he says that "He was at the fight at Pukerangiora ; that some men were killed and some were saved." He is then asked, " Were any men taken prisoners ?" « No." . " What, took .you to Waikato?" — CCross^ examination by Colonel Wakejteld.) Tfre witness here' evidently wished to avoid answering the question ; I reminded him of the. solemn obligation of an oath, and asked him "it he was taken there as a slave 1" To which he reluctantly replied " yes." Colonel Wakefield then ask,ed, " were, not those people who returned .with you to this place also slaves to the Waikato people ?" "When you [were taken, prisoner did sot yon forfeit you* right to lands, according to native^cuatom V , "so,.]T/4o notfcse my right to land." " Did- not the waikato gi*« you your free* dom ; ajd ,TWrp, ypja fjlpwgd to ta£e possesaession of the iand here again V ' l J ''t' i ML* y tt(QrmT'ifcf^tii9fi fa Qtlonel -I 4hen examined this witness as follows: '"Ton hivb statfe>ttlai gfp and otfceri re, t«ned fjroa o fotki? place. On your

arrival here did you not find the Europeans already settled here ?" " No." This answer is a most palpable falsehood: Every other native witness examined having distinctly proved that those natives, returned long after the purchase, and the arrival of the Europeans. j " Have yon cultivated land on the Waitera t " Yes : I cultivated land there which has since been sown with wheat by the Euro- I peans." " When you got your freedom from the Waikato, was it not in consequence of the introduction of Christianity amongst them, which taught them not to retain slaves?" " Yes, it was because they believed." " Before you got your freedom, were you not aware that those Waikato chiefs had sold this very lapd to Captain Hobson on behalf of her Majesty V " No." " Will you positively swear that you never beard that Te Whero Whero had sold this place to the Governor ?" " Yes, I will." — (Examination by the Court.) I am induced to discredit both the* c last answers. My experience in native customs has convinced me that scarcely any subject that engages the minds of the New Zealanders, causes so much excitemeut, so many koreros, and so much interest as the sale of land ; which would be naturally increased when the land disposed of was a conquered country. It appears, therefore, to me highly probable that this witness was acquainted with tins sale. This witness further added, that he cultivated land at the Waitera before he was taken prisoner. Mr. Clarke then said he had no more witness to call. I then called on Mr. Clarke to explain to the natives publicly that every opportunity had been afforded him by the Court of bringing forward evidence on their behalf, and that he had no more witnesses to call ; but that the Court was ready to hear anything the natives had to say. Mr. Clarke explained this to the natives as follows : "My friends, hear my very sh«rt speech. You are all aware of the purpose for which I came to this place, namely to represent your claims, and declare your thoughts to the Commissioner, and to see that all the necessary evidence is adduced. " The Commissioner has given me every opportunity of calling such witnesses as I might deem necessary ; but I have called only one whose testimony you have just heard — because I think none of you have anything to advamce which has not already been stated before Mr. Spain. A.m I right when I say you have nothing more to tell?" (several of them answered ' yes, yes ; that is all we have to say.') Mr. Spain now adjourns his Court until Saturday morning; all the necessary evidence ha» been taken, and he wishes to have sufficient time to consider it calmly and quietly before he sees you again, that there may be no mistake. Return to your homes, and assemble here again on Saturday morning, at the same time that you assembled this morning, in order that you may hear Mr. Spain's judgment." On the following Saturday I delivered my judgment, to which I would call your Excellency's particular attention,* as showing that every possible care was taken therein to avoid unnecessary excitement amongst the natives, and that every human effort was made on my part, consistently with the circumstances of the case, to preserve a good understanding between the two races. It appears from the evidence that — pending the negotiation for the purchase — the natives pressed Barrett for some double-barrel-led guns ; but finding that there were none on board the vessel, they at length accspttd the offered payment without them, and executed the deed. Barrett still, however, promised that, at some future period, be would procure them a case of double-barrelled guns. I considered it unsafe at the time to give them the guns, or tbeir value, in consequence of their position with the Waikato, which is fully explained in a subsequent part of this report. Under these circumstances, I called upon the Principal Agent of the Company to place at my disposal such a sum of money as I might value the guns at, to be disposed of as your Excellency might decide for the benefit of the na,tiyes ; with which request he immediately complied, as will appear by his letter on this subject, a copy of which is herewith enclosed.^ I valued the case of guns at £200, and in my despatch (under date the 12th June 1844) before referred to, I had the honor to recommend to your Excellency the manner in which, in my opinion* that sum might be dis- • Vffle Copy of Commiasioner'B judgment, p. 2, Minute* of Proceedings at New Plymouth, encloftire No. 3. ' tNo. 5, Principal Agent to Commissioner, 3d June 1844. ,

posed of most advantageously for the benefit of the natives. I have not seen any land claimed by the Company that can be spared from the aborigines, so little interfering with, or likely to injure, their interests, as the block in question. By the enclosed return from the resident Agent* of the New Zealand Company, your Excellency will observe that the natives had then only 121 acres in cultivation in the whole block of 10,000 acres, many of which were commenced long after the sale, yet in order to avoid, as far as possible, the cause of any misunderstanding between the two races, I have carefully reserved all these cultivations, their pas, and burying-grounds, in addition to the 6,000 acres to which they are entitled as native reserves. Ample provision has thus been made for the natives in the reservation of land, more than sufficient for their wants. The block originally claimed by the New Zealand Company was two miles more in length, and two miles more in breadth, than that shown in the plan forming Enclosure No. 9of this Report ; and was thus reduced by the Principal Agent of the New Zealand Company after our arrival at New Plymouth, — leaving another immense block of the very best and most available land immediately adjoining that of the Company, for the natives. This map will show your Excellency where the native reserves in the suburban sections have been chosen ; none, however, have been made for them in the rural sections, although 159 out of the 500 sections have been already selected by the Company's purchasers ; owing to the absence of any authorised agent to select for the natives. As this might probably inflict an injustice on the natives by depriving them of their one choice in ten, I addressed the resident Agent-j-on the subject, in a letter, of which I inclose a copy. The condition I have therein insisted upon with regard to the future selection of unchosen native reserves, will form a part of my present award. The Principal Agent having communicated to me that he was ready in any case where I might consider it expedient to make a further payment to the natives, although not strictly legally or equitably due to them, I inquired of Mr. Clarke before entering upon the case, and several times after its commencement, whether be considered it would be expedient to offer any further payment to the claimants: But he invariably stated to me that this could not be done with safety ; that he had not the slightest chance of inducing the natives to accept a composition, and that if they received any further payment, the Waikato would come down upon then and take it away ; which would in all probability lead to a fight between them. I also heard from several authentic sources, that the Waikato looking upon these people as slaves, were continually threatening to come to Taranaki, aria* take them back into a state of slavery. Had it appeared expedient, I might have recommended, as a matter of policy only, but certainly not according to the evidence, as a matter of right, that sjme payment should be made to the natives, as an act of grace on the part of the Company, calculated to asssist in procuring a good understanding between the two races ; but under the circumstances, and with the probable consequences so apparent, I feel it would have been unwise, inexpedient, and justly censurable, to have pursued such a couise. If such an offer had been made, even by way of gratuity, I am satisfied, from the evident spirit manifested by all the aborigines I had seen since my arrival, that it would have been refused, and construed into an admission on my part that they had not sold their land, — besides rendering them still more determined to withhold the land from the Europeans. If, on the contrary, any such payment had been accepted by those who were then present, hundreds of other claimants would have soon sprung up from among the members of the same tribe, whom I have before described as now residing at Port Nicholson, Waikanae, and the other places ; while there would have i been a strong probability of an attack from the Waikato. Under these circumstances, it appeared to me to be a case where my duty pointed out the necessity of deciding whether there had been a purchase or not ; and finding considerable anxiety, manifested alike by the European and native population, to learn the result of my investigation ; and feeling that any further delay would not only prove injurious to both races, but was also calculated to keep alive and prolong feelings of animosity between them, — I gave my judgment on the case; but wherein I have most carefully

* No. 6, Resident Agent to Commissioner, 13th June 1844, enclosiog Return. f No. 7, Copy Letter from Commissioner to Resident Agent of New Zealand Company respecting choice of Native Reserve*, 13th June 1844.

j explained that the same was snbject to confirmation by your Excellency, and could not be 1 carried into effect without your approval. I felt that ray decision being against the Maories, it was much better that when it was first made known to them, there should be some officer of Government on the spot, to explain fully to both races the reservations of the pas, cultivations, and burying-grounds, as well as of one-tenth of the block for the benefit of the aborigines ; and it also afforded me an opportunity of offering a few words of advice to both Europeans and natives. It further occurred to me that it would be more expedient that any disappointment experienced by the natives at the first decision against them, should be visited upon me a3 the officer appointed for this special duty, rather than expose your Excellency to the chance of sharing it ; which would in all probability have been the case had my decision been first made known to them after it had been submitted to, and approved by, your Excellency. It will thus appear that while exercising a power which I then believed (and I still retain the same opinion) was vested in me by virtue of the commission I have the honor to hold from Her Majesty,— " To investigate and determine titles and claims to land in New Zealand," — I gave the fullest public notice at the time, that a Crown grant would not issue until your Excellency had approved my decision ; and that I adopted on that occasion language which I thought best calculated to convey the respect and deference due from every officer holding her Majesty's commission to the head of the colonial government. I think I have also shewn that the circumstances and existing state of feelings between the two races at Taranaki, in every way justified the step I took, as a matter of expediency. Had I, however, for one moment entertained any doubt as to the powers vested in me, or of the way in which your Excellency wished me to exercise them, a reference to your Excellency's speeches delivered at Waikanae and Port Nicholson, in the presence of large numbers of Europeans and natives, would have immediately decided the course that I ought to follow. In the report of your Excellency's speech at Waikanae, published in the Wellington Spectator of the 2nd March 1844, as an official narrative (I hold the manuscript corrected by your Excellency, with your authority for its publication), I find the following passage, on your introducing me to the assembled natives :—: — " You may place implicit confidence in the fairness and impartiality with which Mr. Spain will investigate asserted claims to land, and decide upon the nature of alleged purchases. He will also have authority to inquire into cases where it may be necessary to make arrangements for a further payment as compensation where it is fairly due." In the report of your Excellency's speech to the natives of Te Aro, at Wellington, published in the same paper, on the 6th March (with the like authority, and with the same correction), I find the following passage :—: — " Mr. Spain, having the Queen's confidence, came out here to settle these difficulties which have troubled us so long. Mr. Spain has also my approval for the extreme impartiality and faithfulness with which he has gone into all those difficulties ; and he has my confidence in the impartiality of his future proceedings." Again, in another part of the same speech is the following passage :—: — " The Commissioner, I repeat it, for there are some now in the room who were not here when I mentioned it before, is the officer appointed by the Queen, to inquire into and decide finally upon all these questions. Some one must decide finally, and all who know him, know and believe, as I do, that he will do his best to decide faithfully and impartially for all. No man can do more." I have thus not only your Excellency's authority, declaring that I did possess the power of deciding finally, but the utmost publicity given by your Excellency to both races, of my real position : Thus rendering it doubly imperative upon me to pronounce my decisions publicly upon the close of each case. It was with considerable surprise, that when at Nelson in August last, I received the first intimation of your Excellency's disallowance of my decision at Taranaki, from the Principal Agent to the Company, who showed me a letter which, from its tenor and superscription, he had no doubt was dictated by your Excellency — but bearing no signaturein which your Excellency informed Colonel Wakefield, that " it was not your intention to comply with my recommendation regarding the New Zealand Company's purchase of land at Taranaki; and that you should cause a' further investigation to be made as soon as bossible ;" — also stating that " a large numper of natives would be tet aside by me (namely, those who were absent, or in capti- : vity at the time their land* were laid to have

"been sold), whose claims you felt bound to recognize and maintain." By the same post I had the honor to receive a letter from your Excellency, requesting " me" to meet you at Tarauaki on the Ist October then following, and to have with me the evidence taken at. my Court in June last-;" but wholly silent as to the fact of your Excellency having reversed my decision. When your Excellency was pleased to disallow my judgment at Taranaki, I was in possession of all the depositions of both natives and Europeans, that had been taken in the case, from its commencement on the 16th June 1842, to its close on the 7th of June 3844. During that period I had been engaged in investigating the other cases of the New Zealand Company ; had examined many witnesses of both races, and obtained various information ujpon native customs, and the claims of the tribes in and the Company's settlements, — many of which bore expressly upon the Taranaki question. .Nevertheless, without having had the opportunity of seeing a line of the evidence, without consulting me upon the reasons for my decisions, or even intimating to me your intention, your Excellency was pleased to reverse my judgment — notwithstanding your Excellency's public declaration, of, but a few months before, that I was the officer appointed by the Quepn, to enquire into and decide finally upon all these questions. Your Excellency has not been pleased to inform me what testimony or information obtained at Taranaki or elsewhere, induced your Excellency so suddenly to impugn and disallow my judgment. But I cannot forbear remarking that any such testimony or information must have been collected in the absence •of three persons whose presence was most necessary on such an occasion, — namely, Mr. Protector Clarke — who for three years had been engaged in ray Court as the official advocate of the natives, the Principal Agent of the New Zealand Company, who, during the same period had been occupied in supporting the claims of that body to land in this country, — and myself, the Commissioner appointed to determine those claims who had presided at their investigation. Their presence, requisite at all times when any enquiry was to be made into any of these claims, was more than ever essential at any reconsideration of a case where your Excellency was about to reverse the decision, arrived at after a long and careful investigation by a duly constituted tribunal. Had Mr. Clarke (whose zeal in advocating ihe interests of the aborigines cannot be questioned for a mement) entertained the idea that the returned slaves had any just or equitable claim to the land, he surely ought to have brought forward such claim, and urged its recognition ; but his speech to the natives on the close of the evidence, wherein he has expressed himself in strong terms, to the effect that I had afforded him every opportunity of bringing forward evidence on the part of the natives, affords abundant proof that Mr. Clarke held no such doctrine. Mr. Thomas Spencer Forsaith acted on this occasion as ray interpreter, and in travelling with me from Wellington to Taranaki, more than once before my arrival there, expressed an opinion that I should not be able to settle the Taranaki question. I then reminded him that it was improper to form any opinion upon the case before he had heard the evidence,and told him that it was reprehensible in an officer of my Court, especially one holding as he did, the important and almost sacred office of interpreter, to express any such opinion. On my arrival at Taranaki, however, I found that my caution to Mr. Forsaith was utterly disregarded. Before the Court was opened he expressed precisely the same opinion iv the .presence of Captain King, the Police Magistrate, my Secretary, and myself, when I felt it necessary seriously to call his attention to the impropriety of such conduct; telling him that the expression of such opinions by an officer of my Court becoming known to the parties interested, must of necessity lead to the inference that the question bad been prejudged ; and that I was about to enter upon the case with a prejudice against the claims of the New Zealand Company. I therefore requested him to confine hira•elf to his duty as Interpreter, and not to interfere with the duties of the Protector, which were totally distinct and separate from bis. I may here remark that I had previously experienced the inconvenience of having the two offices of Protector and Interpreter combined in the same person ; and therefore on that occasion when attended by Mr. Clarke as Protector of Aborigines, I was the more aijxious to Confine Mr. Forsaith to his single office of Interpreter. This, however, I found difficult to accomplish ; for, during the sittings of my .Court, I had occasion in consequence of his uncalled for interference, to request Mr. Fors«iih,jjuiilicly to confine himself to his duty •« luWpretw; while the Principal Agent of

the Company publicly accused him of misinterpretation. After my judgment, Mr. Forsaith was the first to express to others his opinion of the injustice of my decision ; and as he was then in constant communication with the natives, 1 could hardly anticipate their being satisfied, when they found one of my officers of this opinion. The only other point that it appears to me necessary to comment upon, is what appears in your Excellency's letter to Col. Wakefie!d, as the ground upon which your Excellency refused to confirm my decision, viz., — That a large number of natives would be set aside by me, (namely, those who were absent or in captivity at the time their lands were said to be sold";) whose claims your Excellency was bound to recognise and maintain. Now the evidence clearly establishes that when Richard Barrett purchased of the resident natives the block of land that I have awarded, as before so fully detailed and commented v upon, none of these absentees or slaves were residing upon the land in question. The absentees who were driven away by the Waikato at the battle of Pukerangiora, which took place ten or eleven years ago, had utterly deserted the place, to which they durst not return for fear of their conquerers, but had adopted other locations for their homes; while the slaves who had been taken prisoners of war at the same battle, were many of them living in a state of slavery with their conquerors at Waikato, at the time when the district was alienated by the resident natives. "The report (says Mr. Clarke's witness) reached us at Waikato that Ngamotu had been paid for by Richard Barrett."* Neither the absentees or slaves returned again to the district until after the sale by the resident natives to Barrett, and by the Waikato to Governor Hobson. The question then which your Excellency has raised, turns upon whether slaves taken in war, and natives driven away, and prevented by fear of their conquerors, from returning, forfeit their claims to land owned by them previously to such conquest. And I must unhesitatingly affirm that all the information that I have been able to collect as to native customs, throughout the length and breadth of this land, has led me to believe and declare the forfeiture of such right Iby aborigines so situated ; in fact I have always understood that this was a native custom fully established and recognized ; and I never recollect to have heard it questioned until your Excellency was pleased in the present instance to put forward a contrary doctrine, Since that time I have made every further enquiry in my power amongst competent and disinterested persons, whose testimony has full confirmed ray original opinion. I inclose a copy of a letter upon this subject received from the Rev. Mr. Ironside,f a Wesleyan Missionary, who has been many years residing in New Zealand, and is well acquainted with the Taranaki natives, and whose opinion is entitled to weight. I am fully of opinion that the admission of the right of slaves who had been absent for a i long period of years, to return at any time, and claim their right to land that had belonged to them previously to their being taken prisoners of war, and which before their return, and while they were in slavery, had been sold by the conquerors and resident natives to third parties, would establish a most dangerous doctrine, calculated to throw doubts upon almost every European title to land in this country, not even excepting some of the purchases made by the Crown ; would constantly expose every title to be questioned by any returned slave who might assert a former right to the land, let the period be ever so remote ; and would prove a source of endless litigation and disagreement between the two races, a result which must soon stop the progress of civilisation amongst the natives, so essential to their amelioration. Let it be remembered that in my award to the Company I have excepted all the pas, cultivations, and burying grounds of the natives ; and that they have also 6000 acres of native reserves ; so that in fact their condition is in every way benefited, and they are not deprived of any land whatever that their wants require, while the Company acquire only waste lands. It will always be a source to me of deep regret that I have had the misfortune to differ with your Excellency upon this very important case. Considering, however, the high trust reposed in me when I was charged by my Sovereign with such an important commission in this distant land, admitting at the same time the difficulties and perplexities which have met me at every step in its execution, and with the most sincere desire to perform my duty honestly and justly, and with a due regard to the oath I have taken so to do, I can ♦ Vide ante p. 49, quotation from evidence of Watae, examination by Mr. Clarke. No. 8. Rev. S. Ironside to Commissioner, 30th October, 1844.

1 come to no other conclusion than that the Company is fairly and justly entitled to the whole block of sixty thousand acres of land ; and, therefore, I, William Spain, her Majesty's Commissioner for investigating and determining titles and claims to land in New Zealand, do hereby determine and award, that upon payment by the New Zealand Company of the sum of two hundred pounds sterling, to his Excellency the Governor of New Zealand, to be applied for the benefit of the resident natives of the district of New Plymouth, in any 'way his Excellency may think best calculated to promote their interests, the Directors of the New Zealand Company, of London, and their successors, are entitled to a Crown grant of a block of sixty thousand (60,000) acres of land, situate, lying, and being in the district or settlement of New Plymouth, or Taranaki, in the northern division of New Zealand : Which said block of land commences on the north side of the Sugar Loaf Islands, and extends in a northerly direction to a place called Taniwa, and which said block of land is more particularly delineated and set forth upon the accompanying plan, No. 9*. Saving and always excepting, as follows : — fAll the pas, burying places, ar»d grounds actually in cultivation by the natives, situate within any part of the before described block of land hereby awarded to the New Zealand Corapa- ! Ny, as aforesaid, .the limits of the pas to be the ground fenced in around their native houses, including the ground in cultivation or occupation around the adjoining houses, | without the fence, and cultivations as those tracts of couatry which are now used by the natives for vegetable productions, or which have been so used by the aboriginal natives of New Zealand since the establishment of the colony. And also excepting all the native reserves, equal to one-tenth of the sixty thousand acres hereby awarded to the said Company, part of which said native reserves have already been chosen, and are marked yellow upon the said plan of the district hereinbefore referred to, and the remainder of such reserves are to be chosen according to the rate of one choice in ten, as fully explained to the resident Agent of the New Zealand Company in my letter to him under date the 13th of June, 1844, forming enclosure No. 7 of this report : A.nd also excepting all that piece of laud containing one hundred acres reserved by the natives at the time of sale to the New Zealand Company, for the Wesleyan Mission Station,which said piece of land is delineated and set forth upon the said plan of the district, and also upon the plan herewith enclosed No. 10 : And also excepting all that piece of land containing eighty acres, and all that piece of land containing one hundred acres, being sections 23 and 37, which have - been reserved for Richard Barrett, his wife, and children, which said two pieces of land are delineated and set forth upon the said plan of the district, and also upon the planj herewith enclosed, No. 11 : And also excepting any portions of land within any part of the block of land hereinbefore described, and hereby awarded to the said Company, to which private claimants have already, or may hereafter prove before the Commissioner of Land Claims a title prior to the purchase by the New Zealand Company. And I further determine and award that the Wesleyan Missionary Society is entitled to a Crown grant of the said piece of land hereinbefore described, containing one hundred acres. And I further determine and award that the said Richard Barrett, his wife, and children, are entitled to a Crown grant of the said two pieces of land hereinbefore described, containing together one hundred and eighty acres ; and 1 recommend that such grant should be made to the trustees of native reserves, in trust for the said Richard Barrett, his wife, and children. I have the honor to be, Sir, Your Excellency's Most obedient servant, William Spain, Commissioner. His Excellency The Governor, &c, &c, &c. * No. 9, Plan of block. t This is the exception agreed upon at Major Richmond's on Monday, 29th January, 1844: Copy of minutes of which reference forms enclosure No. 1, in final report on case No. 374. X No. 11, Plan of a reserve for Richard Bar- | rett's wife and children.