MAORILAND REMINISCENCES.

NZ Truth, Issue 74, 17 November 1906, Page 7

MAORILAND REMINISCENCES.

, EARTH HUNGER.

Government as a Land Grabber.

DONALD McLEAN.

(Br J.M.F.)

The i settlement' Vl '-the' returned Ngatiawa was completed -according" to 'ail' Maori customs and usages. Meetings of the tribes had given full sanction .to it. l .;In apprehension that the powerful Ngatimaniapotos would make a raid upon the returned tribe, it was decided that Te Rangitake and others should reside on tho.soutn bank of the river

FOR MUTUAL PROTECTION. This was the evidence given by Tcira, who had returned to the Waifcara, under Te R»ngitake's guidance, i'eira "was one of those who thus resided, and it was through his procured agency that a future Governor plunged his countrymen into a disastrous war!" Governor Grey offered no resistance to the return of the tribe, and m none of his published despatches was it indicated that »n his opinion, ociii.. : the) o^ijiiW'. of ; Donald McLean, Tußan"git*ye committed any wrong by bis mode of settlement; McLeau considered Te Rangitake's.rTeturn an act of defiance, to which tho sanction of the Governor had boc-n given. 'To understand the causes of the war of 1860, into which Governor Browne plunged headlong, every step with regard to the :■••."'■ WAITARA LAND must be followed carefaJlyV One- historian, who has devoted raitch''to«ietothe research, 1 and-has : given mueFtho'iigbt'tb' the subject;, says that Donald McLean's .-positfbn Was 1 absurd. He asserted ih^t'^lio Ngatja^a tHbe had merged into th^'df^h^oonquei-ihg^Wai-kalos, and whoh eonfri/nfcell with tho written opiyion of Clairko,- tho projector m 1843, "that the principal right; to "llie ltftfd Jfl' the Taranaki district ws^ vesj&d ill- th| original iniuib'icauls," ho'^odld only reJ>ly, ;> "Mr: Clarke's views are not .materially different from mine. He, m the' first instance, recognised the Waikato right of conquest."

This is what Clarka wrote: "Again, the titles of the tribes about Port Nicholson (Wellington) cannot be wholly extinct, if they have kept up a friendly intercourse with, the residents. A tribe never ceases to maintain their title to the lands, of their fathers^ ndr could a purchase be complete and valid without the consent of the original proprietors. Possession of land for even a -number of years does not give a right to alienate' such property to Europeans without the consent of the original donors- of the land ; but it may be considered m the possession of the descendants of the grantee' of the latest generation." Asserting that these views did not differ materially from his ownj"Mrr McLean connived at a war, based upon an utter disregard of them." McLean had : been employed m 1844 m Taranaki, by Governor Fitzroy, and having then reported the con-, tcntment produced by Fitzroy's recognition' Of . >■;>'■:-

THE RIGHTS OF ABSENTEES^ - ' with which McLean concurred, the latter had no excuse for tho breach of faith;.. which: no was willing to commit m 1848, and which he supported m 1859.' ... ■••<; ..-.,

Just here we may allow ourselves. a little; latitude and surmise. Sir George Grey was,; m after-life, at any rate, adored . ;by ■ tjie> (Maoris, but at the time of the return ,. of T&\ Bangitake and his tribe to; the Waitara, it may be asked bow he could expect to main-, tain his reputation fpr good faith juriongst the Maoris. He had seized Itauparalia.; and be had plotted to prevent the return of Te Bangitake. But his despatch suggesting the destruction of the Ngatiawa canoes was nob published until 1860, nor was it knowc that to counteract the influence of Te Rangitake lie" endeavoured to create a counter force bj establishing a military colony at Taranaki. Tho acquisition of the land for British SETTLEMENT WAS GREY'S FIRST OBJECT. .One writer says:— "Moreover he exercised .winning arts m his intercourse _ with the chiefs. Travellers observed tho confidence with which he trusted himself amongst them, and the facility, ■with which he adapted their modes of speech." While he had his eye constantly upon the SETTLEMENT OF THE BRITISH IN NEW ZEALAND, Sir George Grey still held his personal grip upon the Maoris. He discontinued 'tho native protectorate, and appointed a native secretary; Wtwn he was invested with the Star of the Order of the Bath, at Auckland, he selected Waka Nene and Te Puni to be his esquires er conductors. They m their turn recognised * s a leader of men one whom they found sagacious m counsel and daring m the field, though if Te Puni had known of the plot, to cestroj his canoes ha might not have been so confident. Grey's influence, m England enabled him to gain favor for his Maori friends. Two chiefs To Warn and KahaWai wrote to Queen Victoria, m 1849, from Wai-. kato, Rangiaohia* Thej said, "0 Madam, tho Queen, wo salute you. We return our thanks to you for your letter, m which yot* toll us that the '

-AND SHALL NOT BE TAKEN AWAY, tut that the treaty of Waitanga shall be Btrictly abided by." They explained thafc they : were grateful for the introduction of Christianity, and for the customs of the white men. They also expressed the deep obligations under which they lay -to the Governor. ■■ They told also that -though poor they had after a year's labor built a waterwell, and at their own : expense, and Sir George Grey had generously given them a plough! The letter concluded "O, the Queen, wo regard you with affection, because we have nothing to give you; because we, the Maoris, are a poor people; but we wish that you should see. and eat of the flour grown at Eangiaohia; find not fault with what we r> lid, whether much or little; it is litfcje m the presence of the Queen of England; we have nothing else except this flour to give you. Be graciously pleased with our present that our hearts may be glad. The schools for our children are very good** (tfaey were part price of the lands) "and -we will' all beeorac civilised, and we fear lest ml should be increased m our islands."

This latter was m allusion to a project for ■ending convicts to New Zealand. The system of tho transportation of criminals was dreaded m New Zealand both by the colonists and by the natives. More than 300 Maoris at Cook's Straits thus addressed the Queen, m 1849. •O Lady, 0 Queen,— "A. rumour has reached us that exiles or prisoners are about to be sent hither. . ' . • We earnestly supplicate that prisoners may got be allowed to come here. << . We have feng Bine© heard of tho evil propensities of that class of man from those of the white people here, who are our friends, an well as from the testimony of those of our countrymen, who bar* visit«d Port JacSrj»a and Ho- i bar! Town." * • * Throe hundred and seventy six chiefs near j Auckland, sent their prayers to the Queen. 0 Lady,— "Salutations to you, . . Behold we have h«ard that a letter has been received from one of your councillors, from Earl Gray, dater the 3rd 'of August 1848, proposing to allow exiles to live m this island. Behold we say not Jet. this be done ! Do not depart from tho agreement first made that this j country shonid be settled by your people. It wan then pronounced that thieves and such people should not be conveyed hither. Let j ibis be adhered to as well as all our lawi. O, Lady! we shall bo perplexed if tfa* eoa-

victs are allowed to come here. Abandon the thought. Rather let gentlemen, men of peaceful life come here. We like such men." To do him bare justice, Grey Was opposed to tho introduction of the convict element. If the lands were to be settled upon by the British, let the settlers be, at any rate, morally clean.

New Zealand was spared the convict curse, Earl Grey backed down and sent his "broadarrowed" subjects m other directions.

We have lost sight of Mr. Donald McLean for some time. He wag m occupation of an office, which brought him closely m contact with the Maoris, while acting m the interest of English settlers, present and to come; that of Chief Commissioner for Land Purchnses, that m the purchase of land from the natives for English settlement. It was now decided that be should become

NATIVE SECRETARY; that he should submit the business of the department to one of the Ministers, that he should be removable only with, the Governor's sanction, and should have access to the Governor, with whom was to rest the final decision. "It was not likely that the Maoris would remain ignorant of these arrangements. The chiefs, who were alert with regard to the House of Commons report m 1884-, watched attentively: the machinations at their, door."

• Governor Grey relied upon Donald McLean, who assured him that without jdoubt the Ministry would make provision for "carrying out measures for the amelioration of the native race." £7000 was on the Civil List for education. Fox m a short term of office wished to reduce this to £1100. Grey would not consent. Nearly one-half of the Customs Revenue m 1856 was contributed by tbe Maoris— sl,ooo— and the 6ale of lands yielded £50,000 more. Out of this £101,000, a paltry £1100 was offered for education purposes. Grey, however, Was firm, and Maori lands and Maori interests were so far safe m his hands. In a despatch, dated 10th December, 1856, Mr. Secretary, Labouchere said : "Notwithstanding all the respect due to the principle of

RESPONSIBLE GOVERNMENT, the management of native affairs should remain for the present mainly in 'the hands of a Governor responsible for it to the Crown." . :

Responsible j Government and representative institutions Were now the law m New Zealand, ariVJ many of the leading colonists were jealous of any attempt on the part of, the Maoris to share m the elections; Dr; Featherstone,' Superintendent at Wellington, reported m November, 1856, that thirtyfive Maoris were on the. electoral roll, and that ifc was solely owing to the prudence of the bearer (of the letter) "that forty-nine native claimants, at Otaki had not been registered. The attempt of the Maoris (or, as was insinuated, of certain missionaries) to influence electors had excited considerable indignation throughout the province, and would occasion serious disturbance if the plot be not at once crushed by the Government."- Dr. Featherstone suggested that the Government should so alter the electoral regulations as to defeat the scheme. / : '. ', \.. '

. . »■ . . ..#■......# THE LAND TROUBLES were rife m 1856. Early m the year the Governor appointed a board to inquire into the land question. But neither the Governor nor his" advisers ascr'be any importance to the King movement, now taking shape, or to the land sales prohibition league. The Governor desired to know whether a Maori selling land "could not be made to a degree answerable for subsequent claims?" Of Major Nugent, who sat on the board, Colonel Browne reported that "it is not | easy to overrate his ability and knowledge of native affairs.'!.' Under those circumstances it was a blunder to make Mr. Charles Whybrow Ligar, . the Surveyor-General, chairman of the board, for m no way was he conspicuous. When he got a chance he d.eserted< New Zealand and took the wellpaid billet of Surveyor-General m Victoria. The. board took evidence from Donald McLean, Bishop Selwyn, Mr. Whiteley (the Methodist minister who was shot by Maoris at White Rock), and many others. Tamati Ngapora, the future councillor of the Maori King, was examined. The report of the board was that: "Generally there is no such thing an as individual claim, clear and independent of the tribal rights ;" that "each native has a right m common witE the whole , tribe over the disposal of

THE LAND OP THE TRIBE, and that the chiefs exercise an influence m the disposal of the land, but have only an individual claim like the rest of the people to particular portions." On this head there was ..little or no difference among the witnesses, 1 several of/ , Whom were .Maoris* Bare instances to the contrary, says the historian, were mentioned by one or two persons. The superintendent' of Taranaki, Mr. Brown, said, "I 'do not think that any native has a clear individual title to land m the Northern Island." Mr. Whiteley, after twenty years' residence; was equally positive. "No native has anything more than a right to individual occupation and cultivation, or locating a horse on the land. If a sale is to be effected the sanction of the tribe is required." Eiwai-te-aku said: "I consider there is no individual claim. They are all entangled or matted together— the children of our common ancestor claiming the land bequeathed to them." The board discovered also that as land was heritable m the female as well as m the male line, intermarriages between members of different tribes caused an involvement of titles m two tribes which it was highly dangerous to endeayour to dispose, of by any rash purchase. • ; •

The Report was laid upon .the table o the House of Representatives, and was alsc Bent to England. * # *

In the "NATIVE TERRITORIAL RIGHTS BILL," which Governor Browne reserved for the Royal assent, the Governor was to be empowered to issue certificates of title to land to a' tribe, community, or individual. Questions of title were, to be ■ determined by the Governor m Council. For alienation from Maoris to private Europeans, the sum of ten shillings per acre was to be paid into the Treasury. The Governor was not to have power to grant more than 50,000 acres m one year, and his power was to cease m December, 1861. Mr. Richmond's avowed object was to commute Maori titles into English fee-simple, and accelerate the extinction of the native title ; and the Bill was a first step' m that direction. Donald >McLean protested against the Bill, and his protest was recorded. Mr. Richmond sneered at the "right of the natives" to what was "really a gratuitous concession by the Government." The Legislature, he said, would not trust Governor or Ministers, or both together, with any such extravagant discretion as unlimited power of granting away colonial territory m fee-simple. The Governor replied: "If the land of the Maoris can if niwwtt to b« 'colonial territory,' this

remark might be admissible; but if the m terpretation put upon

THE TREATY OF WAITANGI by her Majesty's Government be worth anything, the fallacy of the Treasurer's (Mr. Richmond) remarks is self-evident."

Donald McLean contended "m contradistinction to the views of his Excellency's responsible advisers" that the Governor should retain control 6f fell native affairs. The natives understood the principle which the Governor's power involved. It was of "paramount importance" to maintain it. "It must be admitted," said McLean "that the most harmonious relations now exist between the two races. . . Serious inconvenience would ensue from conceding to the representatives of the settlers the

ENTIRE. CONTROL OP NATIVE AFFAIRS, nor is it to be believed that the continuance of the present friendly relations is at all contingent upon such a concession." Colonel Browne advocated the maintenance of the Governor's powers, and enclosed remarks and citations by the late Chief Justice Martin on the whole question. The New Zealahders had constantly resented, even to bloodshed, encroachment on their territorial rights, and Mr. Martin declared that they were not less disposed to resent now. The passage of the Territorial .Rights Bill had, according to Rusden, been peculiar. The Governor wrote that he had m March, 1857, shown his Ministry a draft despatch to the Colonial office, recommending certain alterations m the Constitution Act. They wished him to withhold' his despatch, and promised to introduce measures m the local legislature to effect tho Governor's object — "to seciu-e to individual natives, by a Crown title, lands belonging to themselves." The Governor withdrew the despatch, but was surprised to find m the Bill prepared by his advisers, restrictions to which he could by no means consent, and he told them so. ' They persuaded the Governor to let them inform the legislature that he approved their other measures, and to conceal his disapproval of the Territorial Rights Bill. The other Bills thus vouched were passed under severe debate; the Ministry; threatened to resign if they wet© defeated. They withdrew this threat as to the Territorial Rights Bill, but still kep.t the Governor's disapproval dut of sight. By one vote, m a House of thirteen members, the Bill passed m the Council with an amendment reserving it for her Majesty's pleasure.

(To be Continued.)