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Patea Mail, Volume V, Issue 449, 2 August 1879, Page 2

Our readers will probably be interested to know what the facts are respecting the confiscation of the Waimate Plains, and respecting the promises made by Sir Donald McLean to the natives. The papers to hand, which have been laid before Parliament, begin with a proclamation signed December 17th, 1864. This proclamation was never issued, but “is interesting,” says a memo, “as showing distinctly what were the deliberate and unanimous intentions of the Executive at that time.” The portion of this proclamation of interest at present is the following: “ The land of those natives who have adhered to the Queen shall be secured to them; and to those who have rebelled, but who shall at once submit to the Queen’s authority, portions of the land taken will be given back to themselves and their families. “ The Governor will make no further attack on those who remain quiet.

“ Those guilty of further violence, the Governor will punish as he has punished the Waikato tribes.

“ The Governor will also take' possession of, and retain, in the country between Wanganui and New Plymouth, and in the Province of Taranaki, such land belonging to the rebels as he may think fit. “ The Governor will cause roads to be made, not only at Taranaki and in the Waikato, but through the island, from time to time, as he may think fit, as well through lands of Europeans as of natives.”

“To those, whether Europeans or natives, who consent to the making of roads through their land, there shall be paid fair compensation for the land so taken ; and to those who will work in making the roads, payment will be made in money. Those who obstruct with violence the making of roads will be forcibly repressed.” The reason why this proclamation, which had cost the Executive Council a great deal of thought, was not issued, was that when General Cameron, in the beginning of 186 D, was about to leave Wanganui to “ achieve the pacification of the country betweln that town and Taranaki,” it was deemed advisable that he should be accompanied by the Native Minister, armed with the said proclamation, li to be issued or not at his discretion.” Thinking it would not simplify matters in settling with the Maoris, the Native Minister did not issue it. A proclamation of the same date, Dec. 17, 1864, appeared in the Government Gazette, in which the provisions of the document already mentioned are recapitulated. It is then set forth that the Governor does not seize the lands of the natives “ as a source of profit, but as a punishment for their misdeeds, and a warning to others.” “ Now, therefore, let all men know that the Governor will take such of the rebels’ lands, bounded by the sea coast, from Parininihi to Waitotara, ao he shall deem sufficient for effecting these objects named, and no more. ”

The intentions of the Government are more clearly set forth in a confidential letter from the Native Minister (J. E. FitzGerald) to Mr Parris, dated August 30, 1865

“It is proposed to confiscate the whole of the lands, to a distance of twenty miles or thereabouts from the coast, lying between the Waitotara River and the White Cliffs; not with a view of holding or occupying the whole of it, but in order to enable the Government to clear away all disputed titles, and at once to settle down upon sufficient blocks of land the whole of the native population of that district who may be willing to come in, accept Crown grants, and promise to live peaceably under the law. Immediately following up this confiscation, Government propose to issue a proclamation of peace and amnesty, putting an end to the war, and declaring that no more land would be confiscated.” It appears from this that the intention of the Government, at the time of the confiscation, was not to confiscate the Waimate Plains, and other land, in the strict sense of the term, but only as a legal fiction to give a clear starting point for future titles. It is distinctly stated that the natives were to be provided for out of this very land that, by a legal fiction, was called confiscated. Turning over the leaf we come to a “ memorandum by Sir Donald McLean as Native Minister,” dated Jan. 20, 1872, from which we take the following passage:— ;

“ The lands north of Waingongoro as fir as Stoney River, although nominally confiscated, are, with the exception of 1,400 acres at Opunake, quits unavilable for settlement until arrangements are made with the natives for lands

sufficient for their own requirements, Mr. Parris will provide for the location of the natives as much in the neighborhood of Kanpokonui and Oeo as possible, and compensate the native owners for all lands they may relinquish south and north of that river, in order to free them from all difficulties and obstructions, at rates not exceeding 5s per acre.” This certainly appears to mean that the Maoris were to receive payment for all the “ nominally confiscated land north and south of the Waingongoro that was over and above their own requirements. It appears, from another return, that the natives have received £7,413 11s 7d for land between Waingongoro and Patca, the payments being still incomplete. They have further received £4,110 12s fid for Momahaki, and £4,522 18s Id on account, for the Waimate, payments in both these cases being still incomplete.

Farther on we have some instructions from Sir Donald McLean to Major Brown, in which he calls attention to the last quoted paragraph :

“ 1 desire to draw attention to the paragraph which treats of lauds north of the Waingongoro as far ns Stoney River, in which Mr Parris was authorised to compensate the native owners for all lands they might relinquish, at rates not exceeding 5s per acre. Since then, the Government have become fully aware of the extravagant views held by the natives as to the value of the lands alluded to, as well as to the fact that they have failed to recognise the reality of confiscation.

“ Those circumstances in all probability may render it very difficult, if not impossible, for yon to conclude terms with the natives within the limits of the sum above mentioned. You are, therefore, authorised at your own discretion to offer such annuities to the chiefs, or others interested in the sale, as may in the aggregate amount to 2s 6d per acre more than the 5s already'mentioned. - . It must, however, be borne in mind, that everything like extravagant concession in the matter of confiscated lands should be carefully avoided, otherwise it may lead to dissatisfaction amongst the Waikato and Bay of Plenty Natives, as well as those of the West Coast who have lost lands south of the Waingongoro.” All this has either been lost sight of by the Grey Government, or they have considered that the offer of 7s fid per acre, or of any other payment, was not intended to be a standing one, one that the natives could reject for ten years, and then accept when they began to feel their weakness. If they regarded the matter in this light, we can in part sympathise with them, but they certainly overlooked the self-evident fact, that if the Maoris would not part with the land for 7s fid an acre when they were defeated and the land was worth little, they would not now part with it for nothing when they have rested from war, and the land has become very valuable. In his very able speech, Mr Sheehan pleaded that out of the 16,000 acres surveyed on the Waimate, 4,000 had been reserved for the natives. The mouth of every stream was allotted to them, all their clearings, their fishing grounds, and villages wore held sacred. This may be all true enough, but is quite beside the mark as long as the Maoris had reason to expect not only these reserves, but also 7s fid per acre for what was not reserved. Last year, when the sale of the Waimate was referred to, we remember that it was clearly understood that twenty-five per cent, should go to the New Plymouth Breakwater, and that the Patoa County should be robbed of another fifteen per cent., and still receive five per cent.; but we do not remember any reference to considerable payments to the lords of the soil. In fact, it is perfectly clear such payment was not in the Grey-Sheehan programme at all. The Government have either been ignorant of the doings of their predecessors in office, or they have been guilty of unpardonable folly in ignoring the engagements they entered into. Mr Sheehan, in his speech, took credit for having discovered that the whole of this coast was strewn with broken promises. He said he had “ dug up ” this valuable piece of information. The real state of the case is that others strewed the coast with promises, and be broke them.