DEED OF CESSION COMMISSION

Poverty Bay Standard, Volume I, Issue 79, 16 August 1873, Page 2

DEED OF CESSION COMMISSION

Gisborne, Thursday, 14th August. [Before Mr. Commissioner Munro, presiding, and Mr. Commissioner Rogan.J The Court was opened at 10 o’clock, and was crowded with natives during the whole proceedings, which was accounted for principally from the fact of Mr. Loeke (who ha I arrived early that morning, per Comerang) being present, and that a notice had been posted outside the Court-house on the previous day, announcing the intention of the Commissioners to proceed with the application of Peti Moreti and others for the Whutatutu Block containing 6,500 acres. Mr. Commissioner Munro addressed the natives present in Maori, the substance of which is as follow : —He alluded to the confiscated lands, and -that portion which had been ceded to the Crown to be dealt with by Commission. The Court of Commission had sat once when Mr. Atkinson appeared as Crown Agent and objected to all persons found to have been rebellious. Himself and brother Commissioner, Mr. Rogan, sat when last here, and the natives gladly came before them to prove their claims; awards were then marie and forwarded to the Government, upon which 1 Crown Grants had been issued. The Court was ultimately adjourned as the natives seemed dissatisfied. On any order being made by the present Commissioners care would be taken that grantees should be Tenants in Common, and not Joint Tenants. It was not denied that they had a grievance about their grants, but they could rectify this by surrendering their grants, and have fresh ones issued The ceded block was not native land within the meaning of the Native Lands Act. That Act was very different in its operation and powers to the present Commission, they, the Maoris of the district, had ceded their lands to the Queen, and there was only one way of getting them back, and that was by applying to the Commissioners, as the lands were in the hands of the Government. If the Commissioners did not consider the business entrusted to them now, they would sit at some future date, until all the business had been disposed of. Mr. Commissioner Munro concluded a very eff ctive and telling address, dilating warmly on the obst ruction caused to the prosecution of public business by stranger natives coming here from a distance and inciting the resident owners of lands to a disregard of their own interests. Mr. Commissioner Munro expressed his regret that as he preferred speaking in the Maori language, his speech could not be taken down, but hoped that some native linguist who had heard it would give assistance to any one interested in reporting it ; and again addressing the natives suggested an adjournment to allow them to discuss the matter among themselves. Paora Apatu expressed a wish to reply, but was informed that such a course could not be allowed; but that if any natives wished to ask any questions, the Court would hearthem, whereupon Henare Matua said tlkit he was a stranger here. He came invited by .the people. He did not call himself a Commissioner, but wished to reply to a remark made with respect to himself. He was not aware what was the cause of all the trouble that has ensued here relative to land ; he did not impute the cause to the Government or to any one in particular; but what he had to say was that the lands of all the people here were put into his hands, and he purposed taking the grievances of those persons who have comp'aints to make, to the Parliament. He wished to know why there are different Land Regulations here to any other part of New Zealand. The Commissioners stated they would not allow any discussion, and adjourned the Court till 2 p.m., so as to allow the natives an opportunity of considering the address of Mr. Munro. On there-assembling of Court, Wi Pe re said that as natives had representatives of their own in Parliament they should discuss this matter, and it would be better that the Court of Commission be adjourned altogether. He wished that he and his tribe might be allowed to take their complaints to Parliament. Mr, Commissioner Munro wished to know what complaints he had to take to Parliament. Wi Perk: The adjustme^ofthePatutahi and Muhunga Blocks, which they *ll disagreed with. Mr. Commissioner Munro pointed out the Blocks W’hich were all approved of by the natives themselves; but this was a question which the present Commission had nothing to do with, and he pointed out to Wi Pere that what he was stating to be a grievance was perfectly incorrect. Mr. Wyllie and Mr. Graham who were engaged on the Commission in 1869 also corroborated the fact that the natives agreed to the terms of the cession.

On the question of tenure Wi Pere considered it a great grievance that the Joint Tenancy clause and the equal division of shares should be allowed to stand. He then entered into a long disquisition as to what he considered would be a good land law for the Maori. Mr. Commissioner Munro said this merely •meant that the natives wanted a law to enable them to deal with and sell their lands, to receive the money for the sale, and to get the land back again if they wanted it. The following objections made by Paora Apatu before the Commissioners, were then read (in English) by Mr. Woon :— Ist. The Joint Tenancy clause in the Crown Grants.

2nd. That one grantee can sell without the consent of co-grantees. 3rd. That blocks are applied for and surveyed without consent of owners.

4th. That payment are made to them in paper orders and not in money. With reference, to the two first the Commissioners thought there was a grievance in them, which he ha 1 already told them wouid be rectified in future. But with regard to the latter, they considered the natives were well able to protect themselves. They did their business with their eyes open and if they preferred goods or paper to cash that was their look out.

The Court informed those present that it was now prepared to receive the claims of any one wishing to prefer them. A discussion took place; and as all the natives seemed inclined rather to

argue the point than proceed to business, the Court was abruptly adjourned to Friday, 15th August. The Commissioners took their seats at 10 o’clock, and after some interruption and delay, business was attempted to be proceeded with by an investigation of the '* Okirau” Block claim made by Mrs Wyllie and others. Mr. Commissioner Munro suggested that only those 'who were claimants in each case should remain in Court, so as to allow of greater facilities in the investigation. Mrs Wyllie was under examination before the Court, and the Commissioners were advancing in a direction with reference as to who the other grantees were, when on a preconcerted signal from the crowd, the natives rose cn matte, and ami.lst cries of korero parau and kokiri, kokiri, effectually put an end to all hope of further business. Captain Richardson and his small force were active in their endeavours to eject the more prominent among the rioters, and got a little rough usage. In the scuffle Sergeant Shirley’s head came in contact with a square of glass, the sound of which breaking, added to the tumult outside, and gave rise toa suspicion that the Maoris really intended to carry out their tnreat, pretty freely expressed, of attacking the Court-house and despoiling the maps and property of the Commissioners. Captain Porter rendered good service and eventually the Court was cleared and the doors locked. Outside, however, the excitement became intense; and it is certainly only due to the fact of business being entirely suspended in the Court., that open hostilities did not break out. Shortly after, Mr. Locke addressed the natives outside, and made them acquainted with the views of the Government with reference to the Commission, but the time seems to be gone by for sugarless diplomacy to have any influence upon a horde of fanatics, who are being urged on to their ruin by rash advocates. The Commissioners intend despatching a special messenger through to Napier to-day to telegram the Government on the matter. The i ourt opens again to-day at 10 o’clock.