MR JAMES MACKAY ON NATIVE LAND PURCHASE.

Waikato Times, Volume X, Issue 817, 11 September 1877, Page 2

MR JAMES MACKAY ON NATIVE LAND PURCHASE.

xVLr James Mackay addresses a long letter to the 'Herald' on the present phase of Native Land Affairs. Omitting the first and larger portion of his Litter referring to the past histQjyoJ; too Native

Lauds Question, we come to his suggestions .' for the future, as follows:— i . ; " I confess that from-fcbe first paßfling of the Native .Lands Act I had my doubts aa to its working well, aud while hoi ling the office of Civil Ooininuisi >ncr at Auckland; ia a couveraat-ion with the then Governor, I stated that 'la my opiuim it would turn bat to be a measure which woaUl tend to pauperise the natives, and when the lauds ia their hands were k ; diminished by its action, much trouble t would arise.' I then suggested another method of dealing with the subject, ri whioh, , with a few slight alterations, I "will now proceed to lay before you. In order to disabuse the mind of the natives of the idea that we wish to deprive them of all their iunds, the question of "permanent reserves, for their oooupa-ion should be dealt with m the tiist iostanee, and we have to oonsider the best means of giving titles for such reserves. HaVing: disposed, of the qu stioa of reserves, what is to be done with the remainder of the luidfl m order to give the owners a marketable title to their estates; My suggestion is that a Bo^rd of three Commissioners should be ap> pointed for the districts .ori>h ol *.uck. land, three for the eastern side of this province, three for the western side of this province, three for the province of Napier, three for the province of Taranaki, three for, the western province of Wellington, and three for the eastern side of that province —say, twenty-one m all. At the first glance this may appear. t» be a large number, but there are suffix* it competent men m the Native Dspartment and m the Native Lands Court office to do tie work. The duties of chese commissioners would be to visit each native settlement, and ascertain the area of laud whioh was actually required for reserves tor their oocirpa ion. ' With the consent of the natives the boundaries of these reserves eh mid le at once surveyed. Phis being accomplished, the persons entitled to- the reserves should be ascertained, aud they should receive a title m winch the - names ot all should be inserted, and the land be rendered stric ly inalienable. Next) the commissioners should proofed on to th<3 ground, and ascertain tin external boundaries of the <Jands of each hapu (subdivision of a tribe). Here tin first great difficulty would be encountered, as many of these are the subject of dispute, as for instance — one hap j might contend that a stream formed the division oetweeo their lands and those of the next, iupu, and the other might be quite as positive - that a ridge of a hill was the proper boundary. The oomnusioners would then have to decide the ques ion, or suggest some ompromue. Native lispu tints will frequently accspt the mediation of Europeans m their quarrels about land, •vhereas when left to themselves neither like to give way. In arran.;iug for the cession of the Thames and «>hinomu: < i lands for goldmining, there were upwards of forty questions of this kind to seoule. The process I adopted was go on the ground with the opposing parties and ask each to point out the extent of their respective claims. I next inquired, 'how long has this been the subject, of dispute ?' If it was found to have existed for three or four generations,- tin natives would generally agree to the debate *bb grouid being equally divi led. bub m cases where the disagreement occurred during the present generation I inquire J ctrerully into the circumstances, aud gave such decision as appeared to be m accordance with the merits' of theo.se. As a rule the Native Lands Court is not a good vehicle for amusing conflicting olaim* of this description, and the par ins eeuer Ay iidjourn outside and accept; ttte mediation Otsouae Native Department offiiial, land agent, or interpreter. Having amuififed the position of ttie extern A bjuid. Aries the commissioner* would orler a survey of the block, and aft.er giving due notice ahouid proceed to ascertain the persons entitled 10 tht land, daving determined the ownership, the natives should be entitled t> select one of their number, say not less thm five or more than ten, to act an trustees for the whole hapu, Hie numes names of each member of which should be Bho*n m the deed, of grant. The trustees should have the power to alienate ih9 lan tby sale or lease, but not >y inort* gage. The proceeds of any sate 3 iould be apportioned anvjug thi hapu iy me trustees; but, to prevent inna >i>roprintion of the money by the n, it rai^hc be lodged to the c edit of an n -count i i ihe name of aa officer of t ie vijvern nent to be called "Che >ativ Lmd Funds Trustee," until sucn time as t ie com n.s* sioner ooutd satisfy himself tint fcna trustees had arrange J f»r ;i fair tivision of the money, the trussees aiso being amenable 10 the existing :aws r -girding trusts. Tne next point t» be considered is whether the Q-jv^rnnent aim thouid have the right to acq lire linds fro v the natives. It is very advisable for he incereats ot the JSurop-au nee > hit s his should be the law, but it would press unjustly on the native owner, who m mny cases receives two or thro tinns less i>he amount from the O-ov mm- nt purchaser than he couid get fro.n private buyers. Suoh^ being the case, it inighn, perhips, be a lvisable t > 'limit the area which could be acquired by any settler or speculator. There is, however, m« other phase of the question. If £he natives will not sell to the Grovernment, it surely would be better for the Unds to oass iato the hands of Europeans, even though they should be speculators, than to have large tracts of country locked up m an idle and unproductive con lition. tt has been proposed m the House of Rdprebeatatives to stop the sale of native lands for the next twelve months. As far aa I am aw*re, it has not yet been stated whether this is intended to refer to Government purchases as well as to those" of private persons. In eicher case the natives will become highly discontented, and those who ate indebted to tSuropeans will retreat to the so-oalted King country and become obstructives. Delay m completing., the .Grovernmant purchases now under- -negotiation wo»ld on the other hand be highly dangerous to the interests of the public, because at the expiration of the twelve mouths' " aukati" nearly all the arrangements would have to be renewed ; aud duriug the interregnum interested Europeans would hare a fine and much wished for opportunity of tampering wi.h the natives and inducing them to repudiate existing and inchoate agreements. In conclusion, m reference to the scheme suggested by me, I have had innumerable consultations with natives m various parts of the country on the subjeut, and they all agree that the system of making the permanent and inalienable reserves ia the first instance is correct, aud they infinitely, prefer the ide^i of the commissioners going on to the ground and settling the hapu title, than being dragged to a sitting of the Native L.ind/i Oourt, which possioiy may be nell at 'a place where they.' cannot attend without great trouble and expense. The only point of importaDoe ;r dised by the natives is m the case 'of a&asbtees ; out this could we overoome by.i^^mmissionor giviug a ••• ijaz^tte" uobnjtif thatf ov a certain day he would be at aAcentefctl settlement ou the blojk, and tie claim of the- hapu would be 5 investigated. The absentee claimants are generally not numerous, aud v would be easier lor a lew of t^w

ou the ground than to taKfe a large number to some distant European settlement at a great expenio. Ample notice could be given a* jo .the necotsar^ peliminary Purveys of external bduria'ries^, and marking of reserved would oocup| epme time, aonie European ] f rrerid's, bei fore whom I laid my views, suggested that the objection they saw Urf^my-'pro-posa was, that it would take too long to oarry out. 1 would ; draw attention^ to the. largo number of old land claims wnioh Cpmroissioners ,a|id Richmond Investigated in' a very* snort period, m the early days of the colony,- and the process adopted by them, was .very simjlar to that which ha.3 herein been siitcgested. By adopting the plan indicated, I, believe the "title, to lands throughout 1 the JjTorth Island would be jSroperiy ajttdßatwfatorily settled, and . tho services pf the Native Department oould ih 'a great nWaiure'jbe dispensed with. As I have'alreafd^ trespassed at too great a length, 1 will not refer to a number o£ details, euch as 7 the execution of deoda, costs of survey, duty, &0., but will, with your permitwion, return to the subject m the : oourse of a few days.— l am, &c, Jamks Mack ay. Auckland, Ist Sep 1 ember, 1877 v