PAPERS RELATIVE TO THE ABDUCTION OF THE HALF-CASTE CHILD OF THOMAS PAGE, BY NATIVES AT THE BAY OF ISLANDS.

Appendix to the Journals of the House of Representatives, 1862 Session I, D-16a

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PAPERS RELATIVE TO THE ABDUCTION OF THE HALF-CASTE CHILD OF THOMAS PAGE, BY NATIVES AT THE BAY OF ISLANDS.

RETURN TO AN ORDER OF THE HOUSE OF REPRESENTATIVES OF 20th AUGUST, 1562.

(Mr. Weld.)

[Return made 12th September, 1862.]

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No. 1. THE RESIDENT MAGISTRATE, MONGONUI, TO THE RESIDENT MAGISTRATE, KERI KERI. Circuit Court, Mongonui, January 7th, 1861. Sir,— On Saturday, the sth inst., a person named Whareoneone, from Kaikohi, I believe, but it is said from Hokianga, went to Mr. Wells's house at Oruru, and took a little girl, 4 years old, daughter of Thomas Page and a native woman, to whom he was married by Mr. Matthews. It appears that some 20 years ago one Joseph May lived with a woman at Whahapu, Bay of Islands; from there he went to Waimate, and about 18 years since Wi Repa took a taua, and demanded payment from May, which was ultimately given—a silver watch, new ;£5 cash, and a quantity of trade. After this May and the woman went to reside at the Awanui, passing through Hokianga, and no claim was made upon him. May died at Awanui, and the widow married Thomas Page : he had two children by her, the first died, and the second has been taken as above stated. The mother is dead, but no claim was ever made on the part of the natives until Whareoneone walked into Wells's place during his absence, took up the child and galloped off with it. I happened to go to Oruru on Saturday, and arrived about half-an-hour after the occurrence. I immediately proceeded to Pokonga, where I understood they had gone. On my arrival I informed Whareoneone that he had done wrong in talcing a child in that way, and advised him to give the child back again ; but he was very insolent to me, telling me I might send a force to fight, but he would not give up the child. I would therefore request you to use your influence with the Chiefs of this man's place to make him restore the child, and punish him for tho act as well as for his insolence. Being a stranger to me, and by myself at the time, I could take no steps whatever in the matter beyond advising the man to restore the child. I have, &c. W. B. White, J. R. Clendon, Resident Magistrate, Resident Magistrate, Keri Keri.

No. 2. THE RESIDENT MAGISTRATE, MONGONUI, TO THE CHIEFS OF AHIPARA AND HOKIANGA. Circuit Court, Mongonui, January 7th, 1861. Mi Friends, — I take the opportunity of this mail leaving for Ahipara to inform you that a person from Hokianga, or Koikoi, went to William Wells's house at Oruru, on Saturday, during the absence of the man, and took from there Thomas Page's child, carrying her off to Pokonga. I happened to be at Oruru shortly after and went up to see this man, whose name is Whareoneone. He claims to be a relation of the mother. You know that she lived in 1840-41 with Joseph May, at Whahapu. He took her to Waimate about 18 years ago ; Repa went with a taua and demanded payment ;it was given by May—a watch, £5 in cash, anil a quantity of trade. Then May and this woman came to live at Kaitaia and Awanui ; then May died. Thomas Page was married to the widow, by Mr. Matthews, seven or eight years ago. They had two children ; the first died the second has just been taken from the protection of Wells, where the father left her. This is a very serious offence : they can have no right to take the child. I therefore write to you to use your influence that the man may return this child, to be brought up as the father directs. Whareoneone was very insolent to me, and I look to you to make the man pay for his insolence to the law and me. Your friend, W. B. White. The Chiefs of Ahipara and Hokianga, at Ahipara.

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No. 3. THE NATIVE SECRETARY TO THE RESIDENT MAGISTRATE, KERI KERI. Native Secretary's Office, Auckland, May 28, 1862. Sir, — I have tho honor, by direction of His Excellency the Governor, to enclose copy of Southern Cross of this day's date, containing an account of an outrage alleged to have been committed at Kerikeri, and to request that you will report upon the same for the information of the Government. I have, &c, Donald McLf.an, The Resident Magistrate, Native Secretary. Kerikeri, Bay of Islands.

No. 4. THE RESIDENT MAGISTRATE, KERI KERI, TO THE NATIVE SECRETARY. Kerikeri, June 8, 1861. Sir,— I have the honor to acknowledge your letter of 28th May, No. 215, with copy of Southern Cross of same date, and to report as follows : — With regard to the case stated to have occurred at Mongonui, it appears that some years ago a man named May was living with a native woman near Kawa Kawa, but a short time before the war, went to the North, where he amassed some considerable property, but died in 1852, in consequence of a fall from his horse. The complainant Page was there at the time, and soon after May's death married the widow. A short time since, a Native named Whareoneone (a man of the class that no Chief can have any influence over, and the same that caused the disturbance with Tirarau) went to Ahipara, or in the neighbourhood of Mongonui, and in speaking of a slave he had lost some years ago, and mentioning her name, was informed that a child there, in the charge of a European named Wells, was the daughter of the woman in question. He said he would take the child, and accordingly went to Wells's house for that purpose. Mrs. Wells offered him a mare to leave the child, which not receiving he took away the child. Subsequently the mini Page came to me with a letter from the Resident Magistrate at Mongonui on the subject. I immediately sent the Interpreter, Duncan, with him to Whareoneone, whom he found at the Ahuahu, near Waimate, with Tamati Waka and several other Chiefs. Upon Page's making the claim upon him (Whareoneone) for the child, the matter was referred to the decision of the Assessors and Chiefs there present, who decided that the promise made by Mrs. Wells should be fulfilled ; and Page, instead of the mare, gave up the horse he was there riding and took home his child ; and in consequence having no horse to ride one of the Assessors (Tango Hikuerai) lent Page his horse, which has not yet been returned to Tango. I may remark that the woman was a slave of Whareoneone's, and taken to the Awanui without his knowledge; also that the mare offered him v.as the property of the woman before she married Page. 1 have, &c, The Native Secretary, &c, James R. Clendon. Auckland.

No. 5. THOMAS PAGE TO THE NATIVE SECRETARY. Auckland, 13th June, 1861. Sir,— Under pressing circumstances, I avail myself of the present opportunity of explaining the treatment I have lately received from the Natives, in pursuit of an only child which they, the Natives, forcibly took from a Mrs. Wells, by knocking her down, and where I left her, tho child, for care, her mother being dead. I went to Mr. White, at Mongonui, and he gave me a letter to the Native Magistrate at Keri Keri, who promised to meet me in four days ; I waited fourteen. I then went and claimed my child, which he would not give without the Government would pay fifty-five pounds, which I said in reply I had nothing to give, so they took my horse forcibly from me, the only property I had to support my child for a short time until I could get work; so I bring this to your notice hoping you will take it into your consideration and grant mo some little compensation or redress, as it has cost me what little I had, so I appeal to you, hoping you will grant me a hearing, and by so doing you will oblige your obedient servant, Thomas Page.

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No. 6. THOMAS PAGE TO HIS EXCELLENCY THE GOVERNOR. Auckland, 18th June, 1861. Sir,— I havo lately brought to notice an occurrence of very great matter, which I placed six or seven days ago before the Native Secretary, and not having heard any reply, I venture to lay the case beforo you, hoping you will excuse me and investigate into the matter, aud grant me a hearing. Tho minutes of the document I sent to the Native Secretary were simply this : I, in claiming a child of my own, which the Natives forcibly took from a woman with which I left her, the child, in charge, they took, ou my claiming her, a horse, value £30, which I intended for the support of my child until I would be in power to support her. I appealed to the Magistrates there, but they would uot do anything in it. Now, Sir, I hope you will take it into your consideration, and grant me your aid in supporting mo for some recompense, and by so doing you will much oblige, Your obedient, humble servant, Thomas Page. His Excellency the Governor.

No. 7. ASSISTANT NATIVE SECRETARY TO THOMAS PAGE. Native Secretary's Office, Auckland, July sth, 1861. I have tho houoi, by direction of His Excellency the Governor, to acknowledge the receipt of your communication, requesting the intervention of the Government to obtain redress for you in the matter to which those communications refer. In reply I am directed to inform you that your case will be carefully enquired into on the spot, aud that should it be found that wrong has been done to you, every effort will be used to obtain redress. I have also to inform you that Mr. Clendon, the Resident Magistrate at Te Keri Keri, has been instructed to investigate this matter. I have, &c, Thomas H. Smith, Assistant Native Secretary. Mr. Thos. Page, Mongonui.

No. 8. ASSISTANT NATIVE SECRETARY TO TAMATI WAKA. Native Office, Auckland, July sth, 1861. Friend Waka, — Greeting. This is to inform yon that Mr. Clendon is inquiring into the information which has reached the Governor about the taking of the girl of the Pakeha, and subsequently his horse, by Whareoneone. Now you must together assist to settle this matter according to law. Mr. Clendon has beeu communicated with on the subject. Enough. From your friend, Smith. To Tamati Waka and others, At Kororareka.

No. 9. ASSISTANT NATIVE SECRETARY TO THE RESIDENT MAGISTRATE, KERI KERI. Native Secretary's Office, Auckland, July sth, 1861. Sir,— I have the honor to acknowledge the receipt of your communication of the Bth ultimo, reporting on two cases of alleged outrages at Tc Keri Keri aud Mongonui. With reference to the latter case, I am directed by His Excellency the Governor to transmit to you copies of letters addressed to the Government by Mr. Pago, and to request that you will,

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with as little delay as possible, call a great Meeting of Chiefs and Assessors, for the purpose of making further investigation into this matter. I am further directed to inform you that His Excellency cannot acknowledge the right of a Chief over the child of a slave woman, and to request that you will report distinctly whether the Chief Te Whareoneone has preferred any claim of ownership to the mare which is stated to have been promised by Mrs. Wells, or whether it was the property of the mother of the child at the time when she was living with the Chief who claimed her as a slave. I am also instructed to direct you not to accept any final decision in the case which does not involve a surrender of the horse taken from Mr. Page without previously communicating with the Government. I enclose herewith copies of a circular letter which you will have the goodness to address to the principal Chiefs and Assessors in your district, whose assistance may be required by you in effecting a satisfactory settlement of this case. I have, &c, Thos. H. Smith, J. R. Clendon, Esq., Assistant Native Secretary. Resident Magistrate, Te Keri Keri.

No. 10. TE WHAREONEONE TO HIS EXCELLENCY THE GOVERNOR. July 29th, 1861. Friend the Governor, — Salutations to you. I have a word to say to you. I have heard your word from the Magistrates. You say that lam to give up the horse that was given to me by the Pakeha ;he quietly gave the horse to me himself. The Magistrates heard his word with reference to the horse ; it was not forcibly taken by me. Hearken. The thought will be with you in regard to to me, do you write to me. My taking the girl was right according to Maori law. I have heard that that proceeding was wrong according to the Pakeha law, and therefore have given up the girl to her Pakeha parent ; and his horse was given to me, it was not (forcibly) taken. From Te Whareoneone. His Excellency the Governor, Auckland,

No. 11. THE RESIDENT MAGISTRATE, KERI KERI, TO THE NATIVE SECRETARY. Auckland, 14th August, 1861. Sir — I have the honor to acknowledge the receipt of your letter of the sth ultimo, forwarding copies of correspondence having reference to the alleged forcible abduction of a child of Thomas Page ; and to report thereupon as follows for the information of His Excellency the Governor. In compliance with tho instructions received by me, I forwarded to the Chief and Assessors the circular letters transmitted by you, and after a personal interview with a majority of them, it was decided that a meeting should be convened at which the subject should be dis cussed ; but subsequently this meeting was put oft at the suggestion of some of the Chiefs, to which I the more readily assented as Te Whareoneone had placed a letter in my hands for transmission to you, at the same time informing me that be was prepared to give up to me the horse which he is charged with having taken from Page, upon receiving a satisfactory reply to his letter above alluded to. By this he meant that he expected the Government to make him some compensation for the restoration of the animal. This course I am inclined, under the present circumstances of the Colony, to recommend, and I am strengthened in this opinion by the advice of Tamati Waka, who takes this view of the case. The error into which Te Whareoneone fell in taking the child arose out of a custom which still prevails among the Chiefs of my district, thereby occasioning me much anxiety and trouble. lam happy to say, however, that it is rapidly falling into disuse. With reference to the letters addressed to the Government by Thomas Page, the only truthful statement is that the child was taken away. He came to me on Saturday night, when I informed him that I should be engaged during the greater part of the ensuing week, and could not therefore enter upon the ease immediately. On the following Saturday I directed the Interpreter to the Court to call at his house and arrange to accompany him on the following Monday to the place where the child was detained. They accordingly went together : Page did not go alone. Upon the child being brought forward he offered the horse upon which he had made the journey to Whareoneone if he would give up the child. To this Whareoneone assented, without seeing the animal ; he did not claim it, but

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accepted it when offered. The child was immediately given up. On the following day Whareoneone went to the place where the horse was, aud on receiving possession of it generously offered to leud Page a horse to ride back to Mongonui. I have, &c, James Clendon, Resident Magistrate. The Native Secretary, &c.

No. 12. ACTING NATIVE SECRETARY TO THE RESIDENT MAGISTRATE, KERI KERI. Native Secretary's Office, Auckland, 16th September, 1861. Sir,— With reference to your letter of the 14th August, reporting on the alleged forcible abduction of a child of Thomas Page, and transmitting a letter from Whareoneone on the subject, I have the honor by direction of His Excellency the Governor to request that you will proceed with the enquiry into the case in due course, and iv accordance with the instructions contained in my former communication. I herewith transmit open, the reply to Whareoneone's letter, which, after perusal, you will have the goodness to forward ; by it you will perceive that His Excellency is not prepared to assent to any compromise of the matter by compensating Whareoneone for restoring the horse obtained from Mr. Page. I have, &c, Thomas H. Smith, Acting Native Secretary. J. R. Clendon, Esq., Resident Magistrate, Hokianga.

Enclosure 1 in No. 12. Native Office, Auckland, September 10th, 1862. Friend Whareoneone, — Salutations to you. Your letter of the 29th July has been received, and the Governor has seen your words. Do you hearken; your error is of a very grave nature in taking away the daughter of the Pakeha from the house of the protecting woman, in whose charge she had been left by her father, Page. It would be right were you to suffer the vengeance of the law for your work. Afterwards you made the matter worse by taking the horse of that Pakeha, even though he offered it for the restoration of the child. Enough, this is also an offence of yours. Now it is for the European Magistrate in conjunction with tho Native Assessors to arrange this affair, and you must be prepared to submit to their decision. Enough. From your friend, Smith. To Te Whareoneoue, at Oruru.

No. 13. THE RESIDENT MAGISTRATE, KERI KERI, TO THE NATIVE IECRETARY. Keri Keri, 16th September, 1861. Sir — Referring to your letter of the sth July last, transmitting copy of a letter to the Government by T. Page, aud requesting a great meeting of the Chief's and Assessors should be called, for the purpose of making further investigation into the matter, &c, I have the honor to inform you that the meeting took place at Ngawitu on the 12th, 13th, and 14th instant, a great number of Chiefs and many Assessors were present, when the matter was fully enquired into and clearly shewn that on the day the Interpreter accompanied T. Page to Ahuahu, where Pene Whareoneone was, at a large meeting, that the Interpreter asked for the child ; it was sent for, and as soon as it was brought, the father (Page) took it upon his knee and said to the Interpreter what would a father not do for his child, I will give Whareoneone the horse I here have, ask him if he will take it in place of the mare offered in the north. It was accepted, when Page took the child with him upon the horse to Waimate, and on the following day Whareoneone went for it. Tongo Hikuwai lent Page his horse to ride home, under a promise that he

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would call at his pah for a lad to bring the horse back. Page did not call at the pah, but went on in company with a native (Raihana) going northward ; on the way, Page told Raihana that if Whaneoueone had sent his horse and gone with him as he promised, that he would have given him a good beating and sent him back without his horse, which he would have sold ; it was in consequence of some such remark made by Page at Waimate that Whareoneone did not lend his horse, as he had offered to do. The Chiefs would not admit that the horse was given through fear, as there were many present as well as Assessors, and with them Tamati Waka and Wi Hau ; nor did Whareoneone when he brought the child forward ask for a horse, it was offered by Page. Tamati Waka and Wi Hau objected to Whareoneone's receiving the horse, but all the other Chiefs and Assessors were in favor of it, and said it was offered, and one had been before offered. Tongo's horse was brought back some weeks after by Raihana, who claims for his trouble. Tongo also claims, in consequence of the long detention of his horse ; I am of opinion they should be paid, but Page should be made to refund it. Whareoneone had sold the horse, and it was in a third persons hands at the time of the meeting, but that the wish of the Government might be met " that the horse should be returned", Arama Karaka of Waima (after the decision of the meeting that Page had not any claim to the horse), gave his horse for it, and requested me to say that it was at the service of the Government whenever I was directed to ask for it. The Natives at this season of the year being quite out of provisions, I found it necessary to supply the meeting with flour, rice, biscuit and sugar, amounting to £17 7s. 6d., and request authority to pay the amount. I have, &c, James Clendon, Resident Magistrate. The Native Secretary, &c, &c, &c.

No. 14. MOHI TAWHAI AND OTHERS, TO HIS EXCELLENCY THE OOVERNOR. Ngawhitu, September 13th, 1861. Friend the Governor, — Salutations to you. We, tho Native Assessors, the Resident Magistrate, and the Maori Chiefs, have had a meeting about the horse of the Pakeha, which you said should be given back. We have investigated the matter, and find that he was in the wrong, as it was his own hand that gave the horse into the hand of Pene Whareoneone ; at the investigation at the Ahuahu the Assessors, the Maori Chiefs, and the Government Assessors, all agreed in this decision, so do not say that is trampling on your word ; no, our part was to enquire into the right and the wrono-. From your loving friends, Mohi Tawhai, Hira Pure, Arama Karaka Pi, Hare Matenga, Toti, Hira Te Awa, Tamati Hapimaua, Hikuai, Hare Reweti, Hare Kuri, Renata Whatonga, Hoterene Tawatawa, Te Warihi Kokoai, Ilenare Te Titaha, Mitai Pene Taui, Kuhe, Puariri, Mokaraka.

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OF THE CHILD OF THOMAS PAGE.