MINUTES OF EVIDENCE TAKEN

J&. McLean, Esq. 20 Sept. I860;

168. Who prepared the code ?—lt was prepared by Mr. Fenton and the Attorney-General. 169. Do you approve of that code?—l was in favour of a simpler code to commence with, especially in a district like Waikato ; a code such as Chief Justice Martin's. 170. Mr. Sewell] What has been done to introduce this code among the Natives ?—lt has been distributed to all the Native Assessors. 171. Mr. Forsaith.] Then I understand that, as the head of the Department, you did not take any steps practically of your own to carry out the promise ?—The steps taken by the Governor were taken with my advice, I was cognisant of the Governor's intention to institute the code, and it was not necessary for me to take any further step. 172. Did not the promise include the appointment of a Magistrate ?—The Magistrate was appointed by the Governor. I suggested the appointment of a Magistrate, but did not name Mr. Fenton. I named Mr. Parris or Mr. H. Halse. I suggested to the Governor that an Officer who had been living for some years at Taranaki should be appointed at Waikato. 173. Then you considered the obligation of fulfilling the promises made at Paetai rested not so much on you, as the head of the Native Office, as on the Governor ?—Almost immediately after the meeting I left Auckland for Hawke's Bay, and left the fulfilment of the promises to be made by the Governor and the Native Office. 174. You have said that, on your return from Hawke's Bay, some time after Mr. Fenton had been appointed, you found the district of Waikato in a state of commotion, and the people divided into two parties (the King party and the Queen party). In your opinion, was this commotion and this division of feeling the result of Mr. Fenton's proceedings ? —I think that the line of demarcation between the two parties was made more distinct by Mr. Fenton's suggestions to some of the chiefs of the Queen party ; and I also believe that the formation of these parties was the means of keeping the Waikato in a state of agitation. 175. Has the line of demarcation between the two parties become less defined since Mr. Fenton left ?—lmmediately after Mr. Fenton's departure, the agitation ceased. I believe the line of demarcation is not so defined now. 176. Had the flagstaff meeting, at Ngaruawahia, taken place before or after Mr. Fenton's departure ?—The last great meeting at Ngaruawahia was long after his departure. 177. Up to the time of his residence there, had the King been proclaimed ?—There have been three large meetings about the King : I do not know at which meeting the installation was proposed. 178. Are you aware whether there was any agitation in Waikato about the election of a King before Mr. Fenton was appointed there ?—The question was not much mooted in the Waikato district. There had been some suggestion made to Potatau by other tribes, the Ngatihaua of Matamata and the Ngatihinetu and the Ngatiapakura, to become an arbitrator between them in some quarrel connected with land in the Waipa district: but Potatau, in the various conversations I had with him about that period, declined having anything to do with those tribes except merely as an arbitrator. 179.. Then before Mr Fenton's appointment was there no King and Queen's party in Waikato ? —There was no broad line of demarcation at that time between parties ; the Waikato tribe was united. In any dealings that I had personally with them I did not recognise any parties. 180. As far as your knowledge extends, at what date were meetings commenced to be held to discuss the election of a Native King ? —I came quite unprepared with dates. 181. Are you aware whether many meetings to that effect have been held?— Many have been held: I do not know how many. 182. My object has been to learn from you whether an agitation had not occurred prior to Mr. Fenton's appointment, for the election of a King ?—'There was undoubtedly much discussion : but not much agitation. 183. Do you form this opinion from your own observations taken on the spot, or the result of what you heard ?—The opinion was the result of almost daily communication either oral or written, with the principal chiefs of Waikato : either here, or at Mangere, or sometimes at Waiuku and Waikato. 184. Have you read Mr. Fenton's Report ?—I have. 180. Will you refer to the paragraph in that report which refers to a " previous minute" of Mr. Fenton's; are you acquainted with that minute ?—Yes, I recollect Mr. Fenton's previous minute. 186. Who was it addressed to ? —I do not know : I think it must have been to the Colonial Treasurer. 137. Do you know if it is extant now ?—I presume of course it is extant. To the best of my recollection it was in the hands of the Colonial Treasurer, and was received just previous to my departure for Hawke's Bay. Ido not know in whose custody it is. 188. Was it not a record of your Department ?—I do not think it was. It should properly have been recorded in my Office; but there was an exception from the usual rule in the case of Mr. Fenton, and he corresponded direct with the Colonial Treasurer. 189. Is not your Department under the Native Minister ?—I do not know whether my Department is under the Native Minister. It forms part of the Government, of which he is a member, but is more directly under the control of the Governor. 190 You have said you are acquainted with Mr. Fenton's Report: will you state what is your opinion as to Mr. Fenton's system, as given in that Report ?—I will state my views on that subject in writing.

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