BEFORE THE WAIKATO COMMITTEE.

F—No 3

Mr. Fenton was accordingly appointed Resident Magistrate for Waikato, on the recommendation of His Excellency's Responsible Advisers, and paid his first official visit to the district in July of that year, under instructions from the Colonial Treasurer. Mr. Fenton went from Auckland via Manukau, but omitted to call on the principal Chief, Potatau, at Mangere, on his way. This was looked upon as a slight by the old Chief, which he did not forget. After Mr. Fenton's return from a circuit in the Waikato, occupying six weeks, it was found that considerable excitement prevailed in the district; that the people were becoming divided into two parties, as Queen's men and Maori King's men; that the Magistrate was regarded as the counsellor and prompter of the former; that a spirit of bitter opposition had sprung up between these two parties, which threatened sooner or later to bring them into mutual collision; that while one built court-houses, the other was preparing to build a house for the Maori King; that a further cause of dissension had arisen out of the proceedings of some of the socalled Queen's party, who proposed, with the assistance of the Government, to sow certain waste lands with grass seed, and to introduce sheep into the District, contrary to the wishes of many of the influential Chiefs; that the Government was supposed to identify itself with this party; and that the latter claimed the support and exclusive consideration of the Government.* The Chief Tamati Ngapora and others, stated their opinion that Mr. Fenton's proceedings in the Waikato had been productive of much harm, and that the King movement had been greatly strengthened thereby; that much dissension and animosity had been produced in the district, and that they considered it advisable that a Magistrate should not return there for the present. The state of feeling in the Waikato during Mr. Fenton's first visit is indicated in the Journal kept by him during the period, f from which it also appears that his communications were restricted for the most part to one of the two parties. From this journal it would seem that Mr. Fenton was fully aware of what was going on,and that in giving advice on various occasions he deprecatedproceedings which appeared to him likely to widen the breach. It does not, however, appear that he took any steps to conciliate the opposite party, but rather that he accepted the position of adviser of the Queen's party, which comprised few if any of the old Chiefs. J

D. McLean, Esq. 22 Oct. 1869,

* Vide Mr. Fenton's Journal, p. 22, entry Aug. Bth.—" Heard the Maories talking about the relaxation of the powder laws. Says one, ' Its only for us, I suppose; King's people wont get any.' ■' Of course,' said the other; 'do you think the pakehas are fools?'" Also p. 23, entry of August 10th.—"They also urged upon me the necessity of Government openly knowing their own friends and discountenancing the Queen's enemies, for that the agitators wereenemies to the Queen's supremacy, whatever they might say to the contrary; that any applications for assistance from hostile tribes should be refused; and that the white menmanaging their mills, &c, should be recalled." f Vide Mr. Fenton's Journal, p. 24, entry Aug. 11th.—"Found Tarahawaiki and the whole of Whakapaku assembled with Takerei and his people, discussing about their cattle, the separation of settlements, and ultimately the sowing of grass. The King party here are doing all they canto discourage this movement, but they will not succeed. They *aid they had'heard that sheep were to be given by the Governor; that that was bad, and was merely to make the Maories tame; that the system of credit was good; that if the wool was sold to repay the money, the bodies of the sheep •would not be discharged from the debt; that the name of the Queen would stick to all the land covered with grass; that they would not have the name of Queen in Waikato; that Taupiri (a central mountain) would go, and a great deal of nonsense of that sort." Also ib., entry Aug. 14th.—" Met a Ngatimahuta, who informed me that Paratene and the other old men of Te Whakapaku had written to Hoani Papita and Ngatihinetu, asking them to send 200 men at once to build the house for Potatau at Ngaruawahia." Also p. 25, entry Aug. loth.—" As it is, we have arrayed with us and the law the most numerous and intelligent body of men, who are sincerely attached to us, and whose pride is now interested in securing success to our views. The difficulty now is, not to stir them up but to restrain them. If left to themselves now, bad blood would arise between themselves, for body is much in earnest, or the other alternative, the loyal men would in a body join the agitators, and carry with them feelings of indignation against us." Also p. 26, entry Aug. 17th.—" Paringaringa has just called, hearing that I wanted a place to build a house on ; offers me any that I like. Told him I was as yet unaware where I should ultimately fix myself. He told me that he and the other owners of Ngaruawahia would not consent to the proposed arrangement, that they would allow no one to dispose of their land without their consent, that they were annoyed with the King party for proclaiming that all the friends of the Queen must leave their lands, and settle on the territory of their sovereign ; that if anything active is done to compel such an arrangement, it would be resisted. * * * * Paringaringa's plan of solution was short and decisive. He said Ngaruawahia belongs to ' myself, Konewhanewha, Ngatimahanga and Ngatihourua. Now I will build a house and you shall live there. We will hoist the Queen's flag, and defend it.' * * * They say 'what you say is true ; but if they were to commence with force to carry out their threats, what then? Shall we resist? If we protect the Governor's dignity, will he protect us? Which offers us the best chance of quiet ? If we join the King, we know the Governor will make no difference in his behaviour to us, but if we join the Queen, we are not certain the other party will not.' " % Vide Mr. Fenton's Journal, p. 22, Aug. 91,h.—"1n the evening there was a meeting of 9 'hapus,' about ■establishing a new settlement where law and order can be carried out without interruption from the Kingites. I thought it better not to attend, but I heard them talking far into the morning." Aug. 10th, Monday.—"Was asked at an early hour to attend the meeting. Takerei said they all expected me to speak, so I told them the usual things ; and that if their relatives persisted in forbidding the entrance of law into Te Whakapaku, there was no other course to be taken but leaving the place to them, and establishing a new settlement; that if the word went forth to kill the dogs, and only part obeyed, what good would be done ; if a mai) was judged by a Magistrate for trespass, and did not obey, we should all fall together; that it must be understood that there was no ill-feeling in it, but a matter of pure necessity, &c. In the early days of Christianity it constantly happened that the Christian party was obliged to leave a settlement and separate themselves, but gradually the Maori party joined them until the old pa was abandoned. So it must be now in extreme cases like this. I then advised them, as they were establishing a new place, to be careful in selecting a good one, and to lay out the village in a regular way, build all the houses of the same size, in a row, with intervals between each, garden, &c. They wished me to take the entire management of it, as they put themselves quite into my hands, but they wished to settle where we then were, at Karakariki. We then went over the land, and I disapproved of the place; land not very good no firewood, &c. So we got into canoes and landed at several places, none of which seemed to combine every advance At last we came to the Maka, a splendid flat ofseveral .hundred acres—fern and koromiko—fine soil, surrounded by'

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