E—No. 2.

6

FURTHER PAPERS RELATIVE TO

is plain that it was assumed by the Government that if Teira's right existed at all, it was of necessity an absolute right, excluding all control over his acts by the rest of the Tribe or the Chief. That it was the purpose of the Government to disregard all claims but those of the individual holders, is clearly shown in two official letters written on the 2nd April, 1859. Teira had written to the Governor on the 15th March, saying:— " Friend. It is true I have given up Waitara to you ; you were pleased with my words, I was pleased with your words. It is a piece of land belonging to lletimana and myself; if you are disposed to buy it, never mind if it is only sufficient for three or four tents to stand upon, let your authority settle on it, lest you should forget your child Teira." The Assistant Native Secretary wrote in answer: " The Governor consents to your word, that is, as regards your own individual piece, but be careful that your boundary does not encroach upon the land of any person who objects to sell ; that is, let it not be included within the boundaries of that you publicly offered to the Governor in the presence of the Meeting held on the Bth day of March ; but consent will be given to the purchase of land that belongs to yourself." The same Officer wrote on the same day to Wm. King: " Word has come from Te Teira, offering for sale his piece of land at Waitara. The Governor has consented to his word, that is, as regards his oion individual piece, not that which belongs to any other persons. The Governor s rule is, for each man to have the word (or say) as regards his own land; that of a man who has no claim will not be listened to." (Papers E. No, 3. pp. 4 & 5.) The seller was cautioned not to include in his offer any land belonging , to any other member of the Tribe. It was at the same time intimated to the Chief, that no claim, but that of the individual holders, would be allowed ; that no right would be recognised in the Tribe or in the Chief. The original principle stated in the Governor's speech at Waitara, now acquired a distinct meaning. In ttemselves, those words of the Governor were very general and vague. They appeared to enunciate little more than this, —that a man, who had no lawful right to interfere, should not be allowed to interfere. Persons, who read these words at a distance supposed them to refer to an apprehended interference of the King party from Waikato. On the spot they were better understood. The contemporaneous and subsequent proceedings of the Government furnished the interpretation. They were seen to be aimed, not against the interference of strange tribes and strange Chiefs, but against the rights of the tribe itself, and against the interference of the Chief in the affairs of his own tribe (29). That which was darkly intimated by the Governor (30), was broadly and plainly put forth by Mr. McLean, in the following notice, given to some of the Waitara Chiefs about the same time. (E. No. 4. p. 17.) « Nga Motu, March 18th, 1859. "Friends —Chiefs of Waitara, — " Salutations. This is a word of mine to you, That you should make clear your portions of land lying within the block which has been ceded by Te Teira to the Governor. " You know that every man has a rigid (of doing as he pleases) with his portion, and no man may interfere to prevent his exercise oj this right as respects his portions, for the thought respecting his oivn is with himself. This is a word of mine to you, lest you should, without ground, interfere with Te Teira and Te Retimana's portion, as they have consented to sell their portions in the presence of the people, and in open daylight; and the arrangements with him respecting his (land) will shortly be completed. We do not press for what belongs to others, because the thought respecting his own piece is with each. " Now do not you be displeased with him without a cause, for his arrangement will tend to make, matters clear." To Wiremu Kingi Whiti, WiREMU Nga Waka, Patukakarikx, and to all the men of Waitara. 5. Was the principle thus enunciated by the Government, intended to apply to all the Native Tribes throughout the Island, or to the Nga/iawa Tribe only (31)? The earliest statement, by the Governor himself, of what was supposed to be the rule as to the alienation of Maori land, is to be found in the Despatch of 29th March, 1659: " The right to sell land belonging to themselves, without interference on the part of the Chiefs (not having a claim to share in it) is fully admitted by Maori custom." In the Governor's view then, the supposed rule did not rest on any special circumstances connected with Taranaki or the Ngatiawa Tribe, but on Maori custom in general. And as a general principle it was understood by the colonists at the time. No one can have forgotten how the "new policy" was vaunted in the newspaper's. It was a great step in advance, that abrogation of the tribal right. It was noble and chivalrous — a deliverance of the oppressed—the suppression of a sort of feudal tyranny. Moreover it was profitable (32). Large tracts of land were to be obtained by means of it. That the same view of the meaning of the " new policy," was taken at New Plymouth, appears from the following passage in a Memorial presented to the Governor by the Provincial Government and Settlers of Taranaki. 25th April, 1860. (E. No. 3. p. 43.) " The opposition of Wiremu Kingi to the sale of Teira's laud has been uniformly based by him, not on any unsatisfied claim on the said land of his own, or of any other member of the tribe, but on his pretensions, as Chief to control the sale of all lands belonging to his tribe. The exercise of such an authority, with the consequences necessarily flowing from it, is incompatible with Her Majesty's Sovereignty in this colony, and most fatal to the interests of both races. " The present war has been undertaken by your Excellency, in consequence of your determination to uphold Her Majesty's Supremacy, in opposition to the aforesaid lights claimed by the Chiefs of tribes; and the conclusion of any peace with Wiremu Kingi, or any other native Chief by which