G.—9

13

I cannot say, of my own knowledge, whether Christopher Anglem died before the purchase of Stewart Island; the brother, however, would be entitled to succeed to his share under the general promise to half-castes. AVith reference to the suggestion contained in Eeturn D, concerning the Chaselands and Lowrys, I was under the impression at the time that the language of section 4 was sufficiently ample to enable the Governor to deal with other cases of similar character besides those of the persons specified in the Schedule to the Act, but, on looking more closely at its construction, I find that I was mistaken. My chief motive for suggesting that a certain course should be pursued in regard to the case of the aforesaid families, who appeared to me to be disqualified from participating in the general distribution in favour of half-castes, was to obtain for them the provision in land, which was evidently intended to be conferred on their parents as old residents. The list of 1868 was merely an amplification of the one made by Mr. Commissioner Clarke in 1864, compiled from the most reliable information then obtainable, but was not considered as an exhaustive one, nor had any question of quarter or three-quarter castes arisen at that date. The matter came to be considered in the first place through the half-castes drawing attention to it themselves at the time the adjustment of the land at the Neck was made by Mr. Pearson. These people contended that they had always understood that the promised provision was confined to half-castes proper, and that the children of half-castes were not intended to share with their parents, but if, as they justly argued, the principle was to be relaxed in favour of the few families living at the Neck, the families of those born at other parts of the island were surely entitled to a similar concession; and it was in acknowledgement of the justness of their conclusions, combined with the impression that the Government did not originally intend to make provision in land for the second generation, that I suggested, in Eeturn D, that certain alterations should be made in the allocation of the land at the Neck, with a view to prevent an unintentional injustice being done to the majority of the half-caste families. Moreover it appeared to me that no good reason existed, because the names of those persons who appeared to be disentitled under the general promises had been accidently included in a former list, they should therefore be entitled to receive a greater concession than was likely to be extended to others, besides making it probable that, if these particular cases were exceptionally treated, it would open the door to a large number of claimants of a similar class. If, however, the Chaselands and Lowrys could have been apportioned land in consideration of the residence claims of their fathers, the whole difficulty would be got over, as the justness of their claims was fully recognized. I enclose the alphabetical list of claims under " The Stewart Island Grants Act, 1873," showing the distinctions you desired should be made (E). I also include a copy of the original list made by Mr. Commissioner Clarke in 1864, on which the list of 1868 was based (F). At the foot of Mr. Clarke's original list, the following note is appended: " These were resident at the Neck in June last, but there are others residing at Ruapuke and the Blurt' who, I think, may fairly claim with the rest. I would suggest that the gentleman who is to be charged with the supervision of the Natives in the Middle Island be requested to make out a correct list." The suggestion was ultimately carried out in part by me in the early part of 1868, but, in forwarding the list of claimants then obtained as a preliminary step towards effecting a settlement of the claims, I did not anticipate that anything final would be done until further inquiry had been made as to the accuracy of the names enumerated therein. With reference to the instructions contained in your letter of December 23rd, that the several classes of claimants should be kept separate, the matter shall be attended to in the manner you suggest; and, so soon as I can obtain the necessary information to complete satisfactorily the several lists you have enumerated, the papers shall be forwarded to your department. The list of outstanding applications furnished by Mr. Mantell in 1854 can hardly be accepted as conclusive evidence that the additional names now sent in are those of claimants who were not residing within the purchased blocks, for in a census taken by Mr. Mantell in 1853 there are 53 half-castes, only 9of whom are included in the list of 1854. Some of the persons named in the census of 1858 were living at Ruapuke, but so were also the Native owners of the Murihiku Block, amongst whom were no doubt the maternal parents of the mixed race ; for although these people were not actually living within the boundaries of the block, the promise to provide the half-caste population with land would probably extend to them through their mothers' claims to the territory. The majority of the present claimants must have been residing at places within the Murihiku or Ngaitahu Blocks at that date, and at Banks Peninsula, as there were but few Natives living to the nortli of Christchurch then. I regret that the correspondence has remained so long unanswered, but press of work has precluded my doing so until now. I have, Ac, The Hon. H. A. Atkinson, Alex. Mackay, Lands Claims Commissioner, Wellington. Commissioner.