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English
Ryan sails today for Napier in ''Keera''. 24th. Dear Maclean, You need not apologise for not answering my notes - During Session I dont expect any. I have been talking to Clarke about Maketu - I wish you wd. authorise him to see the natives and arrange for a township being laid out there, and allotments made to each owner - The Court would ruin them with fees - The titles will be to small pieces 1/4 of acre 1/8 and so on. If you run arbitrary lines and then let them draw lots of allotments that will be best. The Court can finally sanction and order the whole arrangement afterwards - As that wd. take little time we cd. put in almost nominal fees on each order - the great number of allotts. (500 perhaps) producing altogether a fair fee. Clarke will write you. Another matter - I very much regret that Mr. Fox did not distinctly tell Gillies that Govt. cannot consent to an alteration of the act in the direction he desires. Private persons, for the sake of the Natives the public and the Court itself, have the sanction of law to dealings with Natives before the Ct. sits. They must do it, as they do now, at their own risk. My reasons are numerous and strong - looking at the question as a Judge - Regarding it as a politician they are also strong. The Ct. has by law (common and statute) the right of premption, and I think as it has surrendered some of that right, it is fairly entitled to the privilege of making valid contract before sitting of Court; a privilege from which private persons are excluded. By that means you will be able to get land for your colonizating scheme. If you were to forbid private purchase altogether (I mean supposing, of course, public opinion allowed such a thing) you would get no land at all - The Natives would shut up altogether but by having this preemption right you will get any quantity you require. On every ground I can think of I am strongly against Gillies' notions - I felt a little hurt at Mr. Fox's remarks - A new Court like this, dealing with such a difficult question as native land titles, cannot be expected to work like the Supreme Court - that every body is born to revere - We had to establish our position reputation, and influence over the Native mind, and I do think we have done well. I never expected at the commencement that we could have carried on without a single row, that our decisions would be obeyed without question, and the . We shall see what his commission will do. Very truly yours, F. D. Fenton.
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Permanent link to this item

https://paperspast.natlib.govt.nz/manuscripts/MCLEAN-1011943.2.1

Bibliographic details

5 pages written by Francis Dart Fenton to Sir Donald McLean, Inward letters - F D Fenton

Additional information
Key Value
Document date
Document MCLEAN-1011943
Document title 5 pages written by Francis Dart Fenton to Sir Donald McLean
Document type MANUSCRIPT
Attribution ATL
Author 32232/Fenton, Francis Dart, 1828-1898
Collection McLean Papers
Decade Unknown
Destination Unknown
Englishorigin ATL
Entityid 8
Format Full Text
Generictitle 5 pages written by Francis Dart Fenton to Sir Donald McLean
Iwihapu Unknown
Language English
Name 32232/Fenton, Francis Dart, 1828-1898
Origin Unknown
Place Unknown
Recipient 4809/McLean, Donald (Sir), 1820-1877
Section Manuscripts
Series Series 1 Inward letters (English)
Sortorder 0005-0022
Subarea Manuscripts and Archives Collection
Tapuhigroupref MS-Group-1551
Tapuhiitemcount 60
Tapuhiitemcount 2 14501
Tapuhiitemcount 3 30238
Tapuhiitemdescription 57 letters written from Whaingaroa, 1857; Auckland, 1862-1875 and undated. Includes one letter from Fenton to Fox, 1872.
Tapuhiitemgenre 3 230058/Personal records Reports
Tapuhiitemname 16423/Fox, William (Rt Hon Sir), 1812?-1893
Tapuhiitemname 3 4809/McLean, Donald (Sir), 1820-1877
Tapuhiitemref MS-Papers-0032-0267
Tapuhiitemref 2 Series 1 Inward letters (English)
Tapuhiitemref 3 MS-Group-1551
Tapuhiitemsubjects 3 1446/New Zealand Wars, 1860-1872
Tapuhiitemtitle Inward letters - F D Fenton
Tapuhiitemtitle 2 Series 1 Inward letters (English)
Tapuhiitemtitle 3 McLean Papers
Tapuhireelref MS-COPY-MICRO-0535-052
Teiref ms-1344-067
Year Unknown

5 pages written by Francis Dart Fenton to Sir Donald McLean Inward letters - F D Fenton

5 pages written by Francis Dart Fenton to Sir Donald McLean Inward letters - F D Fenton