THE Daily Southern Cross.

Daily Southern Cross, Volume XXXII, Issue 5261, 23 August 1876, Page 2

THE Daily Southern Cross.

IiUCEO, NON UHO if I have baon extinguished, }U there ri»i A Uwuiwud beiuous Irom Ut K^vk 1 bor*.

WEDNESDAY, AUGUST 23, 1876.

We again revert to the question of our dealings with Native Lands, not only because it is of vital importance to the settlers of the North Island that a landed estate Bhould be acquired for European settlement, but, also, for the reason that, we believe, if Parliament succeed in framing and passing an Act which, while securing the just rights of tho aboriginal owners, will enablo the matter to bo finally settled, the great cause of strife and contention between the two races, which now more or less obtains, would be effectually removed. Tho attention of the whole Colony has now been directed to thi3 subject, and we consider it to be a duty we owe to the public to contribute our mite of information, and make some suggestions with a view to inducing those who are better acquainted with the working of the various Acts relating to lands to also come forward and add their quota for tho general good. As we cannot deal with this important interest in tho compass of one article, we in this one propose only to givo a resume of tho various processes of acquiring lands which have from time to time boon resorted to. Having done thia, we intend in future articles to indicate a course of action for \ the purposo of remedying some of tho defects which have been found to exist. The natives claim to possess this country through tho right of discovery, and appear to have come to it from Hawaii (Hawaiki) about seven hundred years ago, or shortly after tho invasion and conquest of England by William the Norman. There were several canoes, which contained tho ancestors of many of the tribes now inhabiting the country, and of others who have become extinct, owing to the wars which were constantly waged between them. These feuds, according to tho Maoris, invariably arose eithor about "land or women." Tho canoau, if tho oral traditions of the Maori are to bo believed, landed at different places on tho New Zealand coast, and the immigrants took possession of tho land. At first there was no fighting ; but, when tho people became numerous, their necessities compelled them to go further atield to procure supplies of fern-root, fish, birds, &c. Consequently, the whole country became occupied, and was claimed by geparate tribes and families. Disputes arose as to boundaries, the strong oppressed and robbed the weak ; land became more valuable as the population increased, and it resulted in sanguinary wars, and sometimes m the total extinction of the owners. Land which was acquired by conquest was at once dividod among the conquorors ; tho boundaries of each holding were determined, and thus the whole tribal territory became partitioned. Thia was the position of affairs when Tasman came to New Zealand ; and it may be interesting to know that the people who killed his boat's crew at Massacre Bay, near Nelson, wero subsequently exterminated by natives who migrated from the North Island. After Cook's voyages, European sailors, whalers, and others began to settle in the country, and as Maori chiefs were rather proud of possessing a Pakeha, especially ir he hud plenty of trade goods, they offered overy facility for the permanent location of tho white foreigners, by giving them land and marrying them to their daughters. Tho missionaries followed, and they also purchased largo tracts of country. So far everything went on well between the two races, because at that time the Maoris wero the dominant body, and wo wero content to bo " their pakehas. " Land had always been prized, and in haianguing their people the chiefs would point out with pride the extent of tho tribal estate, and extol the bravery of those who had conquered it. The advent of tho Europeans, who brought many articles which were useful to tho Maori, and which were given in oxchango for land, also intensified their desiro to claim it, and, at the same time, increased their idea of its value. Tho tune was, howevor, drawing near when a new state of affairs was to arise. Companies were formed in England to purchase and settle the lands of Now Zealand ; and tho Home Government sent Captain Hobson to assume the Government of the islands. Previous to 1840 the Europeans residing in this country wero, as wo have previously stated, the " Maoris' pakohas." The difficulty which has since arisen has been through their jealousy of our increasing powor, and their dislike to bocommg "our Maoris. " The Treaty of Waitangi was ontorod into between Governor Hobson, acting on behalf of her Majesty on tho one side, and largo numbers of Native Chiefs throughout tho Colony on the othor. Tho Quken undor this treaty acquit ed tho same sovereign powers as the Maori Chiefs then exorcised over their respective tribes and people. Tho natives were to bo protected in their rights to their lands, forests, fisheries, and possessions, and the Crown became entitled to a pre-emptive right of purchasing Buch lauds aa the natives were willing to sell. Tho New Zealand Company was then engaged in land purchaso operations at Wellington, Taranaki, and Nelson,— and tho Government at tho same time entered tho land market in this Province. Shortly after this Captain Wakefikld, an agent of tho Now Zealand Company, employed surveyors to lay off sections at Wairau, now Marlborotigh, before tho title of tho Ngatitoa tribe had been properly extinguished. This culminated in the Wairau massacre, when Captain VVakkfiei.J), Mr. Thompson, a Resident Magistrate, and .several loading settlers wore killed by Tk Raupakaha, RANduiAKArA, and their people. This offence was condoned by Governor Fitzroy, and wo lo«t prestige from that day in the eyes of the natives, who also learned that we wero I very anxious to acquire their lands. In 1845, tho natives of tho Ngapuhi tribo residing to tho north of Auckland commenced a war with us. This arose more from their objecting to our rule than out of any question which had arisen about their lands. In 1847, Ran<;ihahata and some tribes at Wanganui and Wellington commenced hostilities in that poition of the Colony. There wore several reasons for thia attack on us, and, ul though tho land queation did not prominently appear, it was not wanting in influencing the natives in the action they took. The Crown objected to lands being purchased by private pewoni, and the claims of those who were in powtsnion of e»tate

before 1840, and of those who had bought during n s ] lor t period when governor Fir/Rov waived tho Crown's right of preemption, were inquired into by Commissioner* appointed for that purpose. The title of the New Zealand Company was also investigated. A Land Purchase Ordinance was passed, which enacted that any private person purchasing lands from the natives would be liable to a penalty of JL'IOI). Under this Act ofticors wero appointed to buy lands for tho Government. Land purchase oper.itions wore carried on, and the natives soon been mo aware of the fact that tiio country Was passing from their hands and into ours. Meetings were held throughout this island, and it was agreed to form a land league, and resist the en- | croachment of the Land Purchase Department. It was next proposed to elect a king. Many chiefs weie suggested, and it was hnally arranged that Te Wherowhkko (or Potatau), tho principal chief of Waikato, should bo tho head of the Land League party. There were some natives who objected to this arrangement, ;md continued to sell to tlu Government. The Land League paity took action first at Taranaki by killing Kawiri Waiaua who was surveying a piece ot land of which he and his slayer, Katatorr, wero the joint owners. In Governor Browne's time tho celebrated Waitara purchase was mado. This was resisted by Wiremu Ki\(ii, and our military force was called out to take possession of the block. Then commenced the Taranaki war of 1800. Tho natives then said, " Now wo know ! tho Europeans wish to take our lands by fighting for them ;" and the sympathies of | nearly every native in the Colony wore with the Ngatiawa of Taranaki. Tho Waikato and Ngatunaniapoto tribes joined m fighting against us at Taranaki. A peace was made by William Thompson ; but it was not of long duration, for in 1863 we found oursolvos fighting at Taranaki and also in Waikato. This did notarise immediately out of any land question, but it was undertaken with a view to Ciirb our power, and resist our occupying for Government, or other purposes, any part of tho Waikato District belonging to loyal natives. The tirst war at Taranaki caused the Legislature of the Colony to direct its attention to tho Native Land Purchase question ; and, with a view to prevent mistakes arising as to title, and to obviate serious disputes, it was deemed advisable to establish a tribunal to investigate native claims to lands. A Native Lands Act was passed. Tho Native Land Purchaso Ordinance became inoperative. Tho Crown waived the preemptive right it had acquired, under the Tioaty of Waitangi, and private persons could legally purchaso after tho Native Lands Court had ordered a certificate of title to issue to tho persons who had been adjudged to bo the rightful owners according to native custom. This Act, however, contained a provision which taught tho natives to bo dishonest in land transactions. It set forth that any dealing for the salo or lease of land made with a native before the issue of a certificate of title, should bo null and void. Tho natives had no money to make surveys, or to employ agents to aid thorn in procuring a title, and in selling the land. Sometimes a pressing want induced them to offer land for sale ; and it became the custom for purchasers to make advances " on account," pending tho investigation of the titlo. Unscrupulous persons who were acquainted with tho law, soon told tho natives that these transactions were illegal ; that such agreements wore not binding ; and that tho pakeha could not recover the money he had paid. Tho native was induced to take a higher price than that first arranged for, and thus was inculcated a dishonest system in dealing for land, and natives came to think lightly of repudiating agreements which had been fanly though not strictly legally mado. This was a course which they had not pursued in the earlier days of the Colony. Very laigo areas of land passed into the hands of private persons through tho establishment of tho Native Lands Court. The old Land League party, who by this time had embraced tho new religion of Hauhauism, however, kept aloof, and declined to attend tho sittings of the Courts, or support their claims thoro. Some difficulties also arose from natives, the names of whom had been placed in tho Crown grants as loprosentative men, or </Husi trustees, and who sjld the land, and either rotamed all tho proceeds for themselves, or divided them unfairly among thoso who wero interested with them, but whose names did not appear in the grant. When tho Public Works scheme was brought into operation, it was deemed advisable for the Government to resumo tho purchase of native lands, and with a viowto preventing interference with their operati«ns, the Immigration and Public Works Act was passed, which, among other provisions, empowered tho Govkknor to proclaim districts ho intended to purchase. By this Act private porsons woro precluded from buying land for two yoarB from the date of tho proclamation. This sudden chango of policy interfered with many persons who wero purchasing or wero intending to purchase land from tho natives, and very activo hostility was shown towards tho Government agents by persons who had been thus disappointed. With a view to remedying sumo of tho defects complained of by tho natives in the Native Lands Act, 18G5, and tho viuious Amendment Acts, the Native Lands Act, 1873, was passed. Thin, howover, doe3 not appoar t» have worked satisfactorily, and tho Government purpose bringing forward a new measure Such is briefly tho history of the various methods pursued heretofore in dealing with native lands. Tho subject is a largo one, and in future articles wo purposo, as wo have said, to suggest what seem to us to be practical remedies for some of tho defects which are now found to operate disadvantageously.

I K utter Hlavory wero the penalty of froo m8titutionB, if to be elected a momber of Parliament ia to bo compelled to bo a Borf and a puppet, and to be Hiibjcctod to the most astonishing contumely fiom a body of Belf-clected persona, who shall order the momber about as if he wero a horao, a dog, a footman, or a chattel,— if these wore the acknowledged results of logislatorial honouis, wo could thon understand the resolutions forwarded by Mr. Surra, the Chairman of the Central Committee, and alao chairman <>f Mr. Tonkh' lato Election Committee. A more insulting, tiuculcnt set of resolutions were never forwardod to any man who has a bouI to bo saved or a nose to bo tweaked ; and how this eminent C.C.C. could send such a domineering and insolent message to a mombor of Parliament who had tho slightest pluck, is puzzling to conceive. If Mr. Tonks is the man we tako him to bo, ho will roBont with Hcorn the insult thus heaped on a member who, as Mr. Cadman said, "should not go to Parliament as a more delegate, but an a free, unfottored and independent man, bound only to the views ho expressed on tho day of Ins nomination. " What is this Election Committee ? It ciimo into oxistenco to carry out Mr. Ton km election for City West. Like all such bodies appointed for a specific purpose, when

that purpose is fulfilled they aro dissolved. TJut hero is a system of tyrannous assumption of lordly power of a score of men, commanded by Mr. J. M. Shera, C.O.C., and who, under his judicious and influential guidance, congregate together and pioceed to lord i* over the electoral heritage and strive to make a peifcct serf of the electoral ropreaout.itivo who i» responsible to the electors at large and not to a "self-resunectod " body. How a manly sonso of decorum —not to aay justice — could permit anyono to sond such insolent a)id dictatorial telegrams to any member of Parliament, possessing any self-respect, we cannot conceive. Mr. Tonks made a very cautious speech at the nomination, as the following extracts will show. He said : — " I think it rather difficult to sneak of any policy, because the policy of the Auckland mombers, or what I Hhould call the Opposition, has not bn n mails public, further than th« resolutions of Mr. Whitakkr. If you olect mo, and tend mo down theie, and I find there is a fair chuace of those 1 evolutions boing cariied, I shall certainly voto for them. For if we can get the Land Fund tin own into the Oolonial Revenue, and [let a iiiutcil (otaitif, I ihall totr foi their bcintj /hi sued. It hai bien said that I aui in favour of Abolition, I .stand before you to day and tell you I c.uinot say whothei I am 01 not. It depends upon what toi inn Abolition is paused. Ft n fill ml// <( qii<»liuH of ti mix. If the other Piovinces, the Northern with the Sou them, can obtain or find that their best chance for obtaining justice for the North and for the Sou tli is by obtaining Abolition, why, then, shall I bo in favour of it ?" He thon shadowed forth some ideas of his own, referring to the two Provinces scheme, to land-dealing, roada, taxation, &c. ; but he distinctly closod his speech deprecating being takou as pledged, and not even binding himself to adhere to those views ho had previously expressed. This is how his speech closed . — " If I come before you and make pledges and promises and go South and find that the Auck land mombeis aie opposed to my views, that will place me in a very false position ; thcrefoio, though I have jotted out the policy which I should like to puisuo, I don't bind myself to that, at all further than that I bind myself to support the utittul Amklund members. (Grctt cheering.)" The Auckland members are now very much disunited. There is, wo believe, no record of a member boing made the recipient of such a discourteous and i bullying telegram as that transmitted to Mr. Tonks by Mr. Siieka ; and in onI sideling his speech, the tone assumed in the resolutions is such as would warrant Mr. Tonks in returning the document without a word of comment. Talk of liberties ' why, the liberties of the electors aro sought to bo seized on by a small body of self-elected men, presided over by Mr. J. M. Shkra. In sooth, we we getting too much of Mr. Sheka, and Mr. Shkka is getting " too big for his boots."

Sum K further information regarding the position of matters as respects the Opposition tion and the disunion among the Auckland members, will be found among the telegrams of our own correspondents. All that has been published in the Cross since Friday last has proved to be substantially correct, as shown by our correspondents, who are well versed in affairs, and have good means of obtaining early and accurate intelligence. The Counties Bill passed its second reading yesterday without a division, and, no doubt, will emerge from the ordeal of committee so changed, that, as the poet says, " the mother that him bore had scarcely known her child."

A telegram has been reoeired from London by the authorities of the National Bank of New Zealand stating that the annual meeting had been held, and it had adopted the report of the directors. A dividend had also been declared at the same rate as formerly, that is at six per cent, per annum. This report is for the third year of the bank since it came into existence, and considering the brief period of its existence it speaks well for the increase of financial business m New Zealand that ho many dividends have bue u declared for the three years. From the 27th of May to the 30th of June the expenditure on the Auckland and Mercer Railway was £4,372 17s. lid., and the receipts £2,087 13a. Id., showing a Iosa of £1,685 4a. 10d., at the rate of from £7,000 to £8,000 per annum. Steps are at prosent being taken by the Waikato aottlors to have regular cattle sales at Oliaupo, ho that all the store cattle in the district m.vy change hands thoro and save the expense and delay of bringing them to Auckland and taking them back again. A committee has been appointed to carry out improvements in the Hamilton West cemetery. Next Tuesday evening a musical and literary entertainment will bo given in tho Congrog&tional School-room Newton, for the bouefit of the funds of the Sunday-school which meets in that place. One of tho immigrant* bjr tho ' fiebmgton' will bo brought before tho Police Court this morning, to answer a charge preferred against him for disorderly conduct. In the police cells last night there wore two drunkards and one individual who was charged with wilfully breaking a sewage pipe belonging to Messrs. Carder Broe. Tho usual meeting of tho Harbour Board wai held yesterday afternoon. Amongst tho proceedings was tho reading of lottern as to the conduct of Captain Ferries, the master of tho mail steamer ' Zoalandia * to tho chiof harbour-master, It was statod that legal proceedings would be taken in tho matter. In consequence of many of the members being in attendance at tho funeral of the late Mr. Diuthelm, the chairman recommended the postponement of tho consideration of any subjects of importance till the next meeting. Tho monthly flitting of tho Court of Potty Sessions waa held yesterday. Tho justices piesent were (}. M. Mitford, A. K. Taylor, Major St. Clair Tiadall, P. A. Philips and J. C Sharland. An unusual amount of business was disposed of. Tho only important ones, however, were tho quarantine case, and a charge of forging and uttering against Sandhurut Morlield Hall. Tho quarantine oflcapoe, John McLeod, was ordered to pay a line of £5 and £3 12h. coats, and Hall was committed for trial at the next session of tho Supreme Court. The City Council having resolved that the ordinary annual rate and tho special water rate should, for tho convenience of ratejiayoiH, bo colloctcd half-yearly instead of yearly as heretofore, it becomes necessary that the rates should bo paid with punctuality to enable the Council being placed in funds for ordinary expenditure. Wo are requested to remind ratepayers that all rates must bo paid within fourteen days after receipt of rate notice ; those who fail to pay will render themsolves liable to legal expenses. The body of an infant has been found at Burwood, near Sydney. It was proved at the. inquest that death was caused by auilocatiou. ' • Atticus " wi ite* in tho Melbourne Lradrr "A squatter on tho western side, who boaistho reputation of being a thoroughly respectable, religious, and Cod fearing mail, in surrounded by fiee selectors on every Hide, anil very sensibly tries to mako, or as they put it get, tho boat of them His purso is always open to a call upon it, but lie docs not sutler by Ins open-handeduess. lie lends out €100, and takes ample security that he will bo repaid £110 at tho year's end. Some time ago, when potatoes were 3s. Gd. per cwt., ho borrowed 1801b. from one of his fn c selecting noighours. The other day he sent back OOlb. as payment in full of the loan. Tho creditor remonstrated. That Was only have the quantity that was lent. 'True,' said tho squatter, 'but now you know potatoes are fetching 7s a cwt !' It may be, pet haps, unnecessary to state that the squatter ia question was a Scotchm a»."

The limits of the Thames and Ooromandel slaughter-house districts are proclaimed in a ProiuiK ml (lovernment Uazi'td'. The Auckland Municipal Police Act, 18G6, has been brought into operation m the township of (Coromandel. The boundaries of the following Educational district, aa amended, have becu gazetted • — Te Awamntu, Ohaupo, llaugiohif>, and Paterangi. At the recent meeting of the Victorian Medical Society, Dr. Day submitted a letter received from Dr. Motlitt, of Sydney, "On the treatment of scarlet fever by Dr. Day's method." in the discussion which ensued, testimony was generally borne to the efficacy of the ozoniscd-lard inunction plan.

Messrs. Fisher and Co. intimate that thoir now premises will bo opened on Friday first, with a magnificent supply of moat. Messrs. T. ami H. Cooke have now removed to their new premises next to the lUnk of New Zealand. They have a large assortment of all kinds of house requisites. The annual meeting of the shareholders in the Caledonia Goldrmning Company is to be held on the 30th instant, at noon, in the office of Mr. Chas. Tothill, Shortland-street. The annual general meeting of the shareholders in the Golden Arrow Goldmunng Company is to bo held at Grahamstown, ou the 28th instant, for the election of directors, &c. To-day Mr. R. Arthur will offer for sale the large* and select nursery stock of Mr. Macdonald, at Newmarket. This is the first largo auction sale this season, and those wishing to replenish their gardens or orchards should avail themselves of the present opportunity. A special meeting of the Auckland Branch of theH.A.C. U.S. is to be hold thia evening in St. Patrick's Hall, for the purpose of electing a trustee. A meeting of the trustees of the Auckland Savings Bank is to be held on Friday at 3 p in. Messrs. B. Tonks and Co. are going to sell to-morrow a consignment of Fiji sugar ex ' Augusta.'