PURCHASES OF LAND FROM THE NATIVES UNDER THE PROCLAMATIONS FOR WAIVING THE RIGHT OF PRE-EMPTION. The New-Zealander.

New Zealander, Volume 1, Issue 23, 8 November 1845, Page 2

PURCHASES OF LAND FROM THE NATIVES UNDER THE PROCLAMATIONS FOR WAIVING THE RIGHT OF PRE-EMPTION.

The New-Zealander.

Be just and fear not: Let all tlie ends thon aims'fc at, be tliy Country's, '1 hy God's, and Truth's.

When 'he proclamation of the 2Gth of March, 1844, was issued, that theCjrown's right of pre emption would be waived over certain portions of land in New Zealand ; that imagrinery boon was clogged with such stringent accompaniments,— as the fee to tbe crown of ten shillings per acre, with various other vexatious unnecessary impediments to amicable arrangements between the Europeans and natives, — that we then augured, as the crown had commenced concession to the natives, stil further latitude would be required by the latter in the sale of their lands. It will be remembered, that on the 10th October, 1844, was issued another proclamation respecting the waiving the crown's right of pre-emption, in the preamble of which it was seated, iv reference to the previous proclamation of the 20th March: — "And whereas the terms and conditions set forth in such proclamation on which the right of pre-emptim would be so named, have in some cases been disregarded, c ther by persons making purchases of land from the natives without first applying for, and obtaining the Governor's consent to waive the right of pre-emption, or by much understating the quantity of land to be purchased from the natives; and whereas certain persons have misrepresented the objects and intentions of Government in requiring that a fee should be paid, on obtain. ng the Governor's, consent to waive the right of pr t -emption, on behalf of Her Majesty, who by the Treaty of Waitangi, nndertook to protect the natives of New Zealand, — and in order to do so, has checked the purchase of their lands, wni'e their value was insufficiently known to their owners.'' {< And whereas the eyil consequences of misrepresenting the motives of government, and asserting that, to be a mark of oppression, — even of slavery :— which is in reality, an effect 0.l parental care : — are already manifest, and are certain to increase seriousl} 7 , if the cause be not removed." "And whereas the natives of New Zealand have become perfectly aware of the full value of their lands, and are quite alive to their own interests, however indifferent at times to those of their children." " Now, &c, &c. ;J We have given the recital of this preamble to show, — in the first instance, that the government were then quite aware that the natives wou'd not suffer any interruption to their bargains with Europeans ; and secondly, that the high tax or fee of ten shillings an acre, was such a prohibition on native sales, that the local government were compelled to succumb to the native pressure from without, and lower it to the fraction of one penny per acreBut of all the twelve conditions put forth in the proclamation of the 10th Ott , 1844, we consider the Jlft h the most objectionable. There are others of the same conditions to which most reasonable objections could be raised ; some of which are rather anaino'ous, and unintelligible ; but we purpose confining our present remarks to the

i fifth clause of the conditions of the proclamation, tjated, 10th day of Oct , 1844. Narnelyr- '* Of all lands purchased from the Aborigines, in consequence of the Crown's right of pre-emption being waived, onetenth part of fair average value, as to position and quality, is to be convoyed by the purchaser to her Majesty, her heirs and successors, for public purposes, especially for the future benefit of the aborigines." Now, be it remembered tbat in England, there has not been a more prolific source of parochial feuds, strife, and ill will, in all rural districts, for centuries past, than the monastic institution of tithes; and it has required combination of the highest legal talent, as we^l as the powerful lever of modern tolerance and enlightened views, to carry out a s\stem of commutation to abrogate an ancient and most tyrannical imposition. With such historical facts on record, we never could understand the sensible plea for this fifth clause of the ordinance; for, if carried into execution, it will certainly engender disputes without termination, — counteract all undertakings of the purchasers of such lands, — and, worst of all, excite in the mind of the natives, erroneous, avaricious ideas of their interest in the property of Europeans. The system of the New Zealand Company, reserving every tenth town allotment and country section, as a native reserve, in the distribution of their lands, we presume was the example followed by the Protectorate here in framing these conditions ; but as it will be obviously evident, the cases are widely different. In the one, every tenth portion is reserved : — in the other, one tenth part of each portion is to be conveyed to her Majesty. We understand that, now, Crown Grants are about to be issued for some o.f these purchases from the natives ; but what endless confusion will ensue, if this senseless condition is carried out. The areas of land purchased under the ordinances to which we have referred., vary ia extent from five, to five thousand acres. As an example, — suppose one of twenty acres, with a narrow frontage comparatively, to the road. — How is such person to convey to her Majesty, " onetenth part of fair average value as to position and quality ?'' Or, take the largest ' purchase, comprising in an area, some thousand acres, various descriptions of land, the most uiluable of which, — and the cause of the purchase of the whole block, may be comprised in one fifth isolated part, — how can such appropriation as prescribed by the ordinance be carried into execution ? With regard to making reserves for the aborigines, we seriously consider that instead of enacting a tenth part of ihe land, it would be far better to allow parties to pay in money an equivalent to such tithe, and let the lands purchased by Europeans, revert to them wholly and without reservation as to title. If reserves of land are considered to be indispensable for the future maintenance of the natives, and it is deemed to be essential to their welfare, that the Government should prescribe the extent of the sales of their lands, — theu let large blocks of the property of each tribe be marked out by the Government, — reserved for their use, — and prohibited- from sales to the Europeans under any circumstances or conditions. But we are of opinion that all restrictions regarding the sale of land by the natives, and the purchase by Europeans, must be very soon put upon a very different system, than that attempted by these two proclamations. Common sense dictates the future policy and measures, — and recent events declare that all enactments of the local government affecting, or assuming a dictation over the property of the natives, are perfectly nugatory. The natives will henceforth do as theyplease with their lands. The Government will neither be able to sell an acre of their own land at twenty shillings per acre, — or to exact any fee beyond the penny, for native purchases. In truth, we consider the whole colony will be much benefited by the adoption of the most simple plan and measures; considering the present relative strength and power o' Europeans with the natives. The natives have been (Iceland by the Treaty of Waitangi, British subjects, — never mind the qualifications of tfig second article, therefore let them sell their land to other British subjects, — and then let the question of good or bad tulej of pu chase, be settled in the usual way.