THE RIGHT OF THE NATIVES TO DISPOSE OF THEIR LANDS.

New Zealander, Volume 2, Issue 57, 4 July 1846, Page 2

THE RIGHT OF THE NATIVES TO DISPOSE OF THEIR LANDS.

We promised last week, to return, as soon as time and space permitted us, to the consideration of the all-important Land question ; and we now propose to redeem the pledge. We approach this subject with a distinct apprehension of the difficulties it involves : but, as we feel convinced that it is one of the deepest moment, — that the past, present, and future history of the colony is connected with it, — and that the moral and social interests of both races are influenced by it, — we desire to enter upon the discussion with all that im-

partiality, and candour, which the paramount importance of the question demands. We have no desire to dictate to the Government ; or to disparage the views of those who differ from us. We rather aim at a just and equitable" solution of this intricate problem ; and shall feel amply rewarded, if we are enabled to clear away some of the difficulties of this controverted question, "and facilitate the preparation of some suitable plan for reconciling, and adjusting its conflicting principles. To have entered upon the consideration of this subject in any other spirit, would, at this juncture, especially, hate laid us open to the severest censure ; because it has already been intimated by His Excellency, that his thoughts are employed in the formation of a system adapted to the exigencies of the case. But there can be no impropriety in recording those opinions, which.a long residence in the country, and an intimate acquaintance with the character of the Natives, have constrained us to adopt. The question is, have the Natives a right to dispose of their lands to private purchasers 1 and is the exercise of that right compatible with the general interests of the colony, and the welfare of the Natives themselves ? The answer must be sought in the terms and conditions of the Treaty by which the Sovereignty was ceded to the British Crown. It is scarcely necessary to notice the unworthy attempt which was made by some of the members of the Select Committee of the House of Commons, to evade the obligations of this solemn compact, by representing the rights and privileges guaranteed to the Natives, as confined to those localities which they occupied or cultivated. As this iniquitous interpretation has been disavowed both by the Government at home, and by His Excellency here, in his address to the Legislative Council, we may take it for granted that the literal interpretation of the Treaty is to be adopted ; and the territorial rights of the Natives, are to be considered as guaranteed to their full extent. Every resident in New Zealand knows, that pioperly speaking, there are no waste lands in the island: that is, no land which answers to the description of those tracts of country usually designated waste ; consequently, there is no land which the Crown can appropriate by the mere exercise of Sovereignty, until the guaranteed rights and claims of the Natives have been extinguished. To meet this difficulty, it was provided by the Treaty, that the Government alone should have the power of purchasing land. But was it not also implied, though not expressed, that all the land which the Natives desired to sell should be purchased without demur ? Doubtless this was understood : but a short time sufficed to prove how difficult, if not im- ' possible, it was for the Government to purchase land at such a rate as would enable them to sell. Therefore it follows, that they must either waive the right of pre-emption in favor of those who can purchase ; or be guilty of a dog-in-the-manger-like selfishness, and withhold from others a privilege they cannot enjoy themselves. Having proved, as we conceive by legitimate reasoning, that the Government must, according to the Treaty of Waitangi, either purchase all the land the Natives wish to sell, or allow others to do it for them, it needs no argumentation to prove the impossibility of adopting the former alternative. We may therefore pass ■ on to the consideration of the question, whether the exersise of this right on the part of the Natives is compatible with the general interests of the colony, and the welfare of the Natives themselves. That peace is not only compatible with, but essential to the' general interests of [ the Colonists, and the welfare of the Natives, is a truism which' nobody can deny : and we are prepared to show that the maintenance of peace is intimately connected with the sanction of a privilege so highly prized by the Natives. The position we are about to advance may startle some of our readers ; but we hold it capable of proof. One cause of that spirit of disaffection which ultimately led to open rebellion was, the impolitic and unnecessary interference of the Government with the rights and privileges of the Natives, as proprietors of the soil. We can hardly conceive how it was possible for the Government to overlook the natural tendency of their inconsistent policy. After a public recognition of the independence of the New Zealand Chiefs, attended with all those formalities which enhanced the importance of the act in their estimation, and after a subsequent, and still more deliberate acknowledgment of their territorial rights, the Government actually proceeded, in some degree, to abrogate the rights they had just been recognising, and disallow, except under arbitrary restrictions, the very privileges they had just been conferring ! Almost in the same breath, that ptofessedly secured to the Natives the recognition of their rights as proprietors of the soil, a declaration was put forth describing them as incompetent to dispose of their own propeity, and directly impeaching the titles they had conferred J How inconsistent these measures, and how ill adapted to secure the newly pledged allegiance of the Native Chiefs. Let wisdom be gleaned from experience. The Authorities must take care how they reexcite suspicion by meddling- with the titles which the Natives admit. Let them recognise

every existing equitable title. Such a course will not only inflct rio injustice on the Natives, but will even restore and establish their eon~ fidence, and afford a well-grounded hope, that the arms of rebellion will never again be raised against a power that does not interfere with cherished rights ; and, moreover, it will tend, mosreffectually, to disarm the prejudices, and silence the complaints of the Europeans, Having shewn that the Natives do possess a right to sell their lands to whom they please, and pointed out the necessity which exists lor allowing the Europeans to buy, it remains foe us to consider in what, manner this ought to be done. His Excellency has wisely published his intention of sanctioning this privilege under certain regulations, and no one will dispute the necessity of regulating, by a restrictive^ system, the promiscuous sale of lands; and of guarding against those evils which otherwise would be entailed upon the Natives. Oue views, asttfwhat' these restrictions ought to be, and how the evil's which may accrue to the Natives may be best avoided, must be reserved for a future occasion, when we will resume the subjectr