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New Zealand Colonist and Port Nicholson Advertiser, Volume I, Issue 6, 19 August 1842, Page 2

We understand, that there have been some attempts on the part of the natives to interfere with the cultivation of some of the settlers on the ITutt, and that Mr. Spain, as the Commissioner for investigating land claims, Mr. Halswell as Protector of the Aborigines, and Mr. George Clarke, as interpreter, have left Wellington for the purpose of examining, on the spot, into all the particulars of the case. Until their return, it would be premature to give any decided opinion on the subject, because such opinion must be formed in ignorance of many of the circumstances. There are, however, some general remarks which we may make, that will be neither premature nor inappropriate.

As the foundation of the assertion of British sovereignty in this island is the recognition of the Native titles to land, it is obvious that the Government cannot interfere summarily to dispossess the natives, or to enable the European settlers to take possession of land nominally conceded to them. When once peaceable possession has been obtained, under such circumstances as would deprive an English landholder of his right to proceed summarily, then the occupant of land may fairly, expect from the Government authorities the same protection against unlawful aggression on the part of the natives that he would be entitled to claim against one of his own countrymen. In such case, if the title of the native be valid, he must, we would submit, be required to assert it in a court of law, through the instrumentality of the Protector of the Aborigines; or, if this should be deemed inexpedient, as we imagine would be the case, his title must be extinguished by purchase, cither by the individual claimant of land, or by the Agent of the New Zealand Company. We believe the latter would bc, : -in almost all cases, the preferable course, since the former could hardly fail to create a feeling of insecurity dangerous in the highest degree to the progress of the community. All that the Government can be expected to do in this case, is to afford facilities for the extinguishment of the native title, by giving validity to purchases made since the date of the proclamation, within the limits of settlement. In this case, the only question would be. which is the party by whom these purchases should be made, the individual settler or the New Zealand Company? We do not feel called upon to pronounce upon which of them this burthen ought to be thrown, if the payment thus required were to remain uncompensated, except by securing quiet possession of the land, because in the present case no such question can arise. We are informed, upon what we believe to be unquestionable authority, that Captain Hobson, when he visited this place, empowered the Company’s Principal Agent, to complete the Company’s title to all the land included within the limits of their first settlement, by purchasing any unsatisfied claims, and also empowered him to reckon the goods or money required for this purpose, as part of the original purchase money, in respect of which the Company is entitled to payment in land at the rate of five shillings an acre. Unless we are misinformed upon this point, which is scarcely possible, an easy and expeditious me-

fhod % thus afforded of settling all claims as they arise, and we are satisfied that we have heard so little of any attempts on the part of Company’s Agent to avail himself of the power thus given. It is clear that the Directors of the New Zealand Company must imagine that such a bargain is highly profitable to them, since they are now purchasing land from the government at home, at the rate of fifteen shillings per acre. And yet when an opportunity is afforded of obtaining for the settlers, the peaceable possession of the land they have purchased, and by the same payment obtaining land for the New Zealand Company at the original rate of five shillings per acre, nothing is done, or, at least, nothing that reaches the ears of the settlers. This .is so important a matter, that we shall take a very early opportunity of recurring to it.