Purchases of Land from the Natives.

New Zealand Gazette and Wellington Spectator, Volume V, Issue 339, 10 April 1844, Page 3

Purchases of Land from the Natives.

[From the Southern Cross."] We willingly insert the letter from " An Emigrant," the subject of which is of the utmost consequence to 1 the community generally, and we have given it our best attention, though we must confess ourselves unable to answer satisfactorily the questions that have been put to Us ; however, we shall do our best to assist "An Emigrant" in forming his own opinion. • ' We are well aware that parties at the errneat solicitation of the natives have already

been purchasing land from them— trusting to measures being speedily taken to allow- them legally to sell their land as formerally. Tbig hope his Excellency held out to tfie natives while replying to the addresses from then presented at his levee. — Such we believe is the foundation upon which the purchases alluded to have been made, as well as the cause of the nativea themselves importuning the settlers to purchase ; — but the propriety and the validity of these is another matter. We certainly would not recommend parties to purchase at present simply because while we are always ready and willing to oppose every measure of the Government which we may deem injurious to the colony, yet we do not like to see the Government embarrassed, as must happen if parties perchase land now from the natives. If such is done, it puts an end at once to the present system of Government, which, while in one sense we rejoice to see, yet we could wish it to be brought about in a different manner. We must acknowledge however that Government have brought it entirely upon themselves — their measures have been suicidal as well as destructive to all, and the people are only taking the means within their reach to make a last exertion. — Passing over the propriety of these purchases, on which so much could be said on both sides, we come to the question of our Correspondent — the safety of them, — we cannot say this is altogether free from doubt ; though our opinion is, decidedly, that they are quite secure — upon the following grounds :—: —

Ist. The Natives have a right to sell their lanns, — it is inherent in them, — they have never given it up, not even by the Treaty of Waitangi. They not only have the right, but they possess the might — the physical foree — the basis upon which every description of right must ultimately rest.

2nd. The Government have no enactment to prohibit such purchases — and therefore they are not illegal.

3rd. But if they were, the Government now appear to be satisfied' of the injustice and impolicy of preventing such sales ; and from the speech of His Excellency already referred to, immediate measures are likely to be taken to render the privilege available to the settlers. — Under these circumstances purchasers even at present may not be looked upon with such a jealous eye as they would at one time have been.

4)h. Another reason for deeming these purchases secure arises out of these verypurchases themselves, which have so opened the. eyes of the natives to the injustice formerly practised towards them by the Government in inducing or rather compelling them to sell land at the low price of 4d. and 6d. per acre ; — but now that the natives have found that they can obtain so much higher prices from the settlers, they will refuse as a matter of course to sell to the Government as before, so that iv truth the Government system of buying and selling is virtually at an end, and they will soon be very glad — since they cannot prevent — to assist the sellers in purchasing, in the hope of reaping from them some corresponding advantage. In this however, as in everything else, tha Government have acted unwisely — they have waited until the people now demand and take as a matter of right what would at one time have been received as an act of favour, and which they would cheerfully have made great sacrifices to obtain.

As to the Title from the natives being good, and yet not recognised as valid, — it means simply this : that if there should arise any dispute between the purchaser and the natives regarding the Title, the matter would not be entertained in a Court of law, seeing that the -title had not been derived from the Crown. Such is the interpretation given of the statement, though we have our doubts as to wr ether the Court in sucli circumstances, would actually refuse to entertain the matter. We think a precedent has already been established for the contrary, in a case lately reported in our papet, Baker v. Snowden ; where a sum of money was in dispute, resting upon the iact of consideration having been given for land, for which land there was nothing but the native title : — Yet, if there was no title, theie could be no consideration ; and if no consideration, there could in justice have been no obligation to pay the money. Yet, the Chief Justice, assisted by Justice Chapman, found the one party bound to pay, thereby holding that there was consideration ; and as a necessary consequence showing that the native title to land was good, though not proceeding .from the Crown.

Putting aside these considerations hovever, the Title may still bo good, if derived from the proper owners, though n6t recognised or supported by Government, 'asth'efe is no fear of the same natives questioning the Title, or attempting to sell the land a second time. ' It is believed there is not an instance of the $j.me native* selling 1 the same land a second time;. though 4 there, have heea many of different native pretending • right; to the same land, In

this sense, therefore, the native title is quite good, and may be safely relied upon. Upon the whole, while we would not exactly recomtnend such purchases, we must acknowledge that we look upon them with considerable 'satisfaction, as we see in them almost the only means of preserving the colony, and we can see no risk to the purchaser. However mortifying and annoying to his Excellency it will be, when he returns, to find the natives sel1 ing their land, upon more mature consideration, we doubt not, he must at' least tacitly approve of it ; as it may save him from resorting to the disagreeable alternative of acting in opposition to his instructions, by voluntarily permitting the Europeans to do that which they are already doing of their own accord.