Te Waka Maori. GISBORNE, SATURDAY, DECEMBER 28, 1878. THE NATIVE LAND PURCHASES ACT, 1878.

Waka Maori, Volume I, Issue 14, 28 December 1878, Page 203

Te Waka Maori. GISBORNE, SATURDAY, DECEMBER 28, 1878. THE NATIVE LAND PURCHASES ACT, 1878.

In two previous issues of the Waka (Nos. 6 and 8), we gave strong expression to our opinion on the Government Land Purchases Act, 1878. Since that time we have been requested by an esteemed correspondent (himself possessing a thorough knowledge of the Maori language, and great experience of the Maori character), to reprint an article on the same subject which appeared in the New Zealand Times of the 26th ultimo. Although we cannot spare space for the reproduction of the whole of the article referred to by our correspondent, yet we think the importance of the subject to our Native readers, warrants our giving a summary of it —more particularly as the circulation of the WaTca since we before discussed this subject, has so largely increased throughout the Colony. The following is a resume of the article referred to : "According to our northern contemporary, the Herald, or the Weekly News, there is a new Native Land Policy, which was thus announced on the 9th instant: —' One of the most important transactions of the session has been the practical resumption by the Government of the right of pre-emption over Native lands. The position of the Government in the mnltor will be realised, when it is understood

that they have only to make a payment to any Native owner of a block of land of any sum of money, however small, then to issue a proclamation-, that the Government are in negotiation for the land, and it follows that nobody can deal with any of the Native owners for any interest in the land, and that the Government have power to turn off everybody from the land as trespassers. For instance, we find in the list of land under negotiation, a block of 20,000' acres, for the purchase of which £lB 15s. has been paid. This may have been made to one man out of 500 Natives who have a right to the land, but the 499 cannot offer their lands to any other person. There are numerous instances in the list of similar cases. Horohoro, of 50,000 acres, has been secured by a payment of £6O; Patetere (a splendid block of land of 249,000 acres) for £5144; Makotu Kutuku, of 1200 acres, for £6, and so on through a long list.' The Native Land Act, 1873, remains in the Statute Book, and under its provisions the Native owners of land, after their title has been ascertained, can dispose of-their land as they think fit. The Assembly was not consulted about the repeal of that Act, but the policy of the Cabinet it appears can override the law of the land. The policy of the Cabinet is to be made superior to the law of the Colony, and the great bulk of the Natives are to be deprived, by a trick of administration, of the rights it has been the work of the Legislature during many years past to secure to them."

A public meeting (a short notice of which will be found in our next issue), was rerecently held at Tauranga, for the purpose of affording both Natives and Europeans an opportunity of giving expression to their opinions as to the recent action of the Government in making inalienable the confiscated lands which had been returned to the Natives. At that meeting one of the speakers produced a telegram from Sir George Grey, to the the effect that the action of the Government in the matter had been forced on them by the Native Affairs Committee. In reference to this, the Times further remarks : " We see that Sir George Grey justifies his action as being taken upon .the ' weighty' recommendation of the Native Affairs Committee. We have already shown that constituted as that committee was in the last session Ministers could practically get any expression of opinion which they desired upon any question submitted for its consideration in which party interests

were involved. As a matter of fact, the Premier J took great interest in and wasted a great deal of j time over a Native petition which affected the title j to land in the occupation of Captain Morris, the member for the East Coast District, a gentleman who was not one of those who voted usually with Ministers. He was not able to find a flaw in the title, and it was in this particular case, we believe, in which ' weighty evidence' was given, -and a report was made, from which we make the following extract:—'That in the opinion of the Committe no other portions of the land in the Tauranga District which was returned by the Government to the Natives should be allowed to be alienated by way of sale, or by way of lease, for a longer period than twenty-one years, and then only by public auction or by public tender. This ' weighty ' recommendation is not law; it is merely a left-handed hit at an enterprising and industrious settler, whose dealings with the Natives were just and honorable, but who, not being able 'to believe in Grey,' has become obnoxious to that statesman. The unlawful and unjustifiable attempt to interfere with, individual rights in the Tauranga District has created an amount of suspicion and indignation amongst Europeans and Natives which will not be easily allayed." Now, in reference to the Native Land Policy of the Government, we have a few remarks to make to which we desire our Native readers to pav particular attention. When Mr. Sheehau became Native Minister, he said, in his Statement on Native Affairs during the session of 1877, that the Government proposed to retire from the field as land purchasers on a large scale, that they considered it proper to leave private persons to be the chief operators in the purchase of Native land ; that they, the Government, having ceased to be pur. chasers, they would be able 1o give the Natives independent and impartial advice, which must have a good effect upon the Native miud; that the Act of 1573, was a failure, and that the new Native Land Bill, which the Government intended to circulate among Europeans and Maories throughout the colony before bringing it in during the following {i.e., the last session), would contain a provision whereby, the independent and intelligent chiefs of the different tribes, should themselves find-the facts as to the ownership of Native lands, and that the duty of the European Judges would simply be to inform the Natives of the operation of the European law of property, and to settle the titles according to the wish of the admitted owners. These statements we quote from llanmrd of 1877, so that our Native readers will know they are bona fide utterances of Mr. Sheehan —let him deny them if he can.

Again, if our Native readers refer to the first number of the Waktt, they will find in the

Governor's opening speech of the late session, the following passage:—" Measures for simplifying the procedure in investigations to title in Native lands, as -well as their alienation, will be submitted to you. The principles of those measures have been discussed ■with many sections of the Native people ; and it is believed that the effect of this will be to place upon an equal footing all the Queen's subjects who may desire to purchase lands." As the Governor's opening speech is always prepared by Ministers, this must also be taken to be a Ministerial promise.

Now, let us ask how all these promises have been fulfilled ? With what sections of the Native people have the principles enunciated by Mr. Sheehan in 1877 been discussed ? Have all the Queen's subjects who desire to purchase Maori land, been placed upon an equal footing? The New Lands Bill promised by the Government, was repeatedly asked for by Mr. Sutton arid other members, and as repeatedly promised by Mr. Sheehan ; but it was not brought down, nor was it circulated among the Natives as promised, for the very simple reason that it did not exist —it had never been prepared. At last, just at the end of the session, a short and trumpery Bill was brought in by Mr. Sheehan, and passed by the House for want of a better. "We shall have something to say in reference to this Act at another time ; at present, it is sufficient to say that it leaves the Act'of 1873 as the governing law, amending only one or two minor points of detail. "Where, we may ask, are the " independent and intelligent chiefs of the different tribes," who were to investigate the ownership of Naiive lands? They are not yet appointed, and .are not likely to be ; the Government have so many European hangers-on waiting for billets that we fear the " independent and intelligent chiefs " have but a poor chance of obtaining judicial honors.

Again, do we see any indications of the Government retiring from the field as land purchasers, and leaving private persons to be the chief operators in the purchase of Native lands ? No ;On the contrary, we see an Act brought down by the Native Ministerwhich will give the Government a monopoly of all the Native lands in the country. By advancing a sum of money, however small, to any worthless fellow who .may put forward a claim to a block of land, the Government may publish a notice in the Gazette, that they are in negotiation for such land, the effect of which notification shall, so says the Act, as against all persons other than the aboriginal owners of such land, be equivalent to a notice that the Native title over the said land has been extinguished —thus effectually preventing the rightful owners from leasing or dealing with their own pre-

perty as they may think fit. And this can, and has been, done without the knowledge of the real owners of the land ; for we find that such notifications have not been published in the Maori language, although Mr. Sheehan talks about the Government policy being a face-to-face policy, that they would do nothing in secret, and that everything was to be open to the light ot day. Is it for the purpose of benefiting the Natives that they are thus treated as children incapable of managing their own affairs ? Or is it to enable the Government secretly to benefit their own friends and supporters ? We think it highly probable that if an influential friend of the Government be found negotiating for a block of Native land, he will be left to complete his bargain in peace; there will be no interference on the part of the Government, no notification in the Gazette of a " prior right." The Government Native Land Purchases Act of 1878, is, in our opinion, one of the most iniquitous measures in the shape of legislation on Native matters, that has ever been brought in by any previous Government in this colony. It places a power in the hands ,of the Government by which they may favor their friends and supporters in purchasing Native lands to the prejudice of all others. No Government should be allowed to have such power; this alone is sufficient to condemn the Act. After all the prattle and stump speeches about the rights of humanity; the Native Minister's bitter and unscrupulous condemnation of the policy of the late Sir Donald McLeau ; his fierce denunciation of the " bad laws " of his predecessors in office, and his manifold promises to the Native people, that he would procure for them all the good things they could possibly desire, if they would only give him their support, we confess we almost wonder he was not ashamed to bring in such a measure as this Bill —we should altogether wonder did we not know him as we do. The entire Native policy of the present day, as we see it being carried out, is crafty, tortuous, and undignified, it is altogether repugnant to the feelings of honorable and straightforward men. There is one thing, however quite certain, and that is, that rhe Natives eyerywhere are losing faith in the Ministry and their policy, more and more every day.