1
MINUTES OF PROCEEDINGS OF THE KOHIMARAMA CONFERENCE OF NATIVE CHIEFS.
JULY,—AUGUST, 1860.
Presented to both Houses of the General Assembly by command of His Excellency.
E—No. 9
K0 II IMARA MA CONFERENCE. Minutes of Proceedings of a Conference of Native Chiefs, convened by His Excellency the Governor on Tuesday, the loth day of July, 1860, at Kohimarama, in the Province of Auckland, JSew Zealand. Present :-His Excellency Colonel Thomas Gore Browne, C.8., (Governor of New Zealand) attended by his suite and the Members of his Executive Council. Also—The Chief Justice Arney : His Honor the Superintendent of Auckland : Colonel Mould (Commanding the Forces at Auckland; : Colonel Sillery, Donald McLean, Esq., (Native Secretary) with Native Officers : several Members of the House of Representatives, and a number ot private gentlemen. The following Native Chiefs took their seat in the Conference, viz.:— Ngapuhi (Bay of Islands)— Tamati Waka, Wiremu Kaitara, Huirua Mangonui, Wiremu Hau, Tango Hikuwai, Wi Tete, Hori Kingi. Parawhau, (Whangarei)—Manihera, WiPohe, Taurau, Tirarau. Ngatiwhakaue (Rotorua)— Ngahuruhuru, Taiapo, Tukihaumene, Winiata Pekamu, fcruera Kahawai, Ngamoni, Tauaru, Ngarama, Pomate, Tauahaka, Rotohiko Haupapa, Henare Kepa, Perenka, Heriwini Amohau, Henare te Pukuatua, Taoangaanga. Ngatipikiao, (Rotoili and Maketu)—Rirituku te Perehu, Rewi, Hona, Anania, Te 1 irini. Tuhourangi. (Tarawera Lake) —Kihirini, te Tuahu. Tapuika, (Kai-tuna Rerei)— Moihi Kupe, Rota te Wharehuia. Ngaiterangi, (Tauranga)—Tomika te Mutu, Wiremu Patene, Hamiora Tv, Hamuera te Paki. Ngatihe, (Maunga Tapu)—Maihi Pohepohe, Menchira Rakau. Ngatiawa, (Awa-a-te-Atua)— Te Makarini. Te Tawera—(Maketu Petera.) Te Rongotoa, Wakaheke Pauro, Tamati Hapimana. Ngatitamatera, (Hauraki)— Karaitiana Tuikau, Haimona Purau. Ngatimahanga, (Whaingaroa) —Hemi Matini, Te Waka. Manukau—Kihari. Ngatihine, (Aotea)—Manihera, Hira Kingi. Ngatiwhatua, (Orakei) —Wiremu Hopihona, Paora, Keene, Kawau. Ngatihine, (Waikato) —Horohau. Ngatipaoa—Patara Pouroto. Ugatitoa, (Poriruaand Wainui)—Tamihana Te Rauparaha, Matene Te Whiwhi, HohepaTamaihengia, Ropata Urumutu, Nopera Te Ngiha, Horopapera, Pukeko, Hohaia Pokaitara, Rapihana Te Otaota, Hapimana, Te Hope. Ngatitama, (Nelson) —Wi Katene Te Manu, Hemi Matenga. Ngatiraukawa. (Otaki and Manawatu) —Horomona Toremi, Parakak Te Pouepa, Hnkiki, Wi Paiaka, Kuruhou Rangimaru, Te Moroati Kiliaroa, Te Ao Marere, lhakara Tokonui, Takerei Tc Nawe. Taranaki, (Wellington)—Wiremu Tamihana, Hemi Paiai. Ngaitahu, (Otago and Canterbury)— Pita Te Hori, Taiaroa. Patutokotoko, (Upper Whanganui)—Tahana Turoa. Whanganui—Hori Kingi Te Anaua, Te Mawae, Hoani Wiremu Hipango, Mete Kingi, Tamati Wiremu, Kawana Paipai, Hori Kerei. Ngatiapa, (Whangaehu and Rangitikei) —lhakara, Hapurona. Ngarauru, (Waitotara) —Pehimana. Ngatikahungunu—Te Wereta Kawekairaingi, Ngatuere, Raniera Te Iho, Hoani Te Kaho ; Karaitiana Te Korou, "Wiremu Waka, Te Koroneho, Wiremu Kingi Tu-te Pakihirangi, Te Hapuku, Tamihana Ruatapu, Te Hapimana Te Rangituawaru, Te Waka Perohuka. Ngatiporou, (East Cape)—Te Wikiriwhi Te Matehe, Wiremu Pahuru, Te Irimana Ngamare. Ngatiawa, (Wellington) —Manihera Ngatoro (j Porutu, Epiha Wairaweke. His Excellency the Governor opened the Conference at 2 p.m. with the following Address—(a Maori translation of which was immediately afterwards read by Mr. McLean : — My Fiuends, —Chiefs of New Zealand, 1. I have invited you to meet me on the present occasion that we may have an opportunity of discussing various matters connected with the welfare and advancement of the two Races dwellling in New Zealand.
E-No. 9
MINUTES OF PROCEEDINGS OF
2. I take advantage of it also to repeat to you and, through you, to the Maori people, the assurances of good will on the part of our Gracious Sovereign which have been given by each succeeding Governor, from Governor Hobson to myself. 3. On assuming the Sovereignty of New Zealand, Her Majesty extended to her Maori subjects her Royal protection, engaging to defend New Zealand and the Maori people from all aggressions by any foreign power, and imparting to them all the rights and privileges ol British subjects; and she confirmed and guaranteed to the Chiefs and Tiibes of New Zealand, and to the respective families and individuals thereof, the full, exclusive and undisturbed possession of their lands and estates, forests, fisheries, and oiher properties which they may collectively or individually possess, so long as it is their ■wish to retain the same in their possession. 4. In return for these advantages the Chiefs who signed the Treaty of Waitangi ceded for themselves and their people to Her Majesty the Queen of England absolutely and without reservation all the rights and powers of Sovereignty which they collectively or individually passed or might be supposed to exercise or posse-s. 5. Her Majesty has instructed the Governors who preceded me, and she will instruct those who come after me, to maintain the stipulations of this Treaty inviolate, and to watch over the interests and promote the advancement of her subjects without distinction of Race. 6. Having renewed these assurances in the name of our Gracious Sovereign I now ask you to confer with me frankly and without reserve. If you have grievances, make them known to me, and, if they are real, I will try to redress them. Her Majesty's wish is that all her subjects should be happy, prosperous, and contented. If, therefore, you can make any suggestions for the better protection of property, the punishment of offenders, the settlement of disputes, or the preservation of peace, I shall gladly hear them and will give them the most favourable consideration. 7. The minds of both Races have lately been agitated by false reports or exaggerated statements, and, in order to restore confidence, it is necessary that each should know and thoroughly understand what the other wishes and intends. 8. There is also a subject to. which I desire to invite your special attention, and in reference to which I wish to receive the expression of your views. For some time past certain persons belonging to the tribes dwelling to the south of Auckland have been endeavouring to mature a project, which, if carried into effect, could only bring evil upon heads of all concerned in it. The framers of it are said to desire that the Maori tribes of New Zealand should combine together and throw off their allegiance to the Sovereign whose protection they have enjoyed for more thiin 20 years, and tliat they should set up a Maori king and declare themselves to be an independent Nation. Such ideas could only be entertained by men completely ignorant of the evils they would bring upon the whole Native Hace if carried into effect. 9. While the promoters of this scheme confined themselves to mere talking, I did not think it necessary to notice their proceedings, believing that, if allowed time to consider, they would abandon so futile and dangerous an undertaking This expectation has not been fulfilled. At a recent meeting at Waikato some of the leading men proposed that Wiremu Kingi, who is in arms against the Queen's authority, should be supported by re-inforcements from the tribes who acknowledge the Maori king, and armed parties from Waikato and Kawhia actually went to Taranaki for this purpose. These men also desire to assume an authority over oiher New Zealand tribes in their relations with the Government, and contemplate the forcible subjection of those tribes who refuse to recognise their authority. 10. Under these circumstances I wish to know your views and opinions distinctly, in order that I may give correct information to our Sovereign. 11. It is unnecessary for me to remind you that Her Majesty's engagements to Her Native subjects in New Zealand have been faithfully observed. No foreign enemy has visited your shores. Your lands have remained in your possession, or have been bought by the Government at your own desire. Your people have availed themselves of their privileges as British subjects, seeking and obtaining in tie Courts of Law that protection and redress which they afford to all Her Majesty's subjects. But it is right you should know and understand that in return for ihese advantages you must prove yourselves to be loyal and faithful subjects, and that the establishment of a Maori king would be an act of disobedience and defiance to Her Majesty which cannot be tolerated. It is necessary for the preservation of pea=e in every country that the inhabitant!?, should acknowledge one Head. 12. I may frankly t< 11 you that New Zealand is the only Colony where the Aborigines have been treated with unvarying kindness. It is the only Colony where they have been invited to unite with the Colonists and to become one People under one law. In other Colonies the people of the land hitve remained separate and distinct, from which many evil consequences have ensued. Quarrels have arisen ; blood has been shed, and finally the aboriginal people of the country have been driven away or destroyed. Wise and good men in England considered that such treatment of Aborigines was unjust and contrary to the principles of Christianity. They brought the subject before the British Parliament, and the Queen's Ministers advised a change of policy towards the Aborigines of all English Colonies. New Zealand is the first country colonised on this new and humane system. It will be the wisdom of the Maori people to avail themselves of this generous policy, and thus save their race from evils which have befallen others less favored. It is your adoption by Her Majesty as her subjects which makes it impossible that the Maori people should be unjustly dispossessed rf their lands or property. Every Maori is a member of the British Nation ;he is protected by the same law as his English fellow subject; and it is because you are regarded by the Queen as a part of her own especial people that you have heard from the lips of each -successive Governor the same words of peace and goodwill. It is therefore the height of folly for the New Zealand tribes to allow themselves to be seduced into te commission of any act which, by violating their allegiance to the
4
E—No. 9
THh KOHIMARAMA CONFERENCE.
Queen, would render them liable to forfeit the rights and privileges which their position as British subjects confers upon hem, and which must necessarily entailed upon them evils ending only in their ruin as a race. . „.-,.,-. 13. It is a matter of solicitude to Her Majesty, as well as to many of your friends in England and in this country, that you should be preserved as a people. No unfriendly feeling should be allowed to grow up between the two Races. Your children will live in the country when you are gone, and when the Europeans are numerous. For their sakes I call upon you as fathers and as Chiefs of your Trihes, to take care that nothing be done which may engender animosities the consequences of which may injure your posterity. I feel that the difference of language forms a great barrier between the Europeans and the Maories. Through not understanding each other there are frequent misapprehensions of what is said or intended : this is also one of the chief obstacles in the way of your participating in our English Councils, and in the consideration of laws for your guidance. To remedy this the various Missionary Bodies, assisted by the Government, have used every exertion to teach your children English, in order that they may speak the same language as the European inhabitants of the Colony. 14. I believe it is only needful that these matters should be well understood to ensure a continuance of peace and friendly feeling between the two Races of Her Majesty's subjects ; and it is for this reason, arid in a firm hope that mutual explanations will remove all doubt and distrust on buth sides, that 1 have invited you to meet me now. 15. I shall not seek to prove, what you will all be ready to admit, that the treatment you have received from the Government, since its establishment in these islands down to the present hour, has been invariably marked by kindness. I will not count the Hospitals founded for the benefit of your sick ; the Schools provided for the education of your children ; the encouragement and assistance given you to possess yourselves of vessels, to cultivate wheat, and to build milis, and to adopt the civilized habits of your white brethren. I will not. enumerate the proofs which have been given you that your interests and well being have been cared for, lest you should think I am ungenerously recalling past favours. All will admit that not only have your ens listened to the words of kindness, but that your eves have seen and your hands have handled its substantial manifestations. 16. I will not now detain you by alluding to other matters of great importance, but will communicate with you from time to time and call your attention to them before you separate. Let me, however, remind you that though the Queen is able without any assistance from you to protect the Maories'from all foreign enemies, she cannot without their help protect the Maories from themselves. It is therefore the duty of all who would regret to see their Race relapse into barbarism, and who desire to live in peace and prosperity, to take heed that the counsels of the foolish do not prevail, and that the whole country be not thrown into anarchy and confusion by the folly of a few misguided men. . Finally,— I must congratulate you on the vast progress in civilization which your people have made under the protection of the Queen. Cannibalism has been exchanged for Christianity; Slavery has been abolisln d ; War has become more rare ; Prisoners taken in war are not slain ; European habits are gradually replacing those of your ancestors of which all Christians are necessarily ashamed. The old have reason to be thankful that their sunset is brighter than their dawn, and the youiig may be grateful that their life did not begin until the darkness of the heathen night had been dispelled by that light which is the glory of all civilized Nations. Earnestly praying that God may grant His blessing on your deliberations and guide you in the right path, 1 leave you to the free discussion of the subjects I have indicated, and of any other* you may think likely to promote the welfare of your Race. Thomas Goue Bkowne, Governor. At the conclusion of the Address two Chiefs (Mete Kingi and Kawana Paipai) stepped forward, and, in the name of the Wanganui tribes, presented the Governor with two beautifully embroidered Kaitakas (fine flax mantles), and a Taiaha (carved staff), as a pledge of loyalty and peace. His Excellency and suite then*adjourned to an adjoining hall to hold a levee, which was attended by all the above-named Chiefs. During this ceremonial Te Whikiriwhi presented the Governor with a curious whale-bone Taukari (club) in token of his allegiance. After the reception His Excellency retired and the Chiefs re-assembled in the Conference Hall. Donald McLean, Esq., who presided, briefly stated the object for which the Conference had been convened, and requested the Chiefs to take the address under consideration. He directed their attention to the various subjects indicated therein, and invited a full and candid expression of their opinions. , Tamati Waka Nene then rose and said:—Hearken, Oye people, hearken ! This is a Council to discuss the affairs of the people. I have come forward first, but you are the head, so I leave the speaking for you. I shall afterwards express my sentiments that you may hear them, and that all may know them —both Pakehas and Maories. I sit down. Paora Tuhaere having addressed the Conference, Tamati Waka Nene again rose and delivered an eloquent and loyal speech. Speakers succeeded in the following order :— Tukihaumene, Henri Matini Te Nera, Rihar Hamiora Tv,
5
E—No. 9
MINUTES OF PROCEEDINGS OF
Te Makarini, Te Ratapu, Rangi, Maihi, Metekingi, Kopuparapara, Kawana Paipai, Tamiliana, Ngatuere, Te Waaka, Karaitiana, Te Mutu, Tohi Te Ururangi. At the conclusion of Tohi's speech, Mr. McLean adjourned the meeting till next day, remarking that lie did not wish to detain them to a late hour as many of them were suffering from influenza. He requested them to make the Address a subject for their evenings conversation, and to come prepared on the following morning to express matured opinions. WEDNESDAY, 11th JULY, 1860. Mr. McLean opened to-day's proceedings with a short speech, in which he again directed the attention of the Conference to the several subjects embraced in His Excellency the Governor's Address. He also pointed out the desirability of keeping as much as possible to the subject under discussion, and suggested that for the sake of order the Chiefs of the several hapus should address the meeting in rotation, those who spoke yesterday giving place to others who had not yet expressed their opinions. Hone Ropiha then requested the meeting to keep order, and not to hold private conversations whilst speeches were being delivered. After which the following Chiefs addresied the Conference :—- Hori Kingi Tahua, Te Manihera Ruia, Wiremu Tete, Wi Pohe, Te Taurau, Tohi Te Ururangi, Mangonui, Wiremu Kingi Kaitara, Hakitara, Matene Te Whiwhi, Te Ahukaramu, Hohepa Tamaihengia, Horomona Toremi, Ropata Urumutu, Nopera Te Ngiha, Horopapera Pukeko, Te Kira Porutu, Kuruhou, Te Manihera Te Ngatore, Wiremu Tamihana, Hemi Parae, Parakaia Te Pouepa, Moroati Kiharoa, Wi Katene Te Manu, Te Hapimana, Te Manihera, Epiha Karoro, Ihakara Tokonui, Te Keene, Wiremu Hopihana, Patara Pouroto, Te Watarauhi, Hemi Matene Te Awaitaia, Hira Kingi, Te Horohau, Eruera Kahawai, Kihirini, Winiata Pekamu Tohi, Hori Kingi Te Anaua, Te Mawae,
6
7
E—No. y
THE KOHIMARAMA CONFERENCE.
Tamati Aramoa, Ilori Kerei, Pehimana, Ihakara, Tohikura, Hoani Wiremu Hipango, Wi Waaka, Raniera Te Iho, Tamati Hapimana, Meeting adjourned to the 12th instant. THURSDAY, 12th JULY, 1860. In opening to-day's proceedings Mr. McLean observed that as several hapus had not yet expressed their opinions, they would now have an opportunity of doing so ; after which Te Kawau (an old Chief) would say a few words. He (Te Kauwau) had been suffering from influenza, which until now had incapacitated him from taking his seat in the Conference. The Native Secretary then proceeded to read letters from two Chiefs (Tamati Ngapora and Ihaka) regarding their inability to attend the meeting on account of indisposition. Speeches were delivered by the following Chiefs, namely :— Te Amohau, Te Wikiriwhi, Karaitiana, * Te Makarini, Wiremu Patene, Hamuera, Mai hi Pohepohe, Hamiora Tv, Menehira, Te Mutu, Ngahuruhuru, Pererika, Te Rongotoa, Piriti Te Kotuku, Mohi Kupe, Taiapo, (A few observations in reply from Mr. McLean.) Rirituku Te Puehu, Henare llepa Toangaanga, Te Kawau. Meeting adjourned to 13th instant. FRIDAY, JULY 13th, 1860. • Mr. McLean opened the meeting with the following speech :— Listen, Chiefs of the Runanga ! Let me tell you about one of the rules followed by Europeans. When an important matter comes before the Queen, she submits it to her Council, and requests them to take it under their consideration, and to give expression to their opinions. The Governor acts in like manner with this Council. Now, I request that the same rule be observed here. The Governor has read you his Address, and you have been invited to take it under consideration, and to give free expression to your opinions, whether for or against it. It has been in your hands for several days to afford you full time for its consideration. If you have examined the Address, and understand all that it contains, then let each tribe in this Conference proceed to prepare a reply to the same, in writing, and unreservedly express their feelings and opinions. If, on the other hand, there are some paragraphs which are not quite clear, I shall be glad to offer you an explanation of them. I therefore trust, that if any member of this meeting should need any such explanation, he will not hesitate to ask for it. I shall now read the Address to you, and shall make remarks as I proceed. 3rd Clause: —This treats of Her Majesty's protection, whereby New Zealand and the Maori people are defended from all aggressions by any Foreign Power. Has not this pledge been carried out ? Has any Foreign Power disturbed this country ? People of other nations have certainly come here, but their mission has always been a friendly one. They have come to settle or to trade. They have never assumed any authority in this Colony, Some of you have said that the laws for the Maori are not the same as the laws for the Pakeha. This is in some measure true. Children cannot have what belongs to persons of mature age ; and a child does not grow to be a man in a day.
E—No. 9
MINUTES OF PROCEEDINGS OF
This clause also states that the Queen " confirmed and guaranteed to the Chiefs and tribes of New Zealand, and to the respective families and individuals thereof, the full, exclusive and urdisturbed possession of their lands and estates, forests, fisheries and other properties, which they may collectively or individually possess, so long as it is their wish to retain the same in their possestion." And this pledge has been strictly observed. In no single instance has your land been taken from you. It is only when you are disposed to sell, and not before, that the Governor gets possession of your lands. Where is the man who lias been deprived of any of his land ? 4<A Clause speaks of the Treaty of Waitangi. Some have said that this Treaty was confined to the Ngapuhi. I maintain that it was not a treaty with Ngapuhi only, but a general one. It certainly commenced with the Ngapuhi. The treaty is binding on the whole. And further, I believe that it has been a great boon to you ; and one, therefore, which you should not lose sight of' nor disregard. sth Clause states that the Governor has been instructed to maintain all the stipulations of the treaty inviolate. Now, if in the opinion of this Conference the Governor has violated any of the terms of this treaty, you have an opportunity of telling him so. If any one here has any grievance, let him n ake it known at this Conference, and not carry it back to his home with him. Gtn Clause: —lf you should decide upon writing replies to the Address, this clause will be a guide to you. You observe that the Governor requests you to confer with him frankly and without reserve. 7th Clause: —This has direct reference to the Maori King movement. You should freely express your opinions on this subject. The movement did not possibly, originate in any evil desire. With some the motive may have been a good one, but it involved the idea of establishing a national independence. The old Chief Potatau (who has just died , * professed no feeling but that of kindness and good-will to the Pakeha. Therefore, it would not, perhaps, be just to treat the matter with great severity. But this I may say to you, that while this movement lasts, it will prove a great hindrance to the establishment of peace, and the success of beneficial measures for the two races. The protection of England has been solicited and accepted by this country, and it is therefore wrong to talk about any other sovereignty. The Governor invites you to state your views and opinions on this matter very plainly. 12th Clause : —lt is not intended to hide from you what you may hear from other sources, namely the fact, that the English in former times often invaded other countries. Their ancestors, when they took possession of a place, frequently destroyed its inhabitants. But when Christianity obtained a greater influence amongst them, wise men began to reflect on the sin of destroying human beings created by God to live on the earth. The Queen directed her Parliament to consider the subject, when it was proved that wrongs had been committed. The evidence adduced confirmed the fact that aboriginal subjects had been ill treated. This occasioned much shame to many good people in England, and it was determined in Parliament that such proceedings should not be permitted in future. About this period attention was directed to New Zealand as a field for European settlement, and it was decided by the Queen and her Ministers that in occupying this country, the New Zealanders should be treated with kindness, and a humane policy pursued towards them, with a view to their becoming a prosperous people and united with the English. There is no desire to conceal from you the wrongs which have been committed elsewhere, but Christian principles have ruled the conduct of the British Government in these Islands. The policy pursued has been one of uniform kindness, and in accordance with the precepts of Christianity. 13th Clause: —This clause refers to the difference of language as the chief obstacle to your participation in English Councils. This is a disadvantage to both races. The Maori does not understand the Pakeha, and accuses him of saying what he did not mean ; and the Pakeha, on the other hand, imagines something very different to what the Maori lias said. From this cause they differ with each other, and misunderstandings arise. Now if the language in common use was the same, these difficulties would disappear. Hence the desirability of educating your children in the English tongue. 16th Clause: —The Governor tells you that the Queen will afford you protection against dangers from without, but she cannot, without your co-operation save you from internal feuds. It is therefore the duty of every man to help, that peace and good order may prevail. Last Clause : —This ends the Governor's Address to you. He concludes with a prayer to God for His blessing on your deliberations. You must carefully examine the Address yourselves, and then let each hapu consider a reply to it, that the Governor may become acquainted with your opinions. His object and earnest aim is to induce you to adopt European customs. Let each tribe give utterance to its opinions, whether for or against, and let tins be done soon, in order that you may proceed to the consideration of other important subjects. Speeches were delivered by the following Chiefs :— Henare Pukuatua, Pa or a Tuhaere, Eraera Kahawai, Tohi Te Ururangi, Tamati Waaka Nene, Tukihaumene, Te Riri Tuku, Te Kihirini. MeetiDg adjourned to 16th instant.
8
E—No. 9
THE KOHIMARAMA CONFERENCE.
MONDAY, JULY 16th, 1860. The Native Secretary opened to-day's proceedings by announcing that a Message from His Excellency the Governor had been received. He informed the Chiefs that it is customary with the J'akehas when a Message from the Governor is sent down to their Council, for the members "to receive it standing, The Chief 3 of the Conference, together with the European visitors, forthwith rose up, and the following message was read :— Message No. 1. Thomas Gohe Browne, Governor : The Governor sends some " Rules for the proper Administration of Justice" to the Chiefs assembled at Kohimarama for their consideration. These Rules have been carefully prepared by their friend Doctor Martin, late Chief Justice of New Zealand. Government House, July 16th, 1860. The audience having resumed their seats, the Native Secretary continued thus :— " These Rules have been put forth by the Governor for the guidance of those Tribes who have not yet been accustomed to the administration of English Law. They have been carefully prepared by your friend Dr. Martin, with a view to assist the Native Tribes in outlying districts in administering justice amongst themselves. They are not applicable to those districts where English Law is regularly administered—as, for instance, the Bay of Islands and Port Nicholson. Some of the Chiefs have expressed a wish that there should be but one Law. This is much to be desired by all, but is not so easily attained. A child does not grow to man's stature in a day. It took the English many generations before they brought their system of Law to its present state. While such a wide difference exists in the usages and customs of the two races in this country, it is necessary that some of -you should be gradually initiated into the elementary principles of Law before you can appreciate it." With this object, and with a view of superseding some of the objectionable customs to which many of your old people still cling, your friend Dr. Martin has taken much pains to prepare these Rules. They are simple and easy of comprehension by all. They are not put forth as Law, but merely as a set of plain rules to guide your Assessors in dealing with cases referred to them, where access cannot be had to a English Court. Where it is possible to refer to en English Magistrate it will always be proper to do so. The Conference is invited to examine these Rules carefully for a few days and, having done so, to offer any suggestions it may think proper. Should the Chiefs wish to recommend any addition or alteration, they will be able to do so,—and any suggestions made will be submitted to the Governor for his consideration." The Nntive Secretary then read Rules 1, 2, 3, and 4, making short explanatory observations on Ngamoni suggested that the replies to the Address should be read before they proceeded to the consideration of these Rules. . The Native Secretary remarked that all the replies bad not yet been received. He added that it was his intention to read them to the Conference before forwarding them to His Excellency. Speeches were delivered by the following Chiefs: — Te Keene, Paora Tuhaere, Te Makarini, Tango Hikuwai, Hone Ropiha Tamaha Tango Hikuwai (in reply to last speaker), Te Waaka Te Ruki, Hone Ropiha Tamaha (2nd speech), Matene Te Whiwhi, Tukihaumene, Tomika Te Matu, Horomona Toremi, Te Ahukaramu, Te Manihera Ruia. TThe last speaker having taken exception to one of Dr. Martin's elementary Rules (that relating to adultery) the Native Secretary explained that these Rules had been submitted for their consideralion, and that they were therefore at liberty to suggest any alteration they might think desrible.] Eruera Kahawai, Wiremu Waaka, Henare Pukuatua, Wi Te Tete, Meeting adjourned to 17th instant.
9
E—No. 9
MINUTES OF PROCEEDINGS OF
TUESDAY, 17th JULY, I860; After a few introductory remarks from the Native Secretary, the following Chiefs addressed the Conference, viz.:— Hira Kingi, (Some words in reply from the Native Secretary.) Tamihana Te Rauparaha, Matene Te Whiwhi, Hakitara Te Makarini, Ngamoni, (A few words in explanation from the Native Secretary,) Te Karamu Kahukoti, Wirmu Pohe, Himiona, Te Wirihana, Pauto, Wirerau Patene, Tomika Te Mutu, Parakaia Te Pouepa, Ngapomate, Te Irimaua, Meeting adjourned to lSth instant. WEDNESDY, 18th JULY, 1860. The Native Secretary announced the receipt of the following Message from His Excellency the Governor:— Message No. 2 : In his opening Speech, the Governor assured the Chiefs assembled at Kohimarama that the Treaty of Waitangi will be maintained inviolable by Her Majesty's Government. He now invites them to consider the difficulties and complications attending the ownership or land, and trusts they will be able to devise some plan for removing or simplifying them. It is well known that nearly all the feuds and wars between different Tribes in New Zealand have originated in the uncertain tenure by which land is now held. Very many disagreements would in future be avoided if the possession of land from any fixed date —say 20 years —were recognised as giving the possessor a good title. Such a limitation would be in accordance with the law which prevails iti England. It is very desirable that some general principles regulating the boundaries of land belonging to different Tribes shouM be generally received and adopted: for, until the rights of property are clearly defined, progress in civilization must be both slow and uncertain. When disputes arise between different Tribes in reference to land, they might be referred to a committee of disinterested and influential Chiefs, selected at a Conference similar to the one now held at Kohimarama. There is also a simpler plan universally adopted in Hindostan, which appears well suited to the circumstances of New Zealand, viz., when men cannot agree as to their respective rights, each party chooses two persons, and these four choose a chief of another tribe having no interest in the matter disputed. Then the five sit in judgement and decide who is right and who is wrong; but before they pronounce judgement, both the contending part'es solemnly engage to abide by it. The Governor earnestly desires to see the chiefs and people of New Zealand in secure possession of land which they can transmit to theit children, and about which there could be no dispute. Some land might be held in common for tribal purposes; but he would like to see every Chief and every member of his tribe in possession of a Crown Grant for as much land as they could possibly desire to use. When a dispute arises about a Crown Grant, the proprietor need neither go to war nor appeal to the Government, he can go at once to the proper Court, and, if he is right, the Judge will give him possession, and the Law will protect him in it. Tribal jealousies and disputes, however, interfere to prevent individuals from obtaining Crown Grants; and they will continue to do so, and cause quarrels and bloodshed until men grow wiser, and learn that the rights of an individual should be as carefully guarded as those of a community. It is essential to the peace and prosperity of the Maori people, that some plan for settling disputes about land should be adopted ; the Governor, therefore, hopes that the chiefs will consider the subject carefully and dispassionately, and assures them that he will gladly co-operate with them in cauying into effect any system that they can recommend, provided it will readily attain the end desired. Thomas Gore Browne, Government House, Governor. July 16th, 1860.
10
E—No. 9
THE KOHIMARAMA CONFERENCE.
In introducing this Message, the Native Secretary observed ;— The Governor was most anxious that some means should be devised by the chiefs of this Conference to define tribal boundaries and make such a subdivision of property among tribes, families, and individuals as would secure to them their landed rights on a more certain foundation than now existed. The Chiefs present were all aware that land was the main source of many of their difficulties, occasioning loss of life and affecting the prosperity of both races. No fixed law on the subject could be said to exist, except the " Law of Might." It was true various customs relating to Native tenure existed, but these were not in any way permanent, and the endless complications of such customs were eventually resolved into the "Law of Might." Paora, one of the Ngathvhatua Chiefs present, had stated that one Law did not exist with the Europeans and Natives about land. This was true, inasmuch as the Natives had no fixed law to regulate the rights of propety. How therefore could it be expected that one law should prevail? The European had a Law to guide him on this subject; the Native had no well defined Law. The Gov< mor had long thought of this subject, and he availed himself of the present Conference of Chiefs to place his own views before them in the hope that they would cooperate with him to devise such a measure as would simplify Native tenure and enable them to leave the land they inherit in the quiet and undisturbed possession of their children. Scarcely a year passed by without our hearing of war about land in some part of New Zealand. At Tauranga the Natives have been fighting very lately. At Wakahane, Tunupahore, Upper Wanganui, Iliiwke's Bay, Ngapuhi, Te Ihutaroa, and now at Taranaki. It was asserted by some that these wars were occasioned by Government land purchases. This was untrue. The Government used every endeavour to prevent quarrels in conducting the purchase of land, and in those districts New Zealand where no land had been purchased, such as the Ihutaroa, and other places with which the Government did not interfeie, bloody feudes were carried on between the different tribes from time lo time. Powerful tribes took possession of land by driving off (or exterminating) the original inhabitants; those in their turn drove off other less powerful tribes. The conqueror enjoyed the property while he had the power ol keeping it. None weie certsing how long they could occupy the land in peace. It is true that Christianity introduced a different state of things. By its influence the conquered were permitted to establish themselves on the lands of their ancestors. In process of time, however, the conquered encroached too far on the formerly recognised rights of the conqueror, occasioning, up lo the present day, much bitterness of feeling between these two classes of claimants. Tribes vary in their customs about land, but after all iheir various customs are liable to be superseded by the Law of Might. He would not detain them longer, but wished them to consider this Message well before they expressed an opinion on it. If any felt anxious to express their opinions at once he invited them to do so. Speeches were delivered by the following Chiefs, viz :— Tukihamene, Tamihaua Te Ruparaha, Hone Ropiha (a few words,) Parakaia Tararoa, Matene, Ilimona, Tohi Te Ururangi, Kihirioi, Perenara, Mori Kerei Te Kotuku, Te Karainu, Paora Tuhaere, Hukiki, Ihakara, Wi Tamihana Te Neke, Tainihana Te Rupahara, (2nd speech.) Rop.ta llurumutu, Parakaia Te Pouepa, Meeting adjourned to the 19th instant. THURSDAY, 19th JULY, 1860. The Native Secretary occupied the attention of the Chiefs to-d;iy with the following speech— Yesterday some ot the Chiefs of this Conference took occasion to animadvert on the war at Taranaki. Their remarks were sent to the Governor thai His Kxcellency might, if he thought proner to do so, direct tha* a statement of the circumstance connected with the differences existing between himself and William King should be hid before you: The Governor's explanation of this /natter has been this day sent to you, that you may be correctly informed with reference to it ; that you may neither shape a judgment in the dark nor take a rasli view uider the influence of mere suspicion, or through the false reports and exaggerated statements which have been in circulation throughout the country.
11
E—No. 9
MINUTES OF PROCEEDINGS OP
Before reading the Governor's Message, I will state to you a portion of what has come under my own knowledge in connexion with this place (Taranaki). I will not go back to the invasion of the Ngapuhi, but will commence with the first sale to Colonel Wakefield at Aropaoa in 1839, by the Atiawa residing on the opposite shores of the country better known to you as Kapiti. Their names are in the Deed transferring the land. There are the names of Hawe, of William King, of Ranponga, Ngarewa, Manurau, Mare and otlier of the Ngatiaiva. I will not detain you by reading all the names. These are the principal clue's who transferred the land. The name of William King Te Rangitake is the first of the signatures to the Deed. The whole district was alienated at that time. No portion of it was excepted, for the Ngatiawa looked upon it as tenitory which they had left, abandoned, and forsaken for ever : to which they had bidden a final farewell, and which had passed into the hands of the Wnikatos. At that time they did not expect ever 10 return to it. This was the reason why the Atiawas wished to sell it to the Pakehas : hence the sale (o Colonel Wakefield. The arrangement was made by William King himself, and the payment was received. On Colonel Wakefield's return to Wellington, the Chiefs of the Ngatia»a residing there deputed Tuarau and another of their Chiefs to go to the people who were living at Ngamohi (Taranaki) to inform them of the sale of the land. L'uarau accoidingly went, and on arriving assembled the people and told them what had taken pWe. They expressed their satisfaclion : they were delight at the nrospect of Pakehas coming to live among them as friends. Now would they come to lite, and the light of heaven, secure from Waikato. The assent of Awatea, Eruera Te Puke, of Ngatirahiri, Karoro, Poharama, Te Whiti, Tangatu and others, seventy-nine in number, was given. These were all the people living upon the land at that time, whose names appear on this detd of sale. This was the second purchase. This sale included Taranaki and Waitara. This '.eriitory was purchased, and the payment was ijiven to the men who were at that time residing upon the land. It was then surveyed, and afterwards Europeans came to settle upon it. I sha 1 not speak of William King's visit to Ngapuhi, and what passed between him an Potatau's younger brother: they had a difference about that land, Kati said to William King, " That land will be sold to the Governor." William King replied, " Then I will sell the Waipa Valley as a payment for my slain." (Alluding to an encounter ivliich took place between the Ngatiawa of Taranaki and the people of Waipa). Oα Kati's return from the North he repeated what had passed between himself and Wi Kingi to the old chief Potatau, just now deceased. Soon after, Potatau went to Kapiti with Governor Hobson. Afterwards he said to the Governor, " Friend, listen to me ! Taranaki is mine ; my hand holds it, I wish to sell it to you." The window of the room in which this conversation took place happened to be open, arid some papers which had been lying on the table, were scattered by the wind. The old chief collected them and, replacing them on the table, put a weight upon them and addressing the Governor, siid, " This is like Taranaki. if I pre?s the Taranaki people, they will remain quiet. See, O ! Governor, when I put a weight upon them they cannot move." Time passed on, Governor Hobson considered tlie matter, and alter having done so, consented to the purchase from Waikato. Here is the Deed of transfer—[Deed read], — The signatures to this Deed are those of Te Kati who lies buried at Man»ere, and of Te Wherowhero, just now deceased, at his own place cX Waikato. Now, in accordance with your customs, this land was completely forfeited and gone ;of the men who once possessed it some had been brought as slaves to Waikato, some had gone to Kapiti. It was a complete abandonment of a conquered territory. When the first payment was made a portion of the goods was brought from Kapiti to Waikato Te Pakaru received a share as also Te Aw.iitaia; but neither Potatau nor Kati got any. These two Chiefs were therefore displeased, and applied to the Governor urging him to give them a payment. After the transactions to which I have referred, the Europeans supposed that the land had finally passed into their possession. Accordingly it was suiveyed, and portions were allotted to individual settlers, some were also set apart for the Maories, within the European boundaries. Settlers came from England with the plans of their sections in their hands, expecting to find them ready lor occupation. The Natives who had been permitted to return from Waikato came and interfered with the Europeans, who had settled upon the land, claiming it as their own, the former also maintaining their claims. Animosities thus sprung up between the Europeans and the Maories During this state of affairs some of the Waikato Chiefs interfered, and admonished the Maojies to dwell in peace, and to treat the Eutopeans with kindness, threatening them with another invasion if they refused to listen. Such were the sentiments of Waisato at that time. Nuihona Te Pakaru of Kawhia and other of the Waikato Chiefs went there and thus admonished the Taranaki people. Mr. Spain, the Commissioner appointed for the purpose of inquiring into questions of land claims, had, previous to this, given a decision on this question. He did not award the whole of the land sold ; he restricted the extent of the Europeans' claim to what he considered a fair equivalent for th epayment given by Colonel Wakefield, and fixed the Northern boundary at Te Taniwha, thence Paritutu and thence inland. The claim which Colonel Wakefield put in tor the whole of the land was not allowed by Mr. Spain, a small portion only of the land was retained. Captain Fitzßoy was Governor at this time, which was also the time of my going to Taranaki. He looked at the unsatisfactory state of affairs at Taranaki, and out of consideration for the claims of the residents— of those who were living at Kapiti, and of those still in slavery in various parts of the island, he made a different arrangement from Mr. Spain's, and decided that a fixed payment should be given for the land, whether as included in Colonel Wakefieled's purchase, or in Mr. Spain's award ; in order that the Pakehas might occupy their land with a clear and undisputed title. The Governor instructed me to give this payment, that the Maories might dwell in peace with the Europeans. The Europeans were angry with this new arrangement of Governor Kilzßoy's, and one of the Queen's Ministers in England also condemned it. But when the matter came before the Queen, Her Majesty would not allow the word of her Governor to be set aside. Payments were accordingly made at
12
E—No. 9
THE KOHIMARAMA CONFERENCE.
Taranaki, and divided among the claimants to the land. In Governor Fitzßoy's time land-purchas-ing was again commenced in that district. The purchases of the Government during that period down to the arrival of Governor <Irey, at Taranaki, are shown upon this map, which I hold in my hand. When Governor Grey came he considered what had been done by Governor Fitzßoy in reference to Mr. Spain's award, und then said to me, " It is well for yon to continue to make further payments for the land although it has been long since acquired by the Government, but in doing so you must cause the Natives distinctly to understand ihat ample provision will be made for them out of the land required by the Government, and that those who refuse to come into this arrangement cannot be recognised as the true owners of the iand, some of them have recently thought proper to occupy." The Governor also authorised a small payment to the absentees at Kapili in the South. In all future purchases these two principles were to be recognised. Such were the instructions which I received from Governor Grey, whose letter containing them I now hold in my hand. In the year 1847 Waitara was offered lor sale. Claims were duly investigated. This was before the letuin of the people from Kapiti. The Natives residing on the land said, "It will not be right to entertain the claims of those absentees who forsook the land, and took no part in defending it against the Waikatus : let the whole payment be given to us." The Government did not, however, accept this view, and when any payment was made, it was divided, and a portion was sent to Kapiti. The purchase of the Wuitaia was kept in abeyance until the claims should be clearly ascertained. In 1848 I went to Kapiti, and there was a large gathering at Waikanae, at which William King Te Rangitake proposed to return to Waitara. When he was informed that the Waitara was under offer to the Government he said, " Let me return thither, and I will then consider the matter. When I get there one side of the river shall be yours and the North side mine, whence I can look out for the Waikatos, in case that tribe should meditate an attack upon us." That was his word, which is retained in the memories of myself and of others here present, who heard whai passed between us. William King was allowed to locate himself at Waitara, and nothing was said by the Europeans aboui the land : there was no attempt to press the matter hastily. William King returned with his people ; the sanction of the Governor to his doing so had been given, though the act was on his part intended as one of defiance. On his w;iy he heard that the sale of Mangati was under negotiation. He met me on this side of Whanganui and said to me, "Do not give the payment for Mangati. lam willing that it should be sold, but I have a clnim on it: let the payment bp kept back until I arrive there. When I am there let it be given." I replied, "It is well, Wiliiam." Some months afterwards I called together all the people of Puketapu and other places to receive the payment, William King also was invited to be present to witness the payment. He came, and when the goods had been apportioned out among the several divisions of the tribes, I looked to f-ee what portion was assigned for William King. None appeared ; he got nothing. I therefore came to the conclusion that William King had no claim at Mangati. Te Keene here asked, " How mmy payments did tbe one of which you speak make?" Native Secretary: This was the third or fourth payment for some of the Taranaki land. Chiefs of the Conference, peihaps I aru wearying you with this long account of a matter in which many of you have little inteiest. From the Council: " No, no, Mr. McLean, speak on, speak on. , ' Native Secretaty : I will rot detain you very long on this subject. You have heard of the irst purchase, and of the many subsequent payments. .No payment was given for Waitara at this time ; the payments to which I refer were given for land then bought for the occupation of the Europeans. The Taranaki people are now asserting a claim to territory which has become the property of the Government. Waikato has taken up arms to hold that which their own Chiefs gave to the Europeans, spreading it forth for their acceptance in the light of day, and under the shining sun of heaven. Had it been territory not previously touched or broken into, it would have been different; but this was notthe case. The land has been consumed ;it cannot return to its original stale any more than the ashes of the dead fire can be rekindled. Let the Chiefs of the Council look at the tacts of the case, and consider then) well. This statement is not a new one, it was made by me at Waikato, and the old Chief who has just died, fully admitted its truth. Referring to it he said, "It is correct." Why is it that by some, contrary views are now expressed, instead of pains being taken to asceilain the real merits of the question? Does it indicate an inclination to return to the customs of the day gone by ? There are two things which in my opinion, have been the main causes of the present state of affaiis. One is the land holding league, the other tne Maori-king project. When V\ illiam King lived at Kapiti he was a well disposed Chief, and behaved well on vaiious occasions as became the son of Reretauwhangawhanga. When he returned to the soil which formerly belonged to his tribe an alteration took place in him ; he displayed both good and evil, and confusion arose. The Taranaki Natives had previously lived at peace with each other. Human life had been safe, but after his coming blood began to be spilt, murders to be committed, and there was a return to old customs. Not a year passed without our hearing of some evil at Taranaki. Some of you have said, if the Governor had requested us to go to Taranaki the present evil would not have grown. You do not know what those people are I have had long experience of their ways. Te Waka who is here present has seen what they aie. Potatau knew them also. Te Pakaru, Te Awaitaia, Te Anana Hipango, and Takerei Te Rauanganga; we all have seen and known them. Those who have seen and visited that place of quarrels and murders know that the people will not listen to reason. Some of you perhaps think that it, was urgency on the part of the Governor to obtain land, or a desire for war which caused evils to grow at Taranaki. On the contrary the Governor was constantly urging those people to cease destroying each other, and to put an end to their feuds aud fighting which were being carried on before the very doors
13
E—No. 9
MINUTES OF PROCEEDINGS OF
of the European settlers' houses, and there was reason to expect that the Europeans might eventually become involved. In March, 1859, Governor Browne went there, and the Atiawa with William King and the men of Puketapu and Nga Motu assembled to meet him. Te Tahana spoke first, and professed sentiments similar to those which have been here expressed by yourselves, and his desire to live quietly under the protection of the Queen and the laws of the Pakeha. The Governor then stated the object of his visit. His words were to the same effect as those which were addressed Io you on the opening of this Conference. He then warned the people that murders and other like evils must be made to cease in that place. Some assented ; others wished to retain their old customs. Some said "there is no security under the Maori law ; let us dwell under the laws of the Pakehas." The Governor again cautioned the people respecting murder and theft and other crimes. He also spoke to them about the land as a separate matter. He said that each man should be at liberty to sell or retain his own piece, as he might think proper, and that no one should be allowed to interfere in either case. The people of this Island know that the proceedings of the Governo. - were not sudden or hasty—the subject had been long under his consideration. His determination to follow this course was the lesult of the experience of years past; —had it been otherwise it might be spoken of as hastily adopted. A year passed before any action was taken. Possibly the people thought that the Governor would not keep his word. They thought rather to set it aside as a word that would not be made good. The only law they cared to maintain was their law of holding the land. A man transgressing this law by offering to sell land was to be punished with death though the land offered might be his own. At this time some who had heard the Governor's declaration and saw its justice wished to sell a portion of their land to the Government. The offer was accepted in the presence of the assembled people and of William King. Te Teira on behalf of the Ngatihinga and Ngatituaho stated that he wished to cede a small portion of his land to the Government, leaving the greater part of it untouched. He snid to the assembled people—"Listen: it is only my own land that I shall give." He then asked the Governor whether he would consent that his land should he bought. He repeated his question a second and a third time before the Governor replied. The Governor then turning to me said "If it is right, and that he is really the owner, assent. The assent having been given Te Teira brought aparaivai mat and placed it at the feet of the Governor. It lay there for some lime, and was at last taken possession of for the Governor. Others got up to offer their pieces,—but their offers were not accepted as the title did not appear clear. These were accordingly rejected. William King then rose, and without attempting to impugn Teira's title or right to sell, he merely spoke a few words to the effect that Waitara should be held, and then returned to his piace. Before leaving Taranaki I instructed the Land Purchase Commissioner there to investigate carefully the claims to this piece of land, and not to proceed hastily in the matter. He has since been constantly engaged in enquiring into the question of title; William King also being present at the meetings and admitting that the land belonged to the sellers, but refusing his consent to its being sold. If he or any other person had shewn that any portion of the land belonged to him, such a claim -would have been respected. His attempt to hold the land is connected with the land-league and was encouraged by the Maori King movement, otherwise he would not have ventured, as he has repeatedly done to forbid the sale of land to which he never had any claim, not only at Waitara, but at Mokau, at Taranaki, and at other places. Had this been land over which the Native title existed in its original state, there might have been some excuse. After the talk (about the Waitara land), I crossed the straits to Arapaoa, and saw that section of the tribe which is with Itopoama Te One. I mentioned that a portion of the Waitara had been offered. I recited the boundaries and asked, "Does that land belong to William King ?" This I said merely to bring out information on the subject. The reply was, " No; if it was on the other side of Waitara his claim would be just ; but this side belongs to us, let us have the payment." I said, "It will not be light to give it to you now, wait till the matter is clear ; let the claims be investigated on the spot, and then the payment may be given." They pressed the matter, and a third time they urged me to give them the payment. I repl-ed, " Wait until the question is properly settled. Afterwards they agreed to this. The names of these Arapaoa people, who have claims at Waitara, are Ropoama Te One, Ripeka, Ngawhena, Te Herewini, Iliaka, Te Retimoua, Timoti, Awaru, Haimona, Henare Rupuha, Arapere, Hamiora, Tohi Perihira, Nata, Rakira, Eruera T<! Rangi, Whiroa, Te Rei, at Port Nicholson, and others. 'I hese peojile consented to the sale. It was I who delayed the matter, wishing that the claims should bo investigated upon the land of their forefathers. I went to Heretunga, and when I returned I was unable to give further attention to the matter. You know very well that no man's land is taken unjustly from him. The Ngatituahu and Ngatihinga in times past claimed the totarus and the produce of the Waitara river. Ngatikura and Ngatituiti recognised their right, and some times exchanged other produce with them for toloras and lampreys. Harewa was chief of the firft named tribes Ropoama, who lives at Arapaoa, is descended from the same ancestors, and represents these tribes. Patukakariki, eon of Karewa and brother of Kuatokanruku, may ::lso have a claim on the land. It has always been left open to him to assert it, but he h's riot done so hitherto. The Governor has never refused to listen to any just claims if properly brought forward. Do not pretend to say that Te Teira alone received payment for the land at Waitara. He was not even the largest claimant, but merely the spokesman of the sellers. This is the deed of th<> sale, which 1 shall now read to you. [Deed read.] The inland boundary has not been cut. It was left thus on account of differences, and has remained uncut until the present time. And yet some of you and other chiefs talk about hasty-
14
E—No. 0
THE KOHIMARAMA CONFERENCE.
measures as having caused a feeling of dissatisfaction among you. According to Waikato no force can be justly employed against any tribe except with their concurrence and approval. They do not bear in mind that this question has been under discussion during many years, fto rash haste marked the Governor's proceedings when he went to Taranaki. He wrote to William King and invited him to a friendly Conference, but the latter refused to come. When the surveyors went peaceably to survey the land, he opposed them with force, and compelled them to retire. The soldiers then weut to protect the survey. William King waited, hoping that one of his men might be killed and so furnish a pretext for fighting, and that it might be said that the Europeans had commenced it. Then aPa was set up on the land. The officer commanding the troops sent a letter to William King in the hope of dissuading him from compelling hostilities, but it was treated with contempt. Thus did he wrongly provoke the war which has been carried on since that time to the present. It was then that the Pa was fired upon by the soldiers. After this followed the acts of the Ngatiruanui and Taranaki. I shall not speak of these as you are well acquainted with the particulars. Enough. You have now heard the causes out ot which the war at Taranaki has sprung. I shall proceed to read the Governor's Message to you :— Message No. 3. Thomas Gore Browne, Governor. Many of the Chiefs assembled at Kohimarama having expressed a wish to be correctly informed jof the events at Taranaki, the Governor has instructed Mr. McLean to relate truly all that has occurred. The Chiefs will learn from him that many of the Maories in that district had earnestly desired the Governor to put an end to their bloody and disgraceful feuds which constantly endangered the peace of the District, destroying many of their own lives and endangering those of the Europeans. In compliance with their urgent request, the Governor declared his intentions at a meeting at which William King was present in March 1859 ; but William King, supported by men opposed to the sale of land, trampled upon his words, and assumed to himself the right of forbidding other Chiefs to do what they please with their own. William King was present when Teira made the offer and described the boundaries, also when the money was paid to Teira, and did not urge any claim to share in it ; but he drove away the Surveyors, and when asked to the Governor and declare what claim he had upon the land or what right he had to interfere, he refused to come, and when the land was occupied by the Queen's troops he built aPa upon it and obstructed the road. Even then he was allowed to go in peace, the Pa being destroyed. Not satisfied with this, he built a second Pa which was destroyed, and now he has built others, and remains in arms against Her Majesty. The Chiefs will therefore see that it was not the Governor who commenced the war, or desired it, but William King ; all this, however, will be related in full and explainedby Mr . McLean. Government House, July 19th, 1860. Meeting adjourned to 20th instant. FRIDAY, JULY 20th, 1860. The Native Secretary suggested that Tamati Waka should commence the day's speeches, and that he should be followed by Nopera, Awarahia, and the other members who only recently arrived. The speeches accordingly took the following order, viz. : — Tamati Waka Nene, Nopera, Katipa Te Awarahi, Te Ao-o-te-rangi, Petaera Wharerahi, Mete Kingi, Tamihana Te Rauparaha, Te Rira Porutu, / Tukihaumene, (A lew words in reply from the Native Secretary,) Paora Tuhaere, Hapurona Tohikura, Pehimana, Ihakara Ngariri, Hone Wiremu Hipango, Hori Kerei, Parakaia Te Pouepa. Meeting adjourned to '23rd instant.
15
E—No. 9
MINUTES OF PROCEEDINGS OF
MONDAY, JULY 23rd, 1860. Printed copies of Message No. 2 having been distributed, the Native Secretary made a few observations thereon, and again requested the Chiefs to give the subject their most careful consideration. Speeches were delivered by the following Chiefs, vie. :— Tamihana Te Rapauraha, Matene Te Whiwhi, Tohi Te Ururangi, Tukihaumene, Paora Tuhaere. Mete Kingi, Tamihana, (East Cape), Irimana, Hapurona Tohikura, Te Keone. Meeting adjourned te 24th instant. TUESDAY, JULY 24th, 1860. The Nati/e Secretary again adverted to Message No. 2. He reminded the Chiefs of the difficulties at present surrounding their land claims, and pointed out the desirability of their adopting some general plan for the definition of tribal boundaries. He concluded by requesting them to give the subject their careful consideration on their return to their respective tribes. Speeches were delivered by the following Chiefs, viz. :— Te RiraPorutu, (Questions from Hohepa Tamaihengia and Tamihana Te Rauparaha,) Te Rira Porutu, (in reply,) Wi Tamiliana Te Neke, Horomona Toremi, ManiheraTe Ngahoro, Hukiki, Piri Kawau, Te Ao-o-te-rangi Te Amohau, Tohi Te Ururangi, Kuruhou, Tamati Waka Nene, Te Keene, Tamihana Te Rauparaha, Matene Te Whiwhi, Te Makarini, Wiremu Patene, (Some words in reply from the Native Secretary), Pehimana, Ropata Hurumutu. Meeting adjourned to 25th instant. WEDNESDAY, JULY 25th, 1860. The Native Secretary announced the receipt of a Message from FHs Excellency the Governor. He did not intend to interrupt their present discussion, but would simply read the Message, and and would enter into an explanation of it when the subject now under consideration had beeu disposed of. He then proceeded to read Message No. 4. Message No. 4. Thomas Gore Browne, Governor. The Governor has instructed the Native Secretary to explain to the Chiefs assembled at Kohimarama the nature of mixed Juries, and he desires to know their views and wishes when they have well considered the subject. Government House, July 24th, 1860. Auckland, 24th July, 1860. His Excellency the Governor having called upon his Responsible Advisers to express their opinion as to the advisability of a measure for the introduction of Juries composed of an equal number of Europeans and Natives, for the trial of Natives on criminal charges. His Excellency's Advisers have to state that the inclination of their judgment is in favour of such a measure.
16
E—No. 9
THE KOHIMARAMA CONFERENCE.
The Natives are virtually, though not technically, Foreigners, and are prima facie, entitled to the advantage extended by the English Law to other Foreigners in the Jury de medietate lingoae. This has been long recognised, and the formation of mixed Juries provided for by the Colonial Legislature. But practical difficulties arising out of the low social state of the Maories, have hitherto been supposed to make the Jury de medietate a questionable benefit either to the Natives themselves or the Country. Their tribal divisions and ancestral hatreds have, in particular, been considered to constitute obstacles. It has been thought that a fair trial could not be secured if the accused were tried by Natives of other, and possibly hostile Tribes ; whilst, if members of the own Tribe were allowed to sit on the Jury, convictions would become impossible, and the ends of Justice be defeated. The diminution of hostile feeling between Tribe and Tribe due to a state of comparative peace to the increase of the European population, and to the advancing civilization of the Natives themselves, has lessened the force of these objections; and the obvious fairness of the principle of mixed Juries is so great a moral advantage, that, as already stated, Ministers believe that the time has come for its introduction. It will be observed that the adoption of the Institution is entirely in accordance with the spirit of the legislation on Native Affairs of the late Session of the General Assembly. The existing law upon the subject of mixed Juries ("Jury Amendment Ordinance, 1844, Leg. Cnl., Isess. 3, No. 2, cl. I.") appears technically defective, so that further legislation would probably be necessary. But before any measure is introduced in the General Assembly, Ministers recommend that the subject be brought before the Native Meeting at Kohimarama, that the difficulties which have stood in the way of the introduction of mixed Juries be fully explained, and that the sense of the Meeting be taken upon the question whether such Juries would be practicable and would work well. (Signed) C. W. Richmond. Speeches were delivered by the following Chiefs, viz.:— Tamiliana Te Rauparaha, Hone Ropiha(afew words), M«te Kinjji, WireiuuTamihanaTeNeke, Hohepa Tamaihengia, Piri Kauwau, Tamihana Te Rauparaha (2nd speech), Mohi. Meeting adjourned to 26th instant, THURSDAY, 26th JULY, 1860. The Native Secretary opened the Conference with the following speech :— Friends, Chiefs of the Runanga,— No doubt you will be anxious to hear the most recent news from Taranaki. The intelligence received by the last steamer is that 750 fresh troops have arrived at Taranaki from Australia: as the older men among you would count, 300. No engagement lias taken place since the one at Puketakauere. I have not previously given the whole of you the particulars of that fight, although I have named it to many most interested in it. The Governor, as I have before stated, has been unjustly charged with making war. I believe that in this instance it was the Waikato who provoked an encounter: they fired upon the so'diers, who had been directed by their chief not to molest any Natives, friends or foes. The soldiers were in the vicinity of tie Camp when they were fiied upon. It was then that the troops turned out, when an encounter took place, in which 30 of the troops were killed. It is not the practice of the Europeans to conceal the number of their slain, —therefore you are frankly informed of the loss sustained by the English on this occasion. The number of the Natives killed is not known, —it is repotted that many were slain. Among the chiefs who fell was Wi Kingi's brother, Matiu; and, since the engagement, Hapurona is said to have died of his wounds; it is also slated some Waikatos were killed. I merely refer now to the men of rank whose names are known to you. The Governor was always in hope that this state of things might have been averted, and some terms arranged for putting an end to the war. Tlie Governor desires peace: but how is he to give effect to his desire when the Natives compel him to fight in self-defence ? It has'been said that, if Wi Kingi had been left to himeelf, this matter would have ended. It is the interference of other tribes that prolongs the struggle. You have alieady heard of the long cherished design of the Taranaki and Ngatiruanui to destroy the Europeans. This lias been intended for the last seven years. It is not the custom of the troops to take advantage of unprotected persons, who may be passing to and fro. Recently, a European at Waitara, who went to look after cattle, was fired upon, and received three wounds, fiom which he is not expected to recover. It is stated that Kawhia people are making certain proposals of peace,— but, as the steamer was leaving, and the people making the proposal were in the bush or out of sight, Mr. Whiteley, who was in communication with them, could not definitely state the terms. With respect to the statement of Tamihana and Mohi, they cau be easily answered. In due course, I will reply to their speeches. It is quite conect that you should all freely express your
17
E—Kb. 9
MINUTES OF PROCEEDINGS OF
sentiments; but I do not wish to take up too much of your time to-day in replying, especially as there are other matters of importance coming before you. Some of you have expressed a wish to know more of the Treaty of Waitangi. The Governor has sent that Treaty, and I shall presently read it to you,—and, if you see anything that is not understood by you, the Governor directs that it should be explained. The question of mixed Juries has also, by the Governor's orders, to be explained,—but this will take up a great deal of time, and may interfere with the desire of some of you to speak. Speechs were delivered by the following Chiefs, viz.: — Te Otene, Hone Ropiha Tamaha, Taraihana Te Rauparaha, Tomika Te Mutu, Te rtmohau, Paora Tuhaere, Tohi Te Ururangi, Taiapo, Henare Piikuatua, Ihakara, Hukiki, The Native Secretary, in conclusion, having read the Treaty of Waitangi, addressed ths; Conference, as follows :-— Chiefs of the Conference, — I have now to make some observations on the Treaty of Waitangi. Some of you say that it was agreed to at a time when the who first signed it, were foolish or ignorant, — and that their consent was not an intelligent one. To this you attribute Heke's and other disturbances. But why refer to things that are past? They are now forgotten. No ill-feeling remains on either side. Those quarrels are regarded as the acts of rebellious children against their parent. With regard to the Treaty, I think Tamati Waka and the other Ngapuhi Chiefs showed themselves to be wise men in asking for protection. Hongi Hika was a sagacious Chief, and although he destroyed many lives in war, yet he was a man of great mind who loved his country, foresaw danger and provided against it. He and others perceived the necessity of having protection. They applied to the King of England for it, and the result was this Treaty of Waitangi. Whatever you may now say respecting it, it has been a great boon to you. It is folly to accuse your Chiefs of the past generation of ignorance. Do not imagine that you are intellectually superior to them, or that they were less competent than yourselves to form a judgment as to what would benefit their people. Had they not the same faculties as you? And were they not quite as capable of using them ? You should not impugn the wisdom of those chiefs who signed this treaty. Let not the children now talk of repudiating the wise acts of their fathers. They knew in their day what they were about as well as or better than you of the present generation. This Treaty should be regarded by you as a valuable property, the benefit of which will be experienced by you in your day and hereafter by your children. It is quite Hue that what is done here may be considered as a fuller ratification of that treaty on your part. I therefore agree with you, Paul, in your view as to the importance of a Conference like the present at which, as you observe, the various tribes of New Zealand are so well represented. Your words also, Thompson, are correct. Attempts have been made in England to set aside this Treaty. But the Queen maintained it. She would not take advantage of your ignorance to set it aside ; and let me tell you, Chiefs of the Council, that that Treaty is your safeguard. If it were set aside you would be the sufferers. Meeting adjourned to 27th insant. FRIDAY, 27th JULY, 1860. The Native Secretary observed that as there were several Chiefs present, who having buc recently arrived, had not yet addressed the Conference he would not detain them tfith a speech, but invited them to come forward and express their opinions. Speeches were delivered by the following Chiefs, viz., Matene Te Whiwhi, Parakara Te Pouepa, Kawana Paipai, Honetana, Tamati Aramoho, Paora Tuhare, Ihakara,
18
E—No. 9
THE KOHIMARAMA CONFERENCE
Mete Kingi, Maihi, Hemi Pate, Ihakara (in reply,) Hapuku, Mavvae, Tamehana Te Raupataha, Tukihamene, Hukiki. The Native Secretaiy stated that he would enter into an explanation of the principle of Mixed Juries on the following Thursday. Meeting adjourned to Ist August 1850. WEDNESDAY, Ist AUGUST, 1860. In opening to-day's proceedings the Native Secretary remarked that he had intended to cuter v.pon an explanation of the English mode of succession to landed property, but that as he noticed several new-comers present, he would reserve his observations for another opportunity in order not to detain them from giving expression to their wishes and opinions. He proceeded to read a letter from Paratene Puhata apologising for his absence from the Conference on the plea of sickness. He stated that others of a similar character had been received, but that he did not think it necessary to detain the Conference by reading them Speeches were delivered by the following Chiefs, viz.:— Paikea, Wiremu Tipena, Aram a Karaka, Te Hemara, Manuka, Hone Waiti, Winiata Papabia, Karawai, Wiremu Tipene (2nd speech,) Ngarongomau, Herewini Matetaitua, Wiremu Nero Te Awaitaia, Taiaroa, Meeting adjourned to the 2nd instant. THURSDAY, 2nd AUGUST, 1860. The Native Secretary opened the day's proceedings with the following speech :— On a former day I adverted to the question of Mixed Juries. I shall now make some observations on this subject. Natives have often complained that they are not permitted to take part in trials where persons of their own race are concerned. I refer now particularly to cases of murder. When a Pakeha kills a Maori the punishment of the offender rests in the hands of an English Jury. The Maori naturally says " Let me have a share in the trial of a case where my countryman is concerned." This subject was considered long ago. Even in Governor Fizroy's time a law to meet such cases was framed, but the mutual jealousies and hatreds of tiie tribes presented an insuperable barrier to its being brought into operation. This was the difficulty. The tribes carried their prejudices to such an extent as to make it seem probable that in any case where the prisoner belonged to the same tribe as the Native Jurors they would, even though his guilt were proved, contend for his acquittal, and, on the other hand, should he happen to belong to another tribe, their vindictive feeling might induce them to punish the prisoner, whether right or wrong. You perceive then, that these inter-tribal jealousies have hitherto been the great obstacle to the adoption of some law of the character indicated. .. Some of our wise Councellors have recommended tbat the principle of Mixed Juries should be admitted ; that in cases of murder oi manslaughter were persons of the Maori race are interested, English and Maori Jurors should co-operate in deciding whether the prisoner be guilty or not. If found guilty the Judge decrees the punishment. You are requested to give this matter your careful consideration. When you return to your respective places, let your thoughts d veil on this subject, and determine amongst yourselves what views to advance. You have been convened for the purpose of affording you an opportunity of devising measures for your own improvement. You are requested now to state whether, in your opinion, the Maorj
19
E—No. 9
MINUTES OF PROCEEDINGS OF
is sufficiently advanced to permit of his taking a share in the English Jury, or whether it would be advisable to delay the exercise of this privilege till the Native race is better qualified for it. You may choose between these alternatives :—Either signify your approval of the suggestion of Mixed Juries, or recommend the postponement of such a measure. I have nothing more to say on this subject at present. I will only repeat that the matter now rests in your own hands. Any matured suggestions that you may have to make will be communicated by me to the Governor for his consideration. ( Vide Appendix.) I wish now to call your attention to another subject. The Governor has directed me to explain to you the English mode of succession to property. At present the Maories have no definite law to regulate the disposal of the property of deceased persons, and consequently there is much confusion and much trouble. One man claims the property and then another claims it. Both parties may have some right to it, and neither of them will waive his claims. Thus difficulties arise. The Governor suggests that you should consider whether the English law of succession to property might not advantageously be adopted by yourselves. As I remarked on a former occasion, the old men are passing away. Paikea, Te Amohau and a few others, are all that remain. Those who are versed in ilstori law and usages are disappearing. Their children must take their place. The ancient land-marks and boundaries will not be known by the children. This will give rise to endless confusion, unless some new system is adopted. Let some new law be recognised, so that when your relatives die there will be no difficulty afterwards in disposing of their land and other property. Do not suppose that a system of this kind would be difficult. It is very simple. While a man is in health he will consider to whom he would wish his property to go in the event of his death. He will put his decision on paper, stating clearly to whom this tiling shall belong and to whom that thing shall belong. He will then sign it in the presence of two witnesses. The last wishes of the testator will thus be known, and will be strictly observed. A man's property is at bis own disposal, and he may therefore bequeath it to whomsoever he will. If the man be possessed of land he will ascertain the boundaries and define them clearly in his Will, i n order to prevent any subsequent inconvenience. When a man dies intestate all the property goes to the eldest son ; if be dies, then to his eldest son, but if the eldest son has no issue, it goes to the second son of the deceased ; or if there be no male issue it is divided amongst the daughters ; and if there be no issue at all, it gees to the father of deceased. If the father be duad, the property goes to the eldest brother of deceased, or to his issue. If there be no brother the property will be equally divided amongst the sisters of deceased. This law has been adopted by the Pakeha to prevent litigation about property after a man's death. I have explained this to you that you may know the rules observed by the Pakeha. When this law appears in the Maori Messenger you will be able to look deliberately and form a judgment on it. } J ° The Governor is anxious that these subjects should be fully explained to you, as it is not desirable that you should be ignorant of Pakeha usages and customs. I have nothing more to say at present. Speeches were delivered by the following Chiefs, viz.: Tahana furoa, Kaniwhaniwha, Wiremu Te Wheoro, Te Waaka Te Ruki, Hetaraka Neio, Hftaraka Te Tahiwi, Te Kerue, Kuruhou, Tamehana Te Rauparaha, Kihari, Tamehana Te Rauparaha (2nd speech), Hapurona Tohikura, Tohi Te Ururangi, Parukaia Te Tuahau, Te Manihera Ruia, Paor t Tuhaere, Wiremu Nero Te Awaitaia, tlonatana. In conclusion a few explanatory observations from the Native Secretary. Meeting adjourned to the 3rd instant. FRIDAY, 3rd AUGUsT, I SCO. The Native Secretary observed that it was the Governor's wish that the Chief* of the Conference should be made acquamted with h» add,ess to the House of Representatives on the P recedu>« Monday. Some hfteen or twenty of them we « admitted to the floor of the House, and had thert
20
E—No. 9
THE KOHIMAHAMA CONFERENCE.
been room the others should have had the same privilege. For their information he would now read to them a translation of His Excellency's Address: — (Read accordingly.) He then proceeded to read letters from the undermentioned Chiefs, apologising for their inability to attend the Conference : — lleihana Huatari, Te Taniwha, Waata Kukutai, Paora Pou, Ranapia Te Kuri, Taata Hiku, Pene Pukewliau, Hone Wetere, Rewi, Mohi Tawhai, Maihi Mokongohi, Nepia Taratoa, Speeches were delivered by the following Chiefs : — Tamehana Te Rauparaha, Paora Tuhaere, Maihi Paraone Kawiti, (The Native Secretary in reply.) Taiapo, Arama Karaka, Ngahutuhuru, Tohi Te Ururangi, Tamati Hapimana, Tamati Wharehinaki, Tomika Te Mutu, (A few remarks from the Native Secretary.) Matene Te Whiwhi, Tere-a-Maku, (Further remarks from the Native Secretary.) Parakaia, Te Amohau, Hemi Matini, Te Makarini, Wiremu Patene, Matene, Mohi, Tamehana Te Raupaiaha (2nd speech), Paora Tuhaere (2nd speech), Tamehana Te Rauparaha (3rd speech), lhakara, Hukiki, Some concluding observations by the Native Secretary. The following Petition was handed to the Chairman :— Kohim&rama, August 3, 1860. Our kind Parent, Governor Browne, — All the Chiefs of this Conference, sitting at Kohimarama, near Auckland, have united in a request that this Conference of the Maori Chiefs of the Island of New Zealand should be established and made permanent by you, as a means of clearing away evils affecting both Europeans and Natives. By such a Conference, light, peace, and prosperity, will be diffused throughout the Island. By us, by all the Chiefs of this Conference, (Signed,) Tamehana Te Rauparaha, (and others ) Meeting adjourned to the 6th instant. MONDAY, 6th AUGUST, 1860. The Native Secretary: — Chiefs of the Conference ! During the past week you discussed questions affecting your land. You received a Message from the Governor suggesting the definition of tribal boundaries to land, and the individualization of title. He has requested you to bring the subject under the notice of your respective tribes when you return home, that you may devise some plan for the accomplishment of this object. You have received another Message suggesting mixed Juries (of English and Maori) in cases of murder, in order that you may take part in trials where persons of your own race are concerned.
21
E—No. 9
MINUTES OF PROCEEDINGS OF
You have also had submitted to yon a code of Elementary Rules prepared by your friend Dr. Martin, the first Chief Justice of New Zealand. His object in putting forth these Rules was to supply some simple means for the administration of justice in Native Districts remote from English towns, and thus to supersede Maori usages. You have also received a full explanation of the circumstances which led to the Taranaki war ; and the Governor has had explained to you the English Law of Succession to property with the hope that you may be induced to adopt it, or something on the same prrinciple, and thus to remove many of your present difficulties. You have, moreover, heard the particulars of the Maori King movement, and your opinions thereon have beeii solicited. And you have expressed a wish that a Conference should be held periodically. I invite your attention this week to another subject. I wish you to take under your notice the expediency of considering some regulations for the better management of your settlements. How would it answer if a Chief was appointed in each district to communicate with the Government, and maintain order among his people "? Ido not refer to settlements in the neighbourhood of English towns, but to those in remote places where access to the English Courts is not easily available. You might also consider whether English Magistrates would not be an assistance in connexion with the Native Rupanga, in settling disputes. If Mohi of Pukaki were present to-day I should reply to his speech. I shall wait till I have an opportunity of giving my reply in the hearing of many of the Waikatos. (A voice '< He is not here.") I hear that Waikato and Hauraki are proposing that a distinct Runanga should be held for them ; but mjr impression is that they ought to attend a Runanga like the present where they would have had an opportunity of expressing their opinions in the presence of Chiefs from all parts of the country, for even Taiaroa from the extreme South is here. The Hauraki people have probably absented themselves on account of illness. If this is not the case, they were wrong to leave it for the pakehas alone to welcome the strangers. Speeches were delivered in the following order :— Mete Kingi Paetahi, Tahana Turoa, Eruera Patuone, Wiremu Nero Te Awaitaia, Tamehana Te Rauparaha, Parone, Manuka, Makarini, (Observations by Native Secretary,) Makarini (in reply,) Wiremu Patene, The last speaker having expressed his satisfaction that Mr. H. T. Clarke has been appointed Resident Magistrate for the Bay of Plenty, and assured the Conference of his determination to exert all his influence to uphold Mr. Clarke's authority,—the Native Secretary put the following question: " Chiefs of Ngaiterangi, ofTeArawa and of Tuhourangi, do you concur in the sentiments of Wiremu Patene respecting Mr. Clarke? A general assent from the Bay of Plenty Chiefs. The Native Secretary then requested the attention of the meeting to the speech of Waihi Paraone Kawiti. At the conclusion of Waihi's speech, he (the Native Secretary) made some explanatory remarks. Subsequent speeches took the follow ing order :— Ihakara, Te Amohau, Taiaroa. Meeting adjourned to the 7th instant. TUESDAY, 7th AUGUST, 1860. The Native Secretary, in his introductoiy remarks to-day, observed that he wished to correct an error into which the Ngatiraukawa people had fallen respecting Potatau's sentiments towards the Pakehas. He assured them that Potatau's conduct towards the settlers had been uniformly characterised hy kindness and good-will. And, in support ot this statement, he read to them a speech delivered by that Chief on the 26th May last, to the Ngatiwatua tribe. He also gave an account of his interview with Potatau at Ngaruawahia. Speeches were delivered in the following order :— Hemi Matenga, Hemi Karaka,
22
E—No. i>
THE KOHIMARAMA CONFERENCE
Tamehana Te Rauparaha, Wiremu Tipene, Matene, Paora Tuhaere, Horomona, Te Rira Porutu, Herewini Te Amohau, Perenata, Wi Pohi, Arama Karaka(2nd speech), Ihakara, Patuone, (Some explanatory observations by the Native Secretary.) Parakaia. Meeting adjourned to the Bth instant. WEDNESDAY, Bth AUGUST, 1860. The Native Secretary:— Let those Chiefs who have expressed their opinions give place now to those who have not yet spoken, lest any one should go home and say that he had not an opportunity allowed him of addressing the Conference. Some of the Chiefs have expressed a wish to speak on the subject of the Taranahi War, that we may hear their views. Let those who are interested in the subject take it up. We have just received news from Taranaki. The newspapers slate that war is still waging. A few unarmed men have been shot by the Natives. The insurgents have advanced nearer to the town, and are plundering the settler's houses and cattle. I may here inform you that in English Councils it is the custom for members to give notice in writing of the subject on which they intended to speak on a future day. Members are thus prepared to hear the speeches in the order in which they have been notified. All confusion or disorder is thus obviated. I simply mention this that you may think it over. Speeches were delivered in the following order:— Hohepa Tamaihengia, Wi Tamihana Te Neke, Hori (of N^apuhi), Hohaia Pokaitara, Te Rira Porutu, Moroiiti Kiharoa, Ropata Hurumutu, Ihakara, Nopua Te Ngiha. Manihera Matangi, Mete Kingi, Horopapera Putoko, Hukiki, Tamehana Te Rauparaha, Te Amohau, Meeting adjourned to the 9th instant. THURSDAY, 9ih AUGUST, 1860. In his opening speech the Native Secretary informed the Chiefs that their petition for another Conference had been forwarded to the Governor, and that His Excellency had sent down a Message to the House of Representatives recommending it; after which he again adverted, at some 'ength, te the Taranaki question. Speeches were then delivered in the following order, viz. ; — Tamehana Te Rauparaha, Hemi Matenga, Hetaraka Nero, Te WakaTe Rkui, Te Manihera Ngatora, Parakaia, (Some remarks by the Native Secretary,) Hemi Pare, Hapihana Te Otaota, Wiiemu Tamehana,
23
E—No. 9
MINUTES OF PROCEEDINGS OF
Matene Te Whiwhi, Arama Karaka, Tatnehana Turoa, Paora Tuhaere, Horomana Toremi, Perenara, Ngahutuhuru, Meeting adjourned to the 10th instant. FRIDAY, 10th AUGUST, 1860. The Native Secretary intimated to the Chiefs that the principal work of the Conference weuld close on this day, and that His Excellency would dismiss them in person on the morrow. He acquainted them with his intention of visiting his native land as soon as the state of this country would warrant his leaving it. He urged the Chiefs to devote their attention to peaceful arts on their return to their various hapus and tribes. In conclusion he recommended that they should before they separated arrive at some definite expression of opinion on the several subjects which had been brought under their notice during the proceedings of the Conference. The following resolutions were adopted by the Conference. Proposed by Paikea ; seconded by Manihera Ruia : — " That this Conference takes cognizance of the fact that the several Chiefs, members thereof, are pledged to each other, to do nothing inconsistent with their declared recognition of the Queen's Sovereignty, and of the union of the two races ; also to discountenance all proceedings tending to a breach of the covenant here solemnly entered into by them." Proposed by Wiremu Nero Te Awaitaia ; seconded by Hamiora Matenga Tv :— " That this Conference is of opinion that the project of setting up a Maori King in New Zealand is a cause of strife and division, and is fraught with trouble to the country." Proposed by Winiata Pakamu Tohi Te Ururangi ; seconded by Perenara :— " That this Conference having heard explained the circumstances which led to the War at Taranaki, is of opinion that the Governor was justified in the course taken by him ; that Wiremu Kingi himself provoked the quarrel; and that the proceedings of the latter are wholly indefensible." Proposed by Wiremu Tamihana ; seconded by Manihera Matangi : — " That this Conference deprecates in the strongest manner the murders of unarmed Europeans committed by the Natives now fighting at Taranaki." Proposed by Tamihana Te Rauparaha ; seconded by Mete Kingi:— " That this Conference desires to thank the Bishop of New Zealand for his kindness in allowing , hem to use the buildings at Kohimarama." Proposed by Wiremu Patene WhFtirangi; seconded by Hemiora Matenga Tv : — " That this Conference desires to thank His Excellency the Governor for his goodness to the Maori people ; that is, for his constant kindness and love to them ; and also, for granting them this great boon, the Runanga, whereby they are enabled to express their views, and to piopose measures for the settlement of the difficulties which arise among the Native people." Proposed by Te Makarini Te Oka; seconded by Tamehana Te Rauparaha : — "That this Conference desites to thank their friend, Mr. McLean, for his great exertions on their behalf, and for his kindness to the Natives of the Island of New Zealand : and to assure him that if he should ever leave this country he will never be forgotten by this Runauga—never, never !'' The meeting adjourned to the Uth instant. SATURDAY, 11th AUGUST, 1860. His Excellency the Governor closed the Conference in person, with the following Address, a translation of which was afterwards read by the Native Secretary:— My Friends, Chiefs of New Zealand, — At this Conference, Chiefs from all parts of New Zealand have, for t'l; first time, met together. You have received from me renewed assurances of Her Majesty's regard for your welfare, and you have heard the guarantees given in the Treaty of Waitangi repeated on Her Majesty's behalf. Various matters upon which you were imperfectly or incorrectly informed have been explained to you.
24
THE KOHIMARAMA CONFERENCE.
E—No. 9
Tour attention has been directed to the necessity of some better provision for the administration of justice in Native Districts, and a code of rules prepared by Dr. Martin (the late Chief Justice of New Zealand) haa been submitted to you. You have been invited to consider the subject of Mixed Juries in cases of murder, where persons of the Maori race are concerned. Suggestions have been made to you for defining tribal boundaries to land, and securing individual titles, with the view of removing many of the difficulties at present surrounding Native Title. The English law of succession to property, and the manner of making a will, as a means of preventing future litigation, have been explained to you. You have been requested to state your sentiments and wiihes freely, and to make known your grievances, in order that (if possible) they might be redressed. The circumstances which have led to the present disturbances at Taranaki have (at your request) been explained to you, and I think it right to repeat that I was forced into this war by the aggressions of Wiremu Kingi, much against my will; that I desire peace, but it must be peace based on the establishment of law and order, in the place of murder and outrage;—peace which will enable the Pakeha and the Maori to live together in quiet, and without fear or distrust of each other. Nothing affecting the interests and welfare of your race has been concealed from you, and I doubt not you are quite sincere in the sentiments of loyalty to Her Majesty and friendship to the Europeans which you have so generally expressed. I trust, therefore, that this Conference will prove to have been the means of restoring and strengthening confidence between the two races. Convinced of Her Majesty's desire that her subjects should live in peace, you will return to your homes reassured and enabled to correct any false impressions which may still linger in the thoughts of your people. The education of your children, greater attention to the cultivation of the soil, the erection of better houses to live in, and the acquisition of European property, will, I sincerely trust, claim your chief attention, when you return to your people. I shall have great pleasure in reporting to our most gracious Sovereign that her Maori subjects (in whose welfare she takes so deep an interest) have conducted their first Conference in most orderly and creditable manner, and that they have given ample proof that they are neither wanting in intelligence nor good feeling—information which will be very gratifying to her, and scarcely less so to her Pakeha subjects in England as well as in New Zealand. A faithful record of this Conference will be preserved by the Government, and I am sure that hereafter your children will peruse it with much satisfaction, as a history of the first steps towards that self-government which I trust they will comprehend and enjoy. It now only remains for me to inform you that the Conference will be convened again next year, and the Assembly will assist me in devising measures for the establishment of order, and for the good of your race generally. In the interval between the present time and the next Conference, I trust you will carefully consider the subjects to which your attention has been directed, in order that you may come prepared to express matured opinions, and to recommend measures for giving practical effect to your wishes. Farewell, my friends ! and may God protect you and guide you in the ways of wisdom and the paths of peace. The Address was loudly applauded by the Chiefs. His Excellency took occasion to present, in the name of Her Majesty, to Hori Kingi Te Anaua, Kawana Paipai, for himself and the three Wanganui Chiefs named in the margin, four silver-mounted staffs, bearing Te Mawae> the Royal Arms and an inscription. He observed that it afforded Her Majesty much pleasure to Tim)a recognise in this manner the services rendered by those Chiefs to Her Majesty's Government m New Hori Kingi made an appropriate acknowledgment, and assured His Excellency that nothing would shake his allegiance to the Queen. The following is a list of the Chiefs who arrived at intervals after the opening of the Conferene and took part in its proceedings, viz. :— Ngapuhi:—Eruera Mahi Paraone, Maihi Paraone Kawiti, Hore Te Hau, Honatana, Hori Winiata, Wetiriki Maki, Kuhukuhu, Wiremu Te Hakiro, Wiremu Kawiti, Matiu, Wiremu Te Whatanui, Pomare, Paikea Te Wiohau, Hone Waiti, Paraoue Ngawake, Tipene Te Awhato, Te Alatenga Te Whe. Arama Karaka and Manuka Matohi. Ngatiwhatua :—lhikiera, Te Otene Kikokiko and Pakihi Taraia. Ngatimahanga :—Wiremu Nero Te Awaitaia and Hetaraka Nero. Ngatihourua :—Te Matutaera Kaniwhaniwha. Te Rarawa : —Te Hakitara Wharekawa. Tainui :—Te Ao-o-te RangL Te Akitai:—Mohi Ahiatengu and Paora Te Iwi. Ngatiruru :—Mohi Te Rongomawhata and Te Rewiti Puhata. Te Aravva :—Parakaia Tararoa, Petaera, Te Ngahue, Hori Te Kotuku, Penerara, Matene, Hamiona, Manehira Kainamu, Rawharitua and Te Kuhe. Walter Buller, (Secretary of Conference.
25
E—No. 9
MINUTES OF PROCEEDINGS OF KOHIMARAMA. CONFERENCE.
APPENDIX. Recommended that an explanation of the mode of Succession to lauded property should be sent with a short Message from His Excellency to the Chiefs of the Conference at Kohimarama. (Signed) Donald McLean. 31st July, 1860. [Enclosure.] A pakeha can not only sell his land during his life but he can do as he likes with it after his death. The way in which this is done is as follows :— He must write his wishes on a paper stating that he wishes his land after his death to go to so and so. This paper must be signed in the presence of two witnesses all together at the same time, who must sign their names to the paper as witnesses. This paper must then be given to some one to take care of. When the testator dies the paper is produced and will ensure the wishes of the dead man being carried into effect. This writing called a Will, may be made at any time, and may he altered as often as he wishes during his life, the last writing always destroying the effect of the preceding one. The man may give his land by his Will to whom he likes. It is usual to give it to his children, a piece to this and a piece to the other, and so on, in each case clearly defining the boundaries. And as soon as the man dies, the child, or whoever it is, enters quietly into possession, and retains it for his own. And he can similarly make a Will of it. If a man dies without a Will, the land all goes lo his eldest son. If the eldest son is dead when the death happens, it will go to the eldest son of the eldest son. If he has no children it will go to the second son of the dead man, and so to his children. If there are no sons it will go to all the daughters equally,) and to their children. If he has no children it will go to his father. If his father is dead, it will go to his (deceased's) next brother and his children. If he is dead, the next brother, and so on. If there are no brothers, the sisters come in in equal shares. But whoever gets or holds land, holds it without claims from relatives or any other person.
26
Permanent link to this item
https://paperspast.natlib.govt.nz/parliamentary/AJHR1860-I.2.1.6.19/1
Bibliographic details
MINUTES OF PROCEEDINGS OF THE KOHIMARAMA CONFERENCE OF NATIVE CHIEFS., Appendix to the Journals of the House of Representatives, 1860 Session I, E-09
Word Count
17,077MINUTES OF PROCEEDINGS OF THE KOHIMARAMA CONFERENCE OF NATIVE CHIEFS. Appendix to the Journals of the House of Representatives, 1860 Session I, E-09
Using This Item
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.