E.—No. 4.
PAPERS RELATIVE TO NATIVE AFFAIRS.
RETURN TO AN ORDER OF THE HOUSE OF REPRESENTATIVES OF 6th 4.UGUST, 1862.
(Mr. Stafford.)
AUCKLAND.
1863.
E.—No. 4.
SECTION I.—BAY OF ISLANDS. No. 1. CIRCULAR LKTTER OP INSTRUCTIONS. Attorney-General's Office, Auckland, January 9th, 1862. Sir,— I call your attention to the provisions of the Jury Oi'dinance, 1841, and the Jury Amendment Ordinance, 1844. Under these Ordinances, it is the duty of the Police Magistrate in every District, on the 1st February, to call a special meeting of Justices residing within twenty miles of his office, for the purpose of forming a Jury List. The Justices at such meeting, any two being a quorum, are to prepare a List in alphabetical order, of all men qualified and liable to serve as Jurors, setting forth the Christian and surname of each, at full length, and his place of abode and calling or business. He is to cause a copy of such list to be affixed upon the principal door of his office, with a notice subjoined that objections thereto will be heard and determined by him at any time within ten days of such meeting. Persons disabled by lunacy, unsoundness of mind, deafness, blindness, or other infirmity, are not liable to serve, and the Magistrate has power to strike the names of such persons out of the list. A copy of the list so corrected is to be transmitted forthwith to the Sheriff1 of the District. As regards Aboriginal Natives, it will be your duty to observe the regulations which you will find duly published in the Gazette, and which are to the following effect: — The Resident Magistrate in every District is to ascertain, to the best of his ability, the persons of the aboriginal race who, in his judgment, may from, their personal qualifications, appear to be capable to serve on juries. He is to prepare a list of such persons, and return the same to His Excellency, who will make any and what selections he may please from such list, and will return the list corrected and duly certified to the Magistrate. The list so corrected and certified will be transmitted by the Magistrate to the Sheriff. I have to beg your careful attention to these instructions, particularly as regards the list of Native Jurors, so that in case it should be necessary to have recourse to Native Jurors for the purpose of administering the law in your District, there should be no failure of justice for want of such lists. I have, he, Francis D. Fenton, The Resident Magistrate. Assistant Law Officer.
No. 2. CIRCULAR LETTER OF INSTRUCTIONS. Attorney-General's Office, Auckland, January 9th, 1862. Sir,— With reference to my circular of this date, instructing you to form lists of Native Jurors, I have further to instruct you, in forming your judgment as to the capability of Individual Natives, to take every opportunity of obtaining reliable information from persons likely to supply it, such as
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Missionaries, Ministers of Religion, Magistrates, Native Assessors, and other persons having local and personal knowledge. The information so obtained may be adopted as a groundwork for forming your own judgment. You will be good enough to report shortly, for His Excellency's guidance, the particulars of information so obtained. I have, &c, Francis D. Fenton, The Resident Magistrate. Assistant Law Officer.
No. 3. C1B0ULAR LETTER OF INSTRUCTIONS. Attorney-General's Office, Auckland, 26th March, 1862. Sir, — Herewith you will receive Warrant, under the hand of the Governor, authorising and directing you to administer the Oath of Allegiance to all persons who may be appointed to any place of Trust or Profit in yonr District. I also enclose ten copies of the Oath. It will be advisable that all the Officers of each Hundred should subscribe the same Oath. When sworn, and the Jurat signed by yourself, you must annex the Oath to the Warrant, and keep them recorded in your office. You will also take care that each person for the future takes the Oath of Allegiance immediately on his appointment to an office. And you will be good enough to explain to the people generally the Nature of an Oath, especially the Oath of Allegiance. I have, <kc, Francis D. Fenton, Assistant Law Officer.
No. 4. THE HONORABLE THE NATIVE MINISTER TO CIVIL COMMISSIONER, WAIMATE. Colonial Secretary's Office, Native Department, April 26th, 1862. Sir, — I have the honor to acknowledge the receipt of your Letter of the 5th inst,, containing a Report of the first Meeting of the Runanga of the Bay of Islands District, and other Documents relating to that event. I regret that His Excellency's absence prevents my laying these Documents before him at present. But in the meantime, I have to express the very great satisfaction with which I and the other Members of his Excellency's Government have perused them, and been made acquainted with the entire success which has attended this very important step in the progress of the institutions now being introduced for the Government of the Natives. The Government feel very greatly indebted to you for the zeal, discretion, and energy you have exhibited on this occasion, and I have much pleasure in stating that I shall recommend for His Excellency's confirmation all that you have done in the course of the proceedings reported upon. The report of the proceedings in the Maori language has been sent to the press, and will be ready in a few days, when you shall receive a sufficient number for immediate circulation. The reports in both languages will be published in an entire number of the Maori Messenger for general distribution, and will also be laid on the table of the House of Representatives. I have, &c, William Fox. The Civil Commissioner, Waimate.
■•"*"■«' aper\ T 1862 > —' —————
No. 5. THE HONORABLE THE ATTORNEY-GENERAL TO R. C. BARSTOW, R.M. Attorney-General's Office, Auckland, 6th March, 1862. Sir,— Among the arrangements made by His Excellency for bringing into operation his plan of Native Government, the Bay of Islands has been divided into three hundreds for the purposes of the Native Circuit Courts Act, 1858, and for the proper administration of justice there.
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I am directed by the Attorney-General to inform you that the Government, relying on your desire to co-operate with His Excellency in the measure necessary to carry his plan into complete effect, wish that you should undertake the duties of a Resident Magistrate, under the Act referred to, within the hundred of Kororareka in addition to those now fulfilled by you under the Resident Magistrates' Ordinance. Your salary being at present £250, the Government will be prepared to increase the same to £350, the additional £100, being as a remuneration for services and commutation of travelling allowance. The limits of the hundreds constituted in the Bay of Islands will be found in the Gazette of the 3rd February, page 71, &c. An immediate reply is requested. I have, &c, Francis D. Fenton, Assistant Law Officer. R. C. Barstow, Resident Magistrate, Bay of Islands.
No. 6. K. C. BARSTOW, R.M., TO THE HONORABLE THE ATTORNEY-GENERAL. Resident Magistrate's Court, Russell, 15th March, 1862. Sir,— I have the honor of acknowledging receipt of yours, No. 139, under date the 6th instant. I have great pleasure in undertaking the duties of the office therein proffered to me, and I do not doubt that I have both sufficient capacity and leisure to satisfactorily perform them ; but I must stipulate for two conditions, viz. :— 1. That I remain exactly in statu quo ante, as far as my present offices, pay, and responsibilities are concerned, or that as Resident Magistrate (under the Resident Magistrates' Courts Ordinance), Registration and Returning Officer, Coroner, District Registrar, <fec, I am entirely free from the control of the Civil Commissioner. My reason for this condition is, that certain of these situations render it imperative upon me to pei-form certain duties at fixed times, and must consequently take precedence of all other work. 2. That in case I should find myself unable to carry out, to the satisfaction of my own conscience, the additional duties I now undertake, or His Excellency's Government deem it desirable to make any changes in their management, my resignation of or removal from the situation under the Native Districts Ordinance shall in no way prejudice the retaining my present appointments, for it would be obviously unfair for any Government officer who had originally taken an office for which he deemed himself suitably qualified, that the acceptance at a subsequent period of additional duties of a different character under a new chief should, through any circumstance whatever arising from such acceptance, be used to his detriment as far as related to his prior situations. I wish to place iipon record, in order that this hundred may not be compared hereafter to my disadvantage with the others in this disti-ict, that although the smallest, it contains both the Rawhiti and Waikare Natives, who are by far the most unruly and dissipated of any of the Ngapuhi, and are so broken that there exists no chief in either hapu of sufficient authority to exercise any effectual control; indeed, the very men who by hereditary position should be able to afford the Magistrate assistance, are the most notorious for their drunkenness and vices. I trust that as, from my residence in close proximity with them, I have had better means of knowing the character of each individual than any one else can enjoy, I may be allowed the privilege of recommending Assessors and Policemen, or that only such may be appointed as I may approve of. It is plain that I cannot be expected to do much good imless I can depend upon the efficiency of my Native coadjutors. At a conversation I had with the Civil Commissioner relative to the duties of this situation, he informed me that a clerk and interpreter would be allowed upon the same scale as the other Magistrates ; indeed my knowledge of the Maori language is not sufficient to enable me to give instructions in laws and regulations with that clearness and precision which is desirable, and as this place is resorted to as the town of the district, a great deal of time is consumed in this way even, now. The Commissioner asked me if I could point out anyone qualified to perform these services, and I named Mr. James Hamlyn Greenway, (who had generally acted as interpreter for me) as being by his character, knowledge of, and popularity with the natives of the neighbourhood, well adapted for such purpose, in which recommendation the Civil Commissioner was pleased to concur. Neither clerk nor interpreter have been attached to the Resident Magistrate's Court here during my time of fulfilling the duties ; and I think it would be advisable that the interpreter under the Native District's Court Ordinance, should likewise be appointed to act as Clerk under the Resident Magistrate's Court Ordinance, which would leave much more time at my disposal for efficiently carrying out the former duties. I have, &c, Robert A. Barstow, Resident Magistrate. The Honorable the Attorney-General, Auckland.
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No. 7. RESIDENT MAGISTRATE, RUSSELL, TO THE HONORABLE THE NATIVE MINISTER. Resident Magistrate's Court, Eussell, lOth March, 1862. Sir,— I have been requested by Maanu (or Rewi), the Chief of Rawhiti, to acquaint you with his intention of proceeding to Ngaruawahia (Waikato), in company with Hongi Hika, of Whangaroa, and some thirty or forty followers. Maanu received permission to make this visit, when Sir George Grey was here in November last; but it is only recently that the end of the present month has been fixed upon as the time for making it. Maanu i.s anxious that permission should be given to him to take arms, not exceeding one gun to each man, it being customary upon complimentary visits to make some display. The object of the journey is to take to Waikato his grandson (Mangonui's son), who has lately been married to his cousin, the daughter of Matiu and Kati (Potatau's brother). There are hopes too of receiving presents to induce the Ngapuhi to form an alliance with the "Waikato and King Movement. I trust that I may have an early reply on the subject of the arms, for the Maanu is very anxious to take them ; he will not do so, should His Excellency forbid it. I have, &c, R. C. Barstow, Resident Magistrate. The Native Secretary, Auckland.
No. 8. THE HONORABLE THE NATIVE MINISTER TO RESIDENT MAGISTRATE, RUSSELL. Native Secretary's Office, Auckland, March 13th, 1862. Sir,— In reply to your letter of the 10th instant, requesting to be informed of His Excellency's pleasure on the question whether Maanu and other Ngapuhi Natives, intending to visit Waikato, are to be allowed to carry their guns and ammunition. I am directed to inform you that His Excellency has lately told Mauparoa and Honiana, of the Bay of Islands, that he will not allow them, or any others, to carry arms about the country, and I have to request that you will communicate with Maanu accordingly. I have, &c, H. Halse, Acting Native Secretary. R. C. Barstow, Resident Magistrate, Russell.
SECTION II.—MONGONUI. No. 1. THE RESIDENT MAGISTRATE, MONGONUI, TO THE HONORABLE THE COLONIAL SECRETARY. Resident Magistrate's Office, Mongonui, May 26th, 1862. Sir,— Two Natives, named Amukiri and Nopera Puru, have applied to me to procure for them their double-barrelled guns, which were sent up to Auckland to be repaired before the restrictions on the repairs of guns. They were sent in Captain Butler's vessel, the " Vivid." Captain Butler, who was present at the time the Natives applied to me, says that the statement is correct, and that he knows the guns ; and, as he will be in Auckland in about a week from this, I would recommend that he be authorised to procure and return the guns to their owners. I have, <fec, W. B. White, Resident Magistrate. The Honble. the Colonial Secretary, Auckland.
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No. 2. THE HONBLK THE NATIVE MINISTER TO RESIDENT MAGISTRATE, MONGONUI. Native Secretary's Office, Auckland, July 10th, 1862. Sir,— In reference to your letter of the 26th May last, recommending that some guns sent to Auckland to be repaired before the restriction was placed on the repair of fire arms, should be procured and returned to the owners, I am directed to request that you will be so good as to ascertain the value of the guns, for the information of the Government, in order that the amount may be transmitted through you to the owners. I beg to enclose a letter to Amukiri and Nopera Puru, informing them of the views of the Government on this subject, and have to request that you will be good enough to cause the same tobe forwarded as addressed. I have, <kc, H. Halse, Acting Native Secretary. The Eesident Magistrate, Mongonui.
Enclosure to No. 2. Native Office, Auckland, July 10, 1862. Friends, Aumukiri and Nopera Puru, — Greeting. A letter has been received from Mr. White, relative to your guns, forwarded here to be repaired by the gunsmith. This is the word :—Had your guns been returned in the years when the law was open (i.e., not prohibitory), it would have been well; but now it is contrary to law. Nevertheless, the Government will pay you the value of your guns, and forward it to your loving friend Mr. White, ■who will give it to you. It is not right that the hands of the Natives should meddle with that weapon, inasmuch as Maories are a foolish people in taking up guns. Enough is the word to you. From your loving friend H. Halse.
No. 3. RESIDENT MAGISTRATE, MONGONUI, TO THE HONBLE. THE NATIVE MINISTER. Resident Magistrate's Office, Mongonui, June 2, 1862. Sir,— A great deal of anxiety exists amongst the Natives, relative to the authority of those Chiefs who were Assessors before the election of Runanga Chiefs. Their names are—Wiremu Kingi, Ahipara ; Penetito te Huhu, Victoria; Pene te Pai, Pokonga; Hone Taua, Kareponia ; Wiremu Naihi, Wangaroa. These are most useful men ; I could scarcely do without them. I hope, therefore, that, as the other Assessors have received superior offices, those who have always shown much zeal and energy in cases of emergency should not be neglected, and that they should receive pay as Assessors, say £15 per annnm each. I would also beg to be informed what expenses I am authorised to incur in assembling the first Runanga, and if I shall be justified in drawing upon the Treasury for the salary of the officers of the Runanga, Assessors, and Kareres, from the first of January to the 30th current, amounting to Two Hundred and Ninety-two Pounds, Ten shillings (£292 10s. 0d.). I have, &c, W. B. White. The Native Secretary, Auckland.
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SECTION III.—KAIPARA AND WANGAREI. CORRESPONDENCE RELATIVE TO LAND DISPUTE BETWEEN TIRARAU, OF WAIKOA, AND MATITJ, OF MANGAKAHIA. No. 1. CIVIL COMMISSIONER, WAIMATE, TO THE HONORABLE THE NATIVE MINISTER. REPORT OF DISPUTE BETWEEN MATIU, OF MANGAKAHIA, AND TIRARAU, ABOUT LAND. Waimate, February 7th, 1862. Sir,— On my arrival at the Bay of Islands from Auckland, I learned from Mr. Williams, the Magistrate for the Hundred of Waimate, that a Meeting had been called by the Chief Matiu, of Mangakahia, to oppose what he and his people considered encroachment upon the land by the Chief Tirarau, of Wairoa. Although the latter Chief does not live within this District, and the former, if within it, lives upon its verge, I have instructed Mr. Williams and Mr. Hopkins Clarke, together with a few friendly Chiefs of this District, to proceed without delay to advise them to an amicable adjustment of their dispute. Should there be an Officer of the Government or District Magistrate residing at Kaipara, I would suggest that he, with the Assessor of the District, should be directed by the Government to meet Mr. Williams and the disputants at Wairoa, to prevent hostilities. I understand that both the Chiefs are likely to meet, accompanied by a number of their retainers, to dispute each others claims. The Chief Matiu is under the impression that Tirarau has been urged on with his claim in order to dispose of the land to the Government. I have, therefore, ventured to instruct Mr. Williams to assure both parties that the Government will not purchase any disputed claims, and that until an amicable adjustment can be arrived at the lands cannot be sold either to the Government or any other individual. The time fixed upon to cut the boundary line of land claimed by Matiu, is on the 14th inst. ; and as the Natives are likely to meet in numbers, I have directed Mr. Williams to leave for Mangakahia on the 11th inst., which will afford ample time for seeing the opposing Chief. If the Officer of the Government or Magistrate (if there is one), with the Assessors on the Wairoa, could meet Mr. Williams about that time, they might prevent much mischief—at least, such a friendly interference would be appreciated, and will convince both parties that the Government are not unmindful of their difficulties, showing at the same time a desire to assist in adjusting them. The feeling against Tirarau by the whole of the Ngapuhi tribes of this District is very unfavourable. They believe he has been encroaching upon their territory for some years, and they say they will bear it no longer. One false step taken by Tirarau might rouse the whole of this District, and the Natives have heard that Tirarau is in arms to oppose Matiu. Should it be necessary the District Runanga will be convened to prevent mischief in this District. I have, &c, George Clarke, Civil Commissioner. The Honorable the Native Minister.
No. 2. CIVIL COMMISSIONER, WAIMATE, TO THE HONORABLE THE NATIVE MINISTER. Waimate, February 20th, 1862. Sir,— I have the honor of enclosing to you for the information of His Excellency the Governor, Mr. Williams' report, together with a letter of the Assessors who accompanied him on his visit to the chiefs Tirarau of Wairoa, and Matiu Te Aranui of Mangakahia, to assist them in settling a disputed boundary. As Mr. Williams has not succeeded in adjusting the difficulties, although Matiu and the Ngapuhi chiefs have shewn a willingness to await any action which the Governor may think fit to take before they proceed to any other steps about the disputed boundary, and have requested me to write to them immediately to inform them of what I had recommended, I have ventured to write to Matiu, a copy of which letter I herewith enclose, to assure him that the Government will not purchase disputed lands nor suffer them to be surveyed for purchase. I have been anxious to
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make this point clear to Matiu and his party because according to Native views they have had great grounds for apprehension; having been informed by Tirarau that Mr. Bell had written, to him to say that the Land Commissioner, Mr. Rogan, was directed to survey the disputed block in order to effect a purchase for the Government, that he, Tirarau might pay some of his debts. I am perfectly satisfied that all Hokianga and the greater part of Ngapuhi will support Matiu in his claim, and, should an attempt to take forcible possession be made, that it will lead to bloodshed. I beg therefore to suggest that a letter be written to Tirarau from the Government to the effect that no disputed land will be purchased, and that Mr. Eogan should be instructed to inform Tirarau to this effect, also, a letter to Matiu to the same effect, and a copy of which, is to be forwarded as early as convenient. At the first District Runanga I propose bringing the subject before them and will then forward their decision. I have, &c, George Clarke, Civil Commissioner.
Enclosure 1 to No. 2. Waimate, February 19th, 1862. Sib,— In compliance with your request that in consequence of information I had received that a quarrel of a serious nature was likely to take place between Matiu Te Aranui of Mangakahia, and Tirarau of the Wairoa, I should proceed thither and endeavour to preserve the peace between these parties ; I have the honor to inform you that on the 11th instant, in company with Mr. Hopkins Clarke and three Native Assessors, I proceeded to Mangakahia and had an interview with Matiu. The anticipated quarrel we found to be, as reported, in consequence of a disputed tract of country, Matiu having determined to start on the 14th instant, with an armed party for the purpose of drawing a surveyors' chain along the boundary line, Tirarau at the same time threatening to fire upon them as soon as they appeared on the land. We endeavoured to dissuade Matiu from taking this step, and proposed that the question should be decided either by the district llunanga or by arbitration, and after some difficulty succeeded in obtaining his consent. On the 14th instant, we proceeded to the Poroti, Hori Kingi Tahau's residence, where we met Tahau and Tirarau, and made the same proposal to them; they positively refused to attend any meeting ■which might be held either at Waimate or Mangakahia, but expressed a willingness to attend at Whangarei. On returning to Mangakahia and acquainting Matiu with the result of our interview with Tirarau, he as positively refused to attend at Whangarei, declaring his conviction that Tirarau would never be brought to terms, and therefore he should proceed with his chain. This declaration led to a second long and tedious meeting, which however ended in our obtaining a promise that his party should remain inactive until the 28th February, when, if they could be assured that the Government had stopped any survey or sales, on the part of Tirarau, of the disputed land, a longer time should be agreed upon for negotiation. The anxiety felt by these Natives is occasioned by an assertion made by Tirarau himself, that he is on the point of having a portion of this disputed land surveyed and sold for the purpose of liquidating his debts. Hira Te Awa, who as you arc aware, is an influential chief, spoke in a very decided manner upon the subject; he assured us they were fully determined Tirarau should never hold this land, and that if the Government were unable to settle the question, they should resort to arms and take forcible possession. Matiu has the sympathy of all the influential chiefs in this district, he being generally considered the oppressed party, and I have no doubt that should hostilities once commence he will be joined by most of the Ngapuhi tribes. I trust therefore that in reporting this case to the Government, you will urge the necessity of immediate action, and that such steps should be taken as may lead if possible to an amicable adjustment of the question. I have, &c, Edwakd M. Williams, Resident Magistrate. George Clarke, Esq., Civil Commissioner.
Enclosure 2 to No. 2. Waimate, February 20th, 1863. Friend the Governor. Salutations. We have a word to say to you. We and our pakeha, Edward Williams, went to Mangakahia on the 12th February, to look at the disturbance between Matiu and Te Tirarau. Enough, we stopped Matiu's chain, and we said to him, " Would you not agree to let (this matter) go before the Bunanga?" Matiu replied " Very well, but be quick about it, let it be in the days of February. Do you write to the Governor to keep back the surveyors ; if the surveyors are restrained, do you work in the days of March. If Te Tirarau's side do not keep the surveyors back, evil will be the consequence." Matiu's words to us ended here. On the 14th February we went to Te Tirarau. This was our word to Te Tirarau and Hori Tahua, " Will you not agree to let your dispute with Matiu go before the Eunanga at Waimate ?" Te Tirarau replied, " No, I will not go to Waimate, I don't want any assessors or Eunanga, I am my own assessor, I have no laws. I am only waiting for Matiu's chain; if Matiu brings his chain out, the man (who chains) will be killed by me. I will soon bring out my chain (to measure) off a piece of land to pay my debts. This was what annoyed Matiu, and why ho wished the affair to be quickly brought before the Eunanga at Waimate. These words are ended."
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Friend the Governor. This is our word to you about these speeches ; we say to you be quick and send a letter to the European surveyors to stop them. Do you command them strongly, lest this evil increase, lest it become great, and men die. Our second word to you is about the Kunanga, be quick and convene it, at the Waimato or elsewhere, or at Auckland. That question is for you. If you agree with us do you call Te Tirarau, Hori Tahua, Matiu, and Te Hira Mura, to whatever place you please for the assembling of the Eunanga. Do you attend to these words of ours in the law and love of our God. Sufficient are our words to you. From Him Mabt7po, Tango Hikuwai, Te Hira Pure, Tasiati Waka, Hare Ptxhikuba, Hone Te Ngahtjeu, WlBEMU HAU. To the Governor, Auckland.
Enclosure 3 to No. 2. Waimate, February 20th, 1862. Fbiend Matiu, — Saluting you, I have written to the Governor telling him of your trouble about your land, disputed by Tirarau. Without waiting for the Governor's answer, I venture to assure you that the Government will not buy any disputed land, and that Tirarau or any other chief cannot sell the land in dispute to any one. There is no need of being hasty and quarrelling about it, no one can remove the land; it is not like a blanket, a horse, or a cow, it is perfectly safe, and until you and Tirarau can agree upon the boundary, neither of you can sell. From your friend, Geoege Clabke. To Matiu Te Aranui, Mangakahia.
No. 3. THE HONORABLE THE NATIVE MINISTER TO CIVIL COMMISSIONER, WAIMATE. Native Secretary's Office, Auckland, February 26th, 1862. Sir, — I am directed by the Minister for Native Affairs, to acknowledge the receipt of your letters on the subject of the dispute between Tirarau and Matiu. You are probably not aware, that during the very long period that this dispute has existed, it has been the constant policy of the Government to maintain a stiict neutrality between the parties ; taking especial care to expi'ess no opinion in favour of either party on the question of ownership, and as carefully abstaining (I need not add) from any attempt to purchase the land from either side. If you had known this, you would probably not have attached any weight to the story that Mr. Bell had directed Mr. Rogan to survey the land, or had written to such effect to Tirarau. It will be greatly to be regretted if the terms of your letter to Matiu shall lead that Chief for a moment to suppose that his Title is in any way recognised by the Government, as against Tirarau ; and you are requested to remove at once from his mind any such expectation, should it have been entertained. His Excellency, however, observes that you further propose to bringing the matter before the District Eunanga of the Bay of Islands, and obtaining a decision from that body. I am directed to lose no time in acquainting you that the matter must, on no account, be brought by you before the Runanga, unless Tirarau and his party should fully consent to its investigation there ; and I am to request that, except on that condition, you will as much as possible discourage even the discussion of it there, and certainly prevent anything in the shape of a decision or declaration being made by that body -on the subject. I have, &c, H. Halse, Acting Native Secretaiy. George Clarke, Esq., Civil Commissioner, Bay of Islands.
No. 4. CIVIL COMMISSIONER, WAIMATE, TO THE HONORABLE THE NATIVE MINISTER. Civil Commissioner's Office, Waimate, March 12th, 1862. SlK,— Tour letter of the 26th ultimo, I duly received this morning; and as a number of Natives,
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friends belonging to both Tirarau and Matin, have been for some time waiting to know the decision of the Government upon the disputed lands, I wrote by them to Tirarau and Matiu upon the subject, a copy of those letters I herewith enclose. From the tenor of your letter, I gather that you were apprehensive lest I should in any way compromise the Government, by expressing an opinion upon the ownership of the Land in dispute, or of' having conveyed an idea that the Government in any way recognised Matiu's title. I am not aware that I have done either ; and by reference to Mr. Williams' report and my letter, addressed to Matiu, which is in substance similar to that which was expressed to Tirarau, I think you will find that I carefully avoided committing such an error ; I merely stated that the Government would not purchase the disputed land from either, unless they came to an agreement between themselves to sell it. This I did, in accordance with the repeated assurance given from time to time upon the subject, by the Government, to all Natives holding disputed land. I felt, therefore, no hesitation in repeating those assurances. It is possible you may have observed in my letter to the Government, of the 20th ultimo, what may appear to you to be a bias of mind in favour of Matiu. This, if any, arose from what transpired between Tirarau and the deputation, who, with Mr. Williams, waited upon him, when he endeavoured to lead them to suppose that in the steps he was about taking, he had the approbation of the Government, bringing forward a letter written by Mr. Bell, to convince them that he was fully borne out by the Government, and justifying his conduct, by saying that his object in selling the disputed land was, that he might be enabled to pay his debts. Thus it appeared to me that the honor of the Government was in danger of being compromised by Tirarau, in the eyes of the Natives ; and I thought then, as I do now, that it would be advisable that a letter should bo written to both Chiefs, in order on the one hand to stop what appeared to me the assumption of Tirarau ; and on the other, to remove the apprehension of Matiu, and thereby cut off all plea for hostility. In the steps I have taken, I have endeavoured to act from a sense of duty I owe to the Government, and in a conciliating manner towards the Natives, without, I hope, in any way compromising the honor of the Government, or leading the disjjutants to suppose that the claims of either party have been recognised ; and, although in my Instructions, I was directed to tell the Natives that such subjects as disputed land would have to be settled by the Runanga, yet the decision of the Government in the present case shall be strictly carried out. In the few remarks, which I have offered by way of explanation, I trust that the Government will not think I am wanting in due respect, or have offered them in an improper manner. I regret that I cannot oftener avail myself of their advice, and at all times feel grateful for their Instructions, and when needful, for their correction. I have, &c, George Clarke, Civil Commissioner. The Honorable the Native Minister.
Enclosure to No. 4. Tc Waimate, March 12th, 1862. Friend Matiit,' — I have received a letter from the Government, about the land in dispute between you and Te Tirarau. That letter says that the Government will not purchase disputed land, nor will the Government say to which the land belongs—to you or Te Tirarau ; Mr. Williams' and my word is similar. He was sent there by mo to say that neither ho, nor I, could decide whether the land belonged to you or to Te Tirarau. All wo can do is to urge you to settle the matter gently, and not to fight about it. If you and your men, and Te Tirarau and. his men, are willing to let the Eunanga enquire into the dispute between you and Te Tirarau about your land, and are willing to abide by the decision of the Eunanga, well and good; if you are not willing to have it settled by the Eunanga the Government will not be willing for it to consider the case, as it would not be just to have a one sided investigation. From your friend, Clauke, Civil Commissioner.
No. 5. THE HONBLE. THE NATIVE MINISTER TO CIVIL COMMISSIONER, WAIMATE. Native Secretary's Office, June 4th, 1862. Sir, — I have the honor, by direction of Mr. Fox, to acknowledge the receipt of your letter, dated the 12th of March last, respecting land in dispute between Tirarau and Matiu. In reply, I am to inform you that your explanation is satisfactory. I have, &c, H. Halse, Acting Native Secretary. The Civil Commissioner, Waimate.
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No. 6. CIVIL COMMISSIONER, WAIMATE, TO THE HONBLE. THE NATIVE MINISTER. Civil Commissioner's Office, Waimate, May 24th, 1862. Sir,— I regret to have to inform you that there is a good deal of excitement, and has been for some months, on the Wairoa, the extreme Southern boundary of this district, between Te Tirarau and Matiu te Aranui, both Ngapuhi Chiefs, and nearly related. They have for some years been disputing about the boundaries of their lands on the Wairoa, which lands Te Tirarau informed Matiu and others he was about selling to the Government. I was apprehensive of disturbances amongst them as early as February last, and knowing that the whole of the Ngapuhi Chiefs would be deeply embarrassed in any hostile measures taken by either of these Chiefs, I instructed Mr. Williams, the Magistrate of this Hundred, with Mr. Hopkins Clarke and several influential Chiefs, Assessors, to visit Matiu, and to assure him that the Government would not purchase disputed land without the consent of both claimants; also to visit Te Tirarau, and try and persuade him to settle; their disputes by arbitration, or by some other peaceable way, instead of resorting to arms; but their efforts were not successful, as will be seen from my letter to the Government, February 20th, 1862, covering Mr. William's Report. The Ngapuhi Chiefs—many of them near relatives of Te Tirarau—when assembled at Waimate, in March last, of their own accord wrote a friendly letter to him, to offer their mediation in settling his disputed boundary. The reply from Tirarau was far from satisfactory ; he declined seeing his opponent Matiu, as well as their friendly interposition ; since which hostilities have commenced, and, according to report, three have been killed on each side, and several wounded. 1 have met some of the Ngapulii Chiefs, to consult with them as to the best steps to be taken to prevent further mischief, and at their request have written a letter to Tirarau, a copy of which I herewith enclose, to ask him whether he will now accept of their mediation. If his reply is favorable, they propose proceeding with Hongi Hika, in his small vessel, direct to Wangarei, and from thence to Te Tirarau's Pa. As the belligerents are so near to Wangarei, it is possible you may get earlier information from thence than I may be able to supply. The whole affair is a family squabble, and the settlers have nothing whatever to apprehend from it. George Clarke, Civil Commissioner. _ The Honble. the Native Minister.
Enclosure to No. 6. Te Waimate, May 22nd, 1862. Fbiend, Te Tirabait, — Salutations to you. Your relatives, Kingi Wiremu Tareha, Kingi Hori Kira, Hongi Hika, and other common friends of yourself and Matiu, of the Ngapuhi Tribe, have requested me to write to you, and ask you whether you are willing that they should go by way of Whangarei to visit you, to assist in settling the dispute of the land you are now fighting about. If you consent to this letter, and they receive your letter in answer, they will embark on board the vessel of Hare Hongi Hika. This letter will be conveyed to you by way of Te Kawakawa ; let your letter to me be brought back by the same road. Sir, great is the darkness of my heart, on account of your killing one another. The soul of one man is of greater value than all the land contained in New Zealand. From your loving friend, G. Clarke. Papers are being sent for you and your people to look at.
No. 7. THE HONORABLE THE ATTORNEY-GENERAL TO CIVIL COMMISSIONER, WAIMATE Attorney-General's Office, Auckland, 27th May, 1862. Sib,— His Excellency's Government have heard with great regret that the long-standing-feud between Tirarau and Matiu has broken out and that the Natives are now fighting at Whangarei. I understand that the Natives at the North take part in the quarrel, and that a large party have accompanied Matiu in his hostile attack upon Tirarau. Some of the Chiefs of this party hold
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appointments under Her Majesty and have recently professed to adopt his Excellency's plan of Civil Institution; I refer in particular to Arama Karaka, one of the leadrng Chiefs who have joined Matiu. This intelligence is a source of deep regret and pain to the Government. It is greatly to be regretted that men of good character who have so recently professed loyalty to the Queen, and a desire to adopt civilized habits and institutions, should take part in the open violation of law. I have to request that you will without delay cause it to be publicly announced that his Excellency will regard these violent proceedings with the utmost displeasure ; that all persons engaged in them will be considered unfit to hold appointments under Her Majesty; and that payment of their salaries will be withheld. You will be good enough to cause this to be communicated direct to the parties concerned, and generally to be made public throughout your District. I have, &c, Henry Sewell. The Civil Commissioner, Waimate. Letter of same tenor and date to W. B. White, Resident Magistrate, Mongonui.
No. 8. CIVIL COMMISSIONER, WAIMATE, TO THE HONORABLE THE NATIVE MINISTER. Waimate, June 5, 1862. Sir,— I have the honor to acknowledge your letter of the 27th ultimo, in reference to the disturbance between the Chiefs Tirarau and Matiu, and the measures the Government request me to adopt towards those Natives in the pay of the Government, who have taken part therein. Previously to the receipt of your letters I had upon my own responsibility intimated to the members of the Runanga, the impossibility of continuing the salary of any Native Officer taking part in any Native disturbance. By your letter, I feel enabled to do so authoritatively. While with the Government I deeply regret that respectable Chiefs and near relatives, as in the case with Tirarau and Matiu, should have had recourse to arms, to settle their disputed claims to lands ; and while I deprecate their conduct as disgraceful, and embarrassing to the Government, I cannot say that I have been taken by surprise. I have for some months been apprehensive, of such an event; and have omitted no opportunity to inform the Government, and to use my influence to avert it. By reference to my correspondence with the Government, it will be seen, that as soon as I became acquainted with the disagreement between these two Chiefs, I used every means within my power, and got every Native influence within my reach, to bear upon the case, in order to an amicable adjustment, and made several proposals to the Government for assistance, but from their letter of February 26, 18G2, I regret that I failed iu convincing them that my plans would be productive of good ; and I understood them that they not only stood aloof from any interference but requested that the land dispute referred to, should not form a subject of consideration for the Runanga about to meet at Waimate, without the consent of Tirarau ; and to the present day, I have not been able to learn what steps the Government had taken to prevent a collision, which appeared to me inevitable, from the temper of both Chiefs in reference to the disputed land. Nevertheless I continued my efforts with Matiu, and was so far successful, as to deter him from proceeding to cut his boundary line, which was to be the signal for hostilities on the part of Tirarau, for nearly three months. In the meantime, the Ngapuhi Chiefs wrote a conciliatory letter to Tirarau, offering their mediation to settle the dispute between the two Chiefs. Tirarau's reply, a copy of which was sent to me, appeared to the Ngapuhi Chiefs uninviting and repulsive, consequently they did not proceed to meet him as proposed ; I have since written several letters to both Tirarau and Matiu, offering further services ; and last week induced Hongi, and several other Ngapuhi Chiefs, to go to Wairoa to prevent further hostilities, with I hope some prospect of success. Having as briefly as possible narrated the steps I have taken, to bring this untoward event to a close, attaching as I do, fault on both parties, I beg to offer a few general remarks, with a view to remove what appears to me, an erroneous impression upon the minds of the Government in, reference to the conduct of Ngapuhi Chiefs. With the information I possess, I should have hesitated charging the Ngapuhi with attacking Tirarau ; vice verm, if Matiu is to be considered as Ngapuhi, then Tirarau according to his repeated threats, attacked Ngapuhi, for it is beyond a doubt, that when Matiu proceeded to mark what he considered his boundary line, he was immediately met and opposed by Tirarau, when hostilities commenced. The Government will I am sure be pleased to be corrected upon another point; namely, that instead of a large body of Ngapuhi joining Matiu to attack Tirarau, but a very small party of Ngapuhi, say fifty at most, have joined him ; and when it is remembered, that Ngapuhi can muster and number more than 3,000 fighting men, the fifty which have joined Matiu, may be considered a very small part of the tribe ; I fear a veiy much larger portion of the Ngapuhi have joined Tirarau to attack Matiu, in addition to which, Ngapuhi states that Tirarau has employed a large number of Rotorua Natives, their old enemies, to oppose Matiu.
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Whether the Chief Arama Karaka has joined Matin for war or peace, is problematical; in the late disgraceful skirmish, when three of Matiu's party were killed and three were wounded, Arama Karaka took no part in the affray, and is said to have been much displeased with those who did ; still I am of opinion, that though pacific, he would have been better away, and I have written to him to that effect. The Government will learn with satisfaction, that most of the Ngapuhi Chiefs are making great efforts for conciliating the hostile parties ; and they are very inquisitive to learn what steps the Government have taken, or are proposing to take, with Tirarau, for the restoration of peace ; and they are feeling sore about Rotorua and Ngatiwhatua Natives being employed against them by Tirarau. I can have but little doubt that, with the assistance of Native Officers, we shall be able to restoain Ngapuhi Natives to the extent of preventing any large body joining Matin,, provided the Government can prevail upon Tirarau, and prevent his making further demonstration; and it is satisfactory to know that all the respectable chiefs continue to express their displeasure with parties engaged in hostilities, but more especially with those who ai-e receiving salaries from the Government. The Government seems to express its surprise, that " after professed loyalty, and a desire to adopt civilized habits," such an occurrence should take place ; it is to be regretted, but the Government have no cause for discouragement as to the ultimate success of the Policy ; there has not been time for its operation, and however good, we must not expect it to work as by Magic, changing the Moral and Social State in a day. Our own civilization, the work of centuries, is not without its anomalies arising from remaining ignorance and prejudice ; it was but the other day in the nineteenth century when a National benefit of the greatest magnitude, met with such opposition, as will hardly be credible a century hence. The railway scheme for years, was opposed with such violence, amounting in some cases almost to riot, as to stop its progress, and that not by the vulgar but by gentlemen of the first education ; we ought not therefore to be surprised' or discouraged by a semi-barbarous and uneducated race, presenting anomalies, and sometimes acting in opposition to their best interests, arising from ignorance and prejudice. There will be occurrences in Native affairs, which will at times require and call forth the rebuke of the Government, and I apprehend not the least of our difficulties with the Natives will be in the settling the boundaries of land, which will try and exercise the patience and forbearance of a Parental Government; but by perseverance in the present policy, I am under no apprehension of failure, nor can I yet see anything to discourage the beneficent scheme of the Government. Before closing my letter, I will trouble you with one more remark. The impression upon the minds of the Ngapuhi Chiefs to the present time is, that some promise or encouragement has been held out to Tirarau by the Government, respecting purchasing the disputed land. I know that Tirarau has affirmed it ; the consequence has been that hitherto I have not been able wholly to disabuse their minds ; some have gone so far as to affirm that a deposit has been paid to Tirarau by the Government, and that the case is similar to the Waitara one. I think this incorrect impression might be entirely removed, by giving it a contradiction through the Maori Messenger. Enclosed No. 1, is a copy of my expressions conveyed to the Natives, upon my own responsibility, before receiving your letter expressive of the Governor's displeasure at their conduct in general, but more particularly with those Natives in the pay of the Government. This, although not worded as that which I am directed to circulate, will I think meet the wishes of the Government, be effective with the Natives, without provoking that natural combativeness, which is constitutional. The Government displeasure cannot be too strongly expressed, but if accompanied by anything approaching to a direct threat, it would I fear defeat its own purpose. Under these and other circumstances I have deferred circulating your proclamation in its present form, until I can learn your further pleasure, and beg to submit for your approbation, that the draft No. 2, be substituted. I also enclose a copy of a letter I have just received from Mr. Clendon, which expresses not only the good feeling of Hokianga Chiefs, but of Ngapuhi in general. I have, <fec, George Clarke. Civil Commissioner. The Honorable the Native Minister.
No. 9. W. B. WHITE, R.M., MONGONTJI, TO THE HONORABLE THE ATTORNEY-GENERAL. Resident Magistrate's Office, Mongonui, June 7th, 1862. Sir,— I have just received your letters relative to the disturbances between Tirarau and Matiu. I shall lose no time in making known the opinion of the Government ; at the same time, I am happy to say, none of the Natives of my district have, as yet, joined in this affair, nor do I think they will.
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The persons who have joined belong exclusively to Mr. J. Clarke's district. In case, however, it may have been omitted, I shall immediately communicate with Mr. Clarke on this subject. I have, <kc, W. B. White, Resident Magistrate. The Honorable Henry Sewell.
No. 10. THE HONORABLE THE NATIVE MINISTER TO CIVIL COMMISSIONER, WAIJIATE. Native Department, Colonial Secretary's Office, Auckland, June ICth, 1862. Sir,— I have the honor to acknowledge your letter of the 5th instant, and to inform you that His Excellency's Advisers entirely approve of the measures taken by you in the disturbance between Te Tirarau and Matin, particularly the substitution of your letter for the Government Proclamation. His Excellency the Governor having already proceeded to Whangarei and the Bay of Islands, with a view to an amicable adjustment of the dispute between the two Chiefs, no further observations are necessary at present. I have, <tc, W. Fox. The Civil Commissioner, Waimate.
No. 11. H. R. AUBREY, R.M., WHANGAREI, TO THE HONORABLE THE ATTORNEY-GEXERAL. Resident Magistrate's Court, Whangarei, 10th May, 18G2. Sir,— I have the honor to inform you that a few days after my return from Auckland, I received the enclosed letter from Manihera, Native Assessor, and acting upon the information it contained, I proceeded to the Waitomotomo, with a view to prevent, if possible, the apparently impending collision between the Natives assembled there under the chief Tirarau, of Wairoa, and his opponent Matiu Te Aranui of Mangakahia. On reaching the place indicated by Manihera in his letter, I found that Tirarau had constructed two pahs there, which he was then surrounding with trenches. All the principal chiefs from Wairoa and Wangarei with their followers were aiding in their work, and among them I noticed Parore, Hori, Kingi Tipene Hari, Taurau, and Manihera's son Renata, Manihera himself had started in the morning for Wangarei, but meeting me on the road, returned at my request. There could not have been less then 120 Natives present, all armed with double or single barrel guns and other weapons, and provided with ammunition, and I was given to understand that more were expected in a few days. At a distance of not more than two hundred yards from Tirarau's entrenchments, Matiu Te Aranui had posted his men, who were employing themselves in a similar manner to those under the command of Tirarau. Both parties were working with their arms within reach, and seemed to view each other with mutual distrust; no shots had however been exchanged, and it appeared to be understood on both sides that hostilities were not to commence until their respective fortifications were completed. As I have reason to believe that the Government are aware of the cause of the quarrel between Tirarau and Matiu Te Aranui, I think it will suffice for me to say that Matiu Te Aranui has established himself on the land in dispute with the intention of retaining possession of it by force if necessary, and Tirarau is equally as determined to drive him off it by the same means. Tirarau's was the strongest party when I was at Waitomotomo, but as Matiu was expecting a reinforcement yesterday, probably at this time there is the same number of men on each side. In the course of the conservation I had with Tirarau, I used every argument that occurred to me to induce him to return home and allow the matter in dispute to be settled by a Runanga to be appointed by His Excellency the Governor, but nothing I could say appeared to make any impression upon him, and he only remarked that when Matiu Te Aranui withdrew his men to Mangakahia, he (Tirarau) would return to the Wairoa, but so long as Matiu remained he would remain also. After my interview with Tirarau, I visited the pah of Matiu Te Aranui, accompanied by Manihera ; the reception, however, that I met with from the Natives assembled there was by no means a cordial one, they appeared sullen and disinclined to answer any of the questions I put to them—Matiu
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they said was absent at Mangakaliia. Having expressed a desire to see Arama Kavaka, a Chief I had formerly known, at Hokianga, Manihera and myself were, after some hesitation and delay on the part of the Natives, conducted to a pah in the rear of Matin's. Arama Karaka, as soon as he recognised me, appeared glad to see me and spoke with more freedom than I expected he would on the subject of Mativi Te Aranui's disagreement with Tirarau; he said, in answer to my observation, that the time for an amicable arrangement of the matter in dispute had passed. Two months ago, Matiu might have agreed to have it decided by the Runanga, if it had been held where he wanted it: but Tirarau wished the Runanga to be held at one place, and Matiu at another ; and, as they could not come to any understanding on that point, you see (he added significantly) how the dispute is going to be settled now. After leaving Arama Karaka's Pah, I was told that the Natives at Matiu's Pah had misinformed me, when they stated that Matiu was absent at Mangakaliia, as he was in one of the adjoining huts during nearly the whole of the time I was conversing with Arama Karaka. What was the cause of his not speaking himself, I am imable to explain. From Manihera and others, I learnt that Messrs. Buddie and Gittos, Wesleyan Ministers, had visited Wai torn otomo a few days before me, and those gentlemen appeared to have used their best endeavours to induce the Natives to settle their quarrel in some other way than by force of arms. My own efforts having been attended with the same ill success, and there remaining nothing further for me to do at Waitomotomo, I returned to my station on Thursday last. I may add, for the information of His Excellency's Government, that the place where the Natives are now located is situated about twelve miles to the North of Maungatapere (Mr. Walton's station), and three miles from Warehohe, a branch of the Wairoa Kiver. The distance from my station is nearly forty miles. I have, &c, H. R. Aubrey, Resident Magistrate. The Honorable the Attorney-General.
Enclosure to No. 11. Te Ahipupu, Whangarei, April 30th, 1862. Fbiend Mb. Aubeey,— Salutations to you. This is what I have to say to you. Matiu and all his men have arrived. They have brought guns, and chains to survey the land in dispute. Him and Te Tirarau, Matiu, and party arrived at Waitomotomo on the 24th April; and, on the 25th, commenced to build his pah. Matiu has built two pas. When I heard of it, I went to Waitomotomo, to see and to hear the plans. I went there on the 25th, and saw Te Tirarau and party sitting there, at Waitomotomo. I advised Te Tirarau to retire to Wairoa, and to let Matiu pursue him there (if he chose). But he said, Friend, I will remain here until the men die. Matiu has been many years striving for the men, and for the land. When this conversation was ended, I went to Matiu and party. They were quite close-—probably within half a mile. I went to Matiu's pah, accompanied by Hone Waiti, Maori Minister of Mangawharc. I questioned Matiu. He said, let Tirarau and his party go back. I said, Matiu, you go back, and wait quietly for the Governor and his Runanga. Do not do evil, but be clear. This was what 1 said to Matiu. His reply was, No ; let me get on the land to survey it. The words of Matiu and party were very strong, as were also the words of Tirarau and party. From your loving Friend, Te Maniheba, Native Assessor. Mr. Aubrey, Whangarei.
No. 12. H. B. ATJBEEY, E.M., WHANGABEI, TO THE HONOEABLE THE ATTOBNEY-GENEBAL. Resident Magistrate's Office, Whangarei, 21st May, 1862, 7 o'clock, a.m. SlE,— I have the honor to forward to you, for the information of His Excellency's Government, the enclosed letter which I have just received by the " Petrel," from Manihera, Native Assessor. It will be seen from the contents that hostilities have commenced between Tirarau's and Matiu Te Aranui's Tribes, and that some casualties have occurred. As the " Petrel " leaves immediately for Auckland, I have only time to add that I hope you received the letter I addressed to you reporting my visit to the Waitomotomo and the interview with Tirarau and Arama Karaka. I have, «fec, H. R. Aubrey, The Hon. the Attorney-General, Auckland. Resident Magistrate.
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Enclosure to No. 12. Manihera's House, Raumanga, May 17th, 1862. Feiend Me. Attbeet, — Salutations. This is what I have to say to you. Listen. Eenata Manihera, Ngamako, and Wi Hihi came from the Waitomotomo yesterday, the 16th, and they tell me that Tirarau and Matiu's Natives have fired upon each other, and that some men have been killed. Three of Te Tirarau's were ■wounded, Te Pirihi was wounded in the thigh, Aterea in the hip, and Waikoa in the shoulder. None of these were killed, but Aterea will probably die. Five of Matiu's party were killed outright, and the guns and cartouche boxes were taken by Tirarau's party. This battle was gained by Te Parawhau. Friend, write and inform the Governor that men have fallen on both sides, and that this feud will extend. If you wish to come here, come, and return again afterwards. I shall await you. Friend, I salute you, the friend of the tribes and mine also. This is all. From your loving friend, Te Manihera, Native Assessor. To Mr. Aubrey, Otarakaihoe, Whangarei.
No. 13. H. B. AUBKEY, E.M., TO THE HONBLE. THE ATTOKNEY-GENEBAL. Resident Magistrate's Office, "Whangarei, 28th May, 1862. Sib,— I have the honor to transmit to you the following information, which reached me yesterday from the Wairoa Eiver, Kaipara, concerning the proceedings of the Natives now assembled in arms at Waitomotomo. My informant states that, on the 16th instant, a cannon belonging to Tirarau had been taken up to Whauhoke by some women of his tribe, and that, on the 24th instant, several shots (from small arms) were exchanged between the contending parties at Waitomotomo, without having caused any casualties on either side. The firing was distinctly heard at Tangi Teroria—the old Wesleyan Mission Station on the Wairoa River, a distance of some fifteen miles from the seat of -war. The foregoing is the extent of the intelligence I have received from the Wairoa. Manihera, whom I saw on Monday last, in adverting to the war, expressed the opinion that several of the leading Chiefs at the North would unite with Matiu Te Aranui, and, amongst others, he mentioned the names of Tamati Waka, Mohi Tawai, Hakuene Whai, and Kerei Huirua. Manihera estimated Tirarau's force at one hundred and twenty men, but he did not appear to have any idea of that of Matiu Te Aranui. He remarked that, if Matiu obtained the aid of the Chiefs I have named, Tirarau would not be strong enough to oppose him successfully. I thought it advisable to extract, for the information of the Government, the following sentence from a letter addressed to me, under date the 26th instant, by Mr. Ormiston, a settler of respectability residing at Mangapai; it relates to the Natives of Rotorua, who have no intentions (according to Mr. Ormiston's statement) of interfering in the quarrel between the Ngapuhis :— " Eruera Paimoe, Chief of the Ngatiwhakane, has been here all day waiting letters. He is much annoyed at some report from Wangarei that he intends taking a part in this disturbance at Wairoa. He denies it in toto, and says that he will have nothing to do with either party ; his errand over there, was to request Hohaia to come back to Mangapai." I have only to say that I will take the earliest opportunity of communicating to you any additional intelligence that I may receive from Manihera, or other sources, in regard to the disturbance at Waitomotomo. I have, &c, H. R. Aubrey, Resident Magistrate. The Honorable the Attorney-General.
No. 14. MEMORANDUM by me. commissioner rogan, in reference to land disputed in the KAIPARA AND "WAIROA DISTRICTS. The Wairoa dispute, which now exists between Paikea and Tirarau, is of very ancient date, as the district has been fought for, lost, and re-taken, four different times, previous to the battle of Te Ika a Ranganui. Tlie land disputed by Tirarau and Matiu, at the head of the Wairoa, and on to Mangakahia,
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is also claimed by Paikea and his party, which complicates the dispute almost beyond the hope of an amicable settlement of the difference between these three parties. The whole of this disputed territory formerly belonged to tribes allied to the Kaipara Natives, Ngaitahu and others, who were systematically attacked by the Ngapuhi, and the Natives north of tho Bay of Islands. After a number of years, these people were almost exterminated. Those who escaped, fell back on Kaipara, and became amalgamated with Ngatiwhatua. Paikea, Aramn, Karaka, and other leading Chiefs trace their origin back to these tribes of former days : hence Paikea's claim as the Putake, or root of the soil. On the other side, Tirarau and Parore claim the Wairoa, principally because it has been won in battle by their forefathers, and held for four generations. After the Wairoa district and Whangarei were cleared of their former occupants, then followed migration from different parts of the Bay, to Whangarei, Whatitiri, Mangakahia, Te Wairoa, &c. It does not appear that any serious misunderstanding arose between these people until about 1833, when a quarrel arose between Matiu and Hori Kingi's people about some food, which was supposed to have been stolen, and the initiation was taken by the Mangakahia people way-laying and killing one of Hori's men. Tirarau then raised a war party, and the feud commenced. The Eev. Mr. Baker was sent by the Mission body at the Bay, to endeavour to make peace between the parties, and succeeded in entering the pa at the risk of his life, and induced the Mangakahia Natives to cease righting, by offering to purchase a block of land there. Tirarau retired after a time, and nothing occurred of any consequence until Mr. Baker preferred his claim in the Land Claims Court, and obtained permission to have the boundaries of his land surveyed. After the surveyor and party had been on the ground some days, they were surprised early one morning by an armed party (by Tirarau's direction), and the survey was stopped. Matiu's side is supported by the majority of the Natives at the Bay, and Tirarau's, through Hori Kingi, is maintained by Marsh Brown and party. To return to Paikea. After the great battle of Ika a Ranganui, some of the Kaipara Natives retreated to Waikato. Paikea placed himself and some of his followers under Tirarau's protection. After a period, those who were scattered over the country, gradually returned to their own district, and invited Paikea to be their principal Chief. This party has gathered strength within the last twenty years, whereas Tirarau's people have decreased in numbers. This will account in a measure for their desire to reclaim the land of their forefathers. In 1856 or 57, when Mr. Fenton was stationed at Kaipara, a case of cattle trespass was brought before him, which was decided in favour of Paikea's party. Afterwards they openly maintained their right to the land occupied by Tirarau and Parore, and were nearly coming to a collision, when the Government interfered, and invited both parties to meet at Auckland. This question was discussed for a week, with a view to strike a boundary between the tribes. Tirarau gave up all claim to laud south of Tauraroa, but this would not satisfy Paikea. Last year Paikea's wife died. Tirarau paid him a visit to " tangi" over the dead, and ceded the Wairoa to him. This was looked upon as a settlement of this long pending dispute. In due course, Paikea returned the visit, and it was expected that he would make some cession in return. He, however, did not, and returned home, levying taxes on the Europeans under Tirarau's protection. Letters were addressed by these Chiefs to the Government, to the effect that peace had been made between them. After which, followed the offer for sale of an extensive block of land, situated between Whangarei and the head of the Wairoa river, by Tirarau and Matiu separately, and from Native reports it was considered that the difference between these Chiefs was likely to be settled satisfactorily. I was directed to proceed to Whangarei, for the purpose of seeing Tirarau, and to make arrangements for the survey of the exterior boundaries of the land intended to be disposed of; and on the loth October last, reported to the Government, as follows : — " I proceeded to the Wairoa, to confer with Te Tirarau, regarding a large tract of land in the " interior, which has been offered by himself and Hori Kingi for sale, and in discussing the probability " of an interruption of the survey of this land by Matiu Te Aranui, and his people at Mangakahia, Te " Tirarau and Hori Kingi concluded that, as the difference between the Government and the Taranaki " and Waikato tribes was not yet settled, it was as well to postpone for the present the survey of their " land. I proposed to these Chiefs that the only course I saw clear, in order that an amicable arrange- " ment might be arrived at, was for me to call at Mangakahia, and endeavour to strike a boundary line " on the debateable ground now in dispute between these parties. Hori Kingi replied, that as Matiu " stated his intention of coming this summer to survey the land himself, he would wait to see if this " threat were carried out ; in the meantime, he objected to my calling at Mangakahia." My visit to Kaipara with Tirarau, to ascertain the terms of peace on which he stood with Paikea, to which no conclusion was arrived at, has also been reported to the Government. I have, &c, John Eogan, District Commissioner. May 15th, 1862.
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No. 15. THE HONORABLE THE NATIVE MINISTER TO MK. BULLER. Native Secretary's Office, Auckland, March 12th, 1862. Sib,— I have the honor, by direction of Mr. Sewell, in the absence of Mr. Fox, to request that you will have the goodness to communicate with Te Tirarau of Whangarei, residing at Mareikura, for the purpose of acquainting him with the wish of the Government that the Arawa Natives, temporarily located in the neighbourhood of Whangarei, should immediately return to their own district. You will explain to Te Tirarau that His Excellency the Governor is anxious that the Natives referred to, should return to their respective settlements in the Bay of Plenty, in order that they may take part in working the new system of Government lately introduced among their tribes ; and you will request Te Tirarau, in the name of the Governor, to use his influence to give effect to His Excellency's wish in this respect. There are other reasons which make it desirable that these Natives should leave Whangarei without further delay. At a meeting held by Mr. Halse, at Whangarei, on the 8th August, 1861, the Native Assessor, Paora Te Amohau, agreed to return with all his people to Kotorua, at the latter end of December last. It would be well, if you can communicate with Paora and the other Ngatiwhakane Chiefs, for the purpose of enquiring why this promise has not been kept. Should the want of means of transit be urged as a reason for further delay, you will have the goodness to suggest an application to the Government, who will be prepared to assist to a reasonable extent in providing such means of transit as may be absolutely necessary. You will have the goodness to give your earliest attention to this matter, and report for the information of the Government the result of your communication. I have, etc., H. Halse, Assistant Native Secretary. W. Buller, Esq.,
No. 16. ME. BULLER TO THE HONORABLE THE NATIVE MINISTER. Whangarei, April 5th, 1862. Sir, — Upon receipt of your letter of the 12th ultimo, intimating the wishes of the Government in reference to the Arawa people temporarily located here, I proceeded to Mareikura on the Wairoa river (Kaipara), and put myself into personal communication with Te Tirarau as directed: owing to detention by heavy rains, this journey occupied five days. Te Tirarau expressed entire concurrence in the views of the Government, and stated that he had himself, several months ago, urged the return of the Arawa people, but was over-ruled by the Parawhau Chiefs of Whangarei, who insisted upon their remaining here. He promised to use his influence to the utmost towards giving effect to His Excellency's wish, and at my desire, he wrote a letter to his relative, Te Puku, of Mangakahia, (where a party of the Ngatipikiao is located), requesting him to do likewise. On my return from Mareikura, I visited the section of the Arawa, residing at Otaika, and ascertained from them the general feeling in respect to an immediate return to their district. Paora Te Amohau having already left, I had not an opportunity of seeing him, but, as will presently appear, he is not personally to blame for the non-fulfilment of the promise made to Mr. Halse in August last, that all his people should leave Whangarei in December last. As far as I can ascertain, the number of Arawa people at present located in this district (including women and children) is about 200. These belong to the Ngatiwhakane, Ngatipikiao, and Ngatiparua tribes, being chiefly engaged in digging kauri gum; they are widely dispersed over the district in small working parties, Mangapai forming their head quarters. There is evidently a very general desire among them to get back to their homes, especially now that the new system of Native government is being introduced among their tribes ; but they plead inability to get away unless the Government will assist them with a loan to meet their pecuniary liabilities. The Ngatipikiao section have purchased the " Mavis" schooner from the Nova Scotians at Waipu, for £800, and have paid instalments amounting to £400, a condition of the sale being that the vessel will not be deliverable until the final instalment is paid ; the Natives have no alternative but to continue their gum digging until the required amount is raised, or, by leaving immediately, to sacrifice the whole of the deposit. I cannot help expressing my conviction that in this bargain the Natives have been very unfairly over-reached, the purchase money being excessive and terms of sale unusual. The Ngatiwhakane people have purchased two small vessels —the " Amiria" and the " Maruiwi," for £300 each; on the former there is still a balance of £100 owing, and on the other a balance of £150. Both these vessels are in
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the Lands of the Natives, but, in fairness to the late owners, the tribe should not be allowed to leave the district except under mutual arrangement. If the Government would become security for them, there would not, I apprehend, be any difficulty in their returning home with their vessels and working out the balance there, reasonable time being allowed them for its payment. In the case of the " Mavis" however, unless the Government can assist the Ngatipikiao with an immediate loan of £400 (to meet the present balance), I see no prospect of their getting away for at least another two years. It would be manifestly unjust to compel their immediate return at so great a sacrifice to themselves, as the forfeiture of all their past earnings. Added to these difficulties, the Arawa Natives are very much in debt to the storekeepers here and at Mangapai, Eruera's party alone (at Otaika) admit debts to the amount of £130. I confess I have very little sympathy for these storekeepers ; it is notorious that in dealing with Natives they charge considerably more than to Europeans (sometimes 100 per cent) in order, as they plead, to cover the great risk of " bad debts." Natives are very improvident, and nothing is easier than to coax them into buying goods to almost any extent, provided the payment be indefinitely deferred : •while on the other hand, they are so utterly at fault as to value, —that it is equally easy to impose upon them. Surely the Government is not bound to assist in the recovery of these iniquitous debts ? There are, of course, exceptions, but I submit that, in any case it is unreasonable to suppose that the Governor ■will allow his plans for carrying out the new system of Government to be thwarted or interfered with, simply because a few Europeans have been reckless enough to give these Natives unlimited credit, especially as it was understood that they were to leave the district finally in December last : rather let the storekeepers take their chance of being paid in remittances from Eotorua, for (to meet them on their own ground), this would only be one of the additional risks which their excessive charges are professedly intended to cover. As to means of transit—if some arrangement could be made for securing to the Natives immediate possession of these vessels, they would at once be available for the purpose without any further outlay on the part of the Government. Eruera Te Paimoe (a Ngatiwhakane chief), speaking on behalf of his own hapu, told me that there would be unwillingness on their part to repay the Government in land for any assistance they may obtain. Awaiting further instructions, I have, &c, Walter Buller, K.M., Henry Halse, Esq., R.M., Visiting Whangarei. Acting Native Secretary, Auckland.
No. 17. MR. BULLER TO THE PRIVATE SECRETARY. Whangarei, April 5th, 1862. Sir, — Having just returned from a semi-official trip to the Wairoa River, I think it right to acquaint the Governor of the state of feeling among the Wairoa and Kaipara Natives, in reference to His Excellency's contemplated visit. Although the late disagreement between Te Tirarau and Paikea has been amicably settled, there is still much bitterness of feeling and mutual jealousy between them. Any special attention shewn by His Excellency to Paikea would estrange Te Tirarau, and vice versd. The Uriohau people refuse to meet the Governor, if he should come to them by way of Whangarei; and the Parawhau are equally urgent that His Excellency should give them the first audience. Te Tirarau is anxious that the Governor should come first to Whangarei, aud meet his people at Maungatapere (Walton's homestead), and then, returning to Auckland, make a second trip to meet the Kaipara and Oruawharo Natives (i.e., Ngatiwhatua and Uriohau tribes). His own words to me were to the following effect: —" If the Governor should begin his new system with Te Uriohau, let it end there. He and Paikea may work out their own tikanga ; I shall remain at a distance." I represented to him that probably His Excellency's plans were matured, and could not be altered; also, that the Governor's time was too valuable to allow of needless journeys, simply to humour the caprice of individual Chiefs. He at length assented to this, and said that he would hold a meeting at Mangawhare (Atkin's station), where Parore's people are temporarily located, and then allow him to bring His Excellency up the Wairoa river, in his own boat, to Mareikura, or to Mangakahia, ■where another hui should take place. He seemed anxious that the Governor should visit Mangakahia, as it might prove the occasion of settling a long standing quarrel between himself and Matiu Te Aranui. But, if His Excellency be pressed for time, Matiu would (Tirarau says) respond to an invitation to meet him at Mareikura. From Mangakahia to Whangarei, the distance overland is fifteen miles, and the road very rough. Tirarau would provide His Excellency's party there with horses, or would bring them down again in his boat to the Kaipara. If the Governor can so manage it, the plan of two separate visits would certainly be the best, and would give very general satisfaction. The Wairoa Natives (from Mangawhare upwards) would, if
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sufficient notice were given them, assemble at Maungatapere, and so obviate the necessity of a visit to that river. If His Excellency should determine on the other course, he will probably find it convenient to hold four meetings—namely, at Kaipara, with the Ngatiwhatua j at Oruawharo, with the Uriohau; at Mangawhare, with the Parawhau; and at Mareikura, or at Mangakahia, with the Ngatihine (Kawiti's hapu) and the Parawhau. The Whangarei Natives could be invited to attend at either of these lastnamed places. The Oruawharo Natives have erected a large meeting-house, in anticipation of the Governor's visit, and so have Parore's people, at Mangawhare. I should not have troubled His Excellency with this communication, were I not convinced that an apparent slight to Te Tirarau (however unintentional) would prevent his cordial co-operation in the proposed system of Native Government. I have, <fec, Walter Bullee, Resident Magistrate. The Private Secretary, Auckland.
SECTION IV.—AUCKLAND AND WAIUKU. No. 1. ACTING NATIVE SECRETARY TO H. MONRO. Native Secretary's Office, Auckland, March 15th, 1862. Sir,— A complaint having been made to the Government by Mr. A. Chisholm, of Waiheke, of the trespass of Natives on his land, granted to him by the Crown; and also of the injury done by them to his cattle ; I am directed by Mr. Sewell, to request that you will proceed by the first opportunity to Waiheke, for the purpose of arranging the matter complained of. I have, &c, H. Halse, Acting Native Secretary. H. Monro, Esq., Native Office, Auckland.
No. 2. H. MONRO TO ACTING NATIVE SECRETARY. Auckland, March 24th, 1862. Sir,— I have the honor to report that, in accordance with your instructions, I proceeded to Waiheke on Wednesday, the 18th instant, to enquire into the circumstances of the complaint made by Mr. A. Chisholm. I left Auckland at about eleven a.m., in a Maori boat, and arrived at Waiheke a little before sundown. I proceeded at once to Patene's place at Te Huruhi, but was disappointed at finding that he was not at home, having gone with His Excellency to Coromandel the previous day. Thinking it probable that Patene would accompany the Governor, I had questioned some of his people on the subject previous to leaving Auckland, but was told by them that I might rely upon finding him at home, as the sickness of his sister (which had caused his sudden departure from Auckland) would prevent his leaving. I started for Mr. Chisholm's place on the morning of the 19th, to ascertain the precise nature of his grievances. I found that he could not bring any specific charge against any one, either European or Maori. He complained generally of having lost a number of sheep, but how, or when, he could not say. His suspicions seemed directed more against certain Europeans than the Maoris. I told him that, as regarded the Natives, as there was no evidence to show that they had had anything to do with destroying his sheep, all I could do would be to induce them to remove from his land, if he was still determined upon their leaving. Having been instructed also to ascertain the correctness of a statement made by Chisholm, that a number of Europeans were occupying and removing timber from the Crown Lands at Waiheki, I hired a Native guide, and proceeded to a place on the North side of the Island, called Waihihi, about eight miles distant, where I was given to understand a number of Nova Scotians were at work. On arriving there, I found that the establishment had been broken up, and that the two principals, Messrs. McLeod
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and McLean, had gone to Wliangarei. A schooner was lying off the Beach, and several men were busily engaged in removing their cattle and effects. It appeared that they had heard of the information laid by Chisholm, and of the intention of the Government to send some one down to enquire into the matter; but whether this sudden removal was in consequence of that, or of having cut all the available timber, I was unable to ascertain. Judging from the appearance of the establishment, the number of sledge wads, and the quantity of wood cleared away, these people must have been at work for many months. * From Waihihi I went to a place at Putiki, where I had been informed that a European, named Harry Trice, was engaged with a party in cutting firewood from the Crown Land. It appeared, however, that there was no one at work there save Trice himself, and that he was not cutting on his own account, but was employed by a person named Brown. The house occupied by Trice had been built by a man named Jackman. While the land was in the possession of the Natives, it was purchased by Trice for the sum of £10; and although the land was subsequently sold to the Government, Trice has ever since continued to occupy the house. Brown seems to consider that he has a right to cut the wood from that portion of the Government land. According to his statement, he purchased the clump of wood from Patene Puhatta, for the sum of £30, previous to the purchase of the block by the Government; and that it had been specially stipulated by Patene, and agreed to by Mr. McLean, that he should be permitted to remove it. At present, he is cutting, on land belonging to a Maori Chief, named Mohi, having paid him £50 for permission to do so. I returned in the evening to Patene's place, and had a long talk with one of the two parties residing on Chisholm's land at Te Whakarite. They promised at once to leave the land, provided that the other party agreed to do so. On the following morning, I went to Whakarite to see the others, but found the place deserted. After wandering about among the whares for some time, I met an old woman, from whom I learned that the Maories were up the Tamaki, digging potatoes. I was informed, however, on returning toPatene's place, that the principal person —a man named Eapata—was then at Matiatia, whither I accordingly went, and with little difficulty succeeded in obtaining a promise from Eapata that he and his people would vacate the place, as soon as they had removed their crops. The Whakarite, it appears, has not been long in Mr. Chisholm's possession. The Natives had permission to cultivate the land from a former owner, and they were not aware that it had passed into Chisholm's hands, until ordered by him to remove. I have, <fcc, Henry Monbo. The Acting Native Secretary, Auckland.
No. 3. ACTING NATIVE SECRETARY TO H. MONRO. Native Secretary's Office, Auckland, April 3rd, 1862. Sir,— I am directed by Mr. Sewell, to acknowledge the receipt of your letter of the 24th ultimo, reporting on your visit to Waiheke, and to convey to you the thanks of the Government for the able manner in which you have discharged the duty entrusted to you. I have, <fec, H. Halse, Acting Native Secretary. H. Monro, Esq., Native Office, Auckland.
No. 4. THE HONBLE. THE NATIVE MINISTER TO THE RESIDENT MAGISTRATE, VTUXTEM. Native Secretary's Office, Auckland, January 20th, 1862. Sir,— I have the honor, by direction of the Minister for Native Affairs, to inform you that one of the arrangements made by His Excellency the Governor with the Ngatiteata Tribe was that a Native village should be surveyed for them : and, accordingly, Mr. Graham waits upon you to receive instructions relative to the commencement of this work. The position of the village, together with the general scheme of the lots to be laid out, &c, will be settled by yourself, in conjunction with the Assessors and Kunanga. Proper Keserves are to be made
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for public purposes, churches, &c, and the streets are to be of proper width. When the land is laid off, it is proposed that certain lots shall be sold at once by public auction, to commence a fund for the erection of churches and schools, and otherwise for the support of the institutions of Government. It is also proposed that a condition of the sale in every case shall be that the purchaser —whether European or Native—shall pay the sum of £1 per annum to the Runanga, towards the abovementioned fund. Certain other lots are to be the property of the Chiefs ; others are to be retained to be sold hereafter for the benefit of the general fund; and others to be granted at once to such Natives as may be willing to occupy the same, and build themselves houses. I am further directed to inform you that only the general outline of this plan has been talked over between His Excellency and the Natives. You will, therefore, proceed to communicate fully with the Runanga, suggesting any further details you may think advisable, discussing them freely with the Natives, and, finally, forward a proposal in such a shape that it may be made public, and induce purchasers to take an interest in the progress of the village. In the meantime, Mr. Graham can be proceeding with the survey. The Ngatiteata wiE supply the men for cutting lines, &c.; but, should any difficulty occur on this head, I am desired to request that you will at once communicate the same to the Government. I have, &c, H. Halse, Acting Native Secretary. Major Speedy, R.M., Waiuku.
No. 5.
RESIDENT MAGISTRATE, WAIUKU, TO THE HOKORABLE THE ATTORNEY-GENERAL. Waiuku, 7th June, 1862. Sir — In reference to instructions in your letter No. 117, March 2Gth, 1862, I have the honor to report that on the 10th April following, at the Court House, Waiuku, I administered the Oath of allegiance to eight of the Native Staff, whose names are given in the margin, all of whom subscribed to the Oath without any hesitation, on my explanation that it was customary for all persons on appoint- - ment to situations of trust and responsibility to be required to take the Oath of allegiance. The : Assessor Aihipene Kaihau was absent in Auckland; soon after his return I visited him at Kapiata, on ; the 9th ultimo ; after some explanation on the nature of the Oath of allegiance, I handed him the form, j when he manifested great displeasure, saying " what have I to do with that murderous thing, what j more do you require of me," do you wish me to turn upon and—when, by gesture, he implied to kill or fight against his own people ; on some further explanation on my part, he spoke calmly, and requested me to leave the matter for the present, as it required consideration. Hori Tauroa, who accompanied me to Kapiata, remained there ; on his return to Waiuku he told me he believed Aihipene would subscribe to the oath when he next came to Waiuku. I visited Aihipene again on the 26th ultimo, at his farm at Kapiata—he was very friendly, and expressed himself very favourably with respect to the establishment of Civil Institutions, and British Law, and carrying out the policy of Government amongst his countrymen ; he then told me that there was to be a meeting soon of the Ngatiteata tribe near Waiuku, when I should be there to meet them ; during this visit there was no allusion made to the Oath of allegiance. This morning he arrived in Waiuku when I alluded to his not having as yet subscribed to the Oath, his answer was, " I have no objection to take it, that is between you and the Governor, but I do not wish to do it publicly, if I did, the Waikatos would be angry with me, and will not listen to what I have to say; by taking the oath all my influence for good would cease," and that I should not press the matter as the Governor he believed would be satisfied with these reasons. Aihipene being an Assessor, and the principal chief, and possessing by far the greatest influence in this district, I consider his temporising in this matter very unsatisfactory, and of sufficient consequence to be brought to the notice of Government. I have, <fec, James Speedy, Resident Magistrate. To the Hon. the Attorney-General, Auckland.
*■* Ta.axon, Maika katipa, Karenateßanri' HemiManu, Rapata Kaihau. '
No. 6. THE RESIDENT MAGISTRATE, WAIUKU, TO THE HONBLE. THE NATIVE MINISTER. Waiuku, 21st June, 1862. Sir,— I have the honor to report, for the information of the Government, that about fifty men and women of the Ngatipaoa tribe, from Wharekawa, near the Thames, arrived in this district on the 14th
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instant. Although I attach but little importance to the arrival of such a party—being ostensibly a visit to the Ngatiteata Tribe, to a crying for the dead—yet as I have learned from my frequent interviews with Natives of all classes that there is but one feeling among them that Government will persist in making roads through the country, and the Waikato Tribes are as fully resolved to resist anything of the kind, I deem it my duty to acquaint the Government of this circumstance, though apparently trivial. Hoeta, Te Kopara, and Kopa, brother of Hoeta, are the principal Chiefs of this party. From several conversations with these Chiefs, and others of the party, they were unanimous in expressing their determination to join the Waikatos, in event of the Government sending troops by the Thames to Waikato. At the same time, they expressed a strong desire for a European Magistrate, and appeared pleased with an explanation on my part of the Government policy for the improvement of the Maoris. On telling them that there was a report that the Tribes of the Thames had made over their lands to the King, on his recent visit to them ; Te Kopara replied that it was true that the Waikatos came to the Hauraki, to Wharekawa, to cry for the dead, and the Waikatos, in their speeches, referred to the Maori policy, but that they (the Ngatipaoa) checked them, and tried to keep their speaking to the professed cause of their visit—the crying for the dead. But it was not so with the Tribes on the opposite bank of the Thames : for the Ngatimaru, with Taraia and Hira made over their lands to the King ; but they (the Ngatipaoa) would not give up theirs. I have, &c, James Speedy, Resident Magistrate. The Honble. the Native Minister, Auckland.
SECTION V.—LOWER WAIKATO AND RAGLAN. No. 1. RESIDENT MAGISTRATE, LOWER WAIKATO, TO ATTORNEY-GENERAL. Taupari, 19th April, 1862. Sir, — I have the honor to forward you herewith my Report of the investigation made by me respecting certain complaints of Mr. J. C. Johnstone, of Raglan, against Natives in my District in reference to a Flock of Sheep of his. I beg to call }'our special attention to the personal appeal I have felt it my duty to make to you respecting Mr. Johnstone's letter to me of the 5th instant. I have, (fee, James Armitage. The Hon. H. Sewell, Attorney-General, Auckland. Resident Magistrate's Office, Lower Waikato, 24th February, 1862. Sir, — I have been instructed by the Hon. the Attorney-General to investigate into and report to him respecting certain complaints made by you against Natives in my District in reference to a Flock of Sheep of yours lately driven from Whaingaroa to Auckland. I have the honor to request that you will furnish me with full particulars of such complaints, givingme the names and address of any Natives whom you may wish to be examined by me in this matter. As I am shortly about to visit Whaingaroa, and shall go by way of the Coast, it might facilitate the matter if you would address your communication to me, at Mr. Spargoe's, Waikato Heads; the Postman would probably leave your letter there. Such part of your complaint as refers to the detention of your Sheep at Waiuku, will, I am instructed, be investigated by the Resident Magistrate for that District. I have, &c, James Armitage. J. C. Johnstone, Esq., Raglan. Te Haroto, Waitetuna, March 10th, 1862. Sib,— . In reply to your letter dated the 24th February, I have the honor to state, that full particulars of the complaints I made against W. Nero and other Natives of Whaingaroa for running droves of Pigs on my land, destroying the feed and lambs to such an extent that I was obliged to send away the Sheep ;
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and against Ruihana and Tamihana of Waikato Heads, for detaining the Sheep for about three months, thereby destroying the Wool, and charging me Grass money and Ferry charges contrary to their agreement with Government, are fully detailed in my letters of 28th October, 1861, addressed to the Resident Magistrate, Whaingaroa, and by him forwarded to the Attorney-General; and of 1st February, addressed to the Colonial Secretary. The sanction of the Runanga presided over by W. Nero, that I was to receive 10 shillings for the destruction of the feed, and 10 pigs for the destruction of the lambs, proves that the Natives have admitted the truth of the charges against them : at the same time making a mockery of my loss, W. Nero saying " Your Clover is no more to the Maori than flax or fern." To enable me to prove in your Court the first and principal charges, I shall require the presence of the following Witnesses : —Mr. Harsant, R.M., J. R. Stewart, Mr. R. Ferguson, W. Nero, Ihaka Hetaraka, and Watine; to prove the detention of the Sheep at Waikato Heads, Kihirini, Ruihana, and Tamihana. This letter will be given in charge of the Postman, who leaves to-day, to be delivered to you on the Road, or left at Mr. Spargoe's, as requested. I have, &c, J. C. Johnstone. J. Armitage, Esq., R.M. Raglan, 31st March, 1862. Sib,— I have the honor to acknowledge the receipt of your letter of the 10th instant, wherein you refer me to certain letters of yours addressed to the Resident Magistrate of Raglan, and the Hon. the Colonial Secretary. As I have no access to such documents, I must again request you will furnish me with the particulars required in my letter to you of the 24th February last. I am about to proceed to Kawhia, but shall return here on the 7th or 8th April next, when I can attend to this matter. I have, &c, James Armitage, Resident Magistrate, Lower Waikato. J. C. Johnstone, Esq., Te Haroto, Waitetuna. MINUTE BY J. AEMITAGB, R.M. The above letter was delivered personally to Mr. Johnstone, at Raglan, by my clerk. He replied that he wished to see me on other matters than the subject of this last letter, and he had an interview with me on the day of the date of the letter to the following effect: — He first enquired in a very friendly manner whether I had been present at any official investigation made by Mr. Fenton in reference to a personal dispute or altercation between him (Mr. J.) and W. Nero. I replied, that, on the occasion of Mr. Fenton's visit to Whaingaroa he was acting Civil Commissioner, and as such my superior Officer, and that I could not consequently disclose any thing in reference to our official duties without his (Mr. F.'s) consent, Mr. Johnstone took a note of this reply. I then informed him that the Government considered he had been a great sufferer by the detention of his sheep, and were very anxious to have the matter fully investigated. I again requested particulars, which he promised to furnish me with. I asked him if he had receipts for his alleged payments, and he replied he had not. I then asked him if he would inform me what was his object in seeking this enquiry, and whether he sought pecuniary compensation from the Government, or not. He gave me no decisive reply to this question, except that he would write me thereon. He further stated that W. Nero and his tribe were then living upon his land, and running their pigs on same ; and wished to know if I would summarily eject them (men and pigs), as he objected to their doing so any further. After some conversation, I ascertained from him that W. Nero and tribe occupied land under him—originally with his consent— under a promise of payment ot annual rent, which latter had not been paid. I then informed him that it appeared to me, from his own admission, there was a legal tenancy formed, and that he must terminate such tenancy by due course of law. He asked, how ? I told him he must consult his legal adviser on that point. He asked me, if I would as3ist him to get Nero's pigs removed from his land ? I replied, I must have time for consideration before giving him any reply thereto. He asked me to write this down for him. I declined acting as his clerk. He then stated that if 1 would not get the pigs removed, he would shoot them. I warned him of the consequences of taking the law into his own hands, and the interview terminated. The above was the substance of all that passed on the occasion, to the best of my memory and belief, except that he stated his land was not fenced, in reply to my enquiry as to same. I do not remember his applying to me to examine any witness on. that occasion ; but, had he done so, I should have stated that I was engaged on public business, and could not then comply with such request, as the Runangaat Nga Ti Mahanga were waiting for me, and I could not keep a few hundred people waiting on his account. On my return to Raglan, from Aotea, on the 9th April, I received the following letter from him : —■ " Te Haroto, Waitetuna, "April 5th, 1862. Sib,— In reply to your letter, dated the 31st March, I have the honor to state that my complaint against tlie Nga Ti Mahanga Natives is, that last year, taking advantage of the unsettled state of the country, they turned this farm into a pig-run—these pigs having destroyed the feed and eaten the lambs. The Resident Magistrate, unable to afford me redress, referred the matter to the Native Magistrate, who held two Runangas on the subject; while admitting the truth of the complaint, the Runanga made a mockery of it, the President (W. Nero) saying to me, ' Your clover is no more to the Maori than flax or fern.' At the second Runanga, I proposed that they should look at the bones of some lambs recently killed, but the Runanga considered it unnecessary, as the truth of the complaint was admitted, and I was awarded ten pigs (I had repeatedly refused to take pigs) for the lambs killed, and ten shillings for the clover destroyed. Thus forced to send away my sheep, they were stopped at Waikato Heads by
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the Ngatitipa Natives, three shillings a-head ferry charge being demanded; and I was informed that I would be restrained by force, if I attempted to ferry them across myself. After I had complained to Government of the detention of the sheep, the said Natives agreed with Mr. Halse, B.M., to ferry the sheep across free of charge ; but ultimately, in January last, I was compelled, at great inconvenience, to go to Waikato Heads, and negotiate their release, being forced to pay both grass money and ferry charges. Mr. A. Buckland estimated the loss of the wool at four shillings per sheep. Having complied with your request, to state the particulars of my complaint, in reference to my sheep, I beg to state that I consider your requiring me to repeat it for the third time unnecessary, especially as I am not aware whether you propose holding an open enquiry, at which I shall have the opportunity of proving the charges, or secretly to pretend to investigate the matter; as Mr. Fenton, and I believe yourself did, my complaint against W. Nero, for threatening to burn down my house. Mr. Fenton, in a letter dated the 24th February, 1862, the first intimation I received of any enquiry having been made into my complaint, has the effrontery to state that, ' On a full examination, W. Nero and his friends seem to have acted with great moderation and forbearance,' —in not burning down my house, forsooth. In reply to the question you asked me on the 31st, " What waa my object in wishing for this enquiry, and whether I expected pecuniary compensation ? " I have the honor to state: — 1st. I am desirous to ascertain whether, having purchased this farm from Government, I am entitled to look to Government for peaceable, and consequently beneficial occupation, which, under the circumstances related, has not been the case. 2nd. The Honorable the Colonial Secretary having asked me, ' Why I consider that I have a right of road,' meaning from this to Auckland, I am desirous to know whether such right of road, through land in the possession of the Maoris, exists. In reply to the latter part of your question, I beg to state that when the Colonial Secretary, Mr. Fox, on the 24th of January last, proposed to return me the money I had paid the Ngatitipa Natives for ferry charge, I declined the offer, saying, " If I was to lose so much by the lawless conduct of the Maoris, I might as well lose that trifling sum also." Further, having appealed the case to the decision of His Excellency Sir George Grey, K.C.B., I am of opinion that it will rest with that gentleman whether I receive moderate damages, and not with yourself. In conclusion, I feel obliged to state that the absence of courtesy you showed to me on the 31st March, and the very unnecessary trouble and expense you have put me to, in refusing to examine the witness I had brought from Waipa, though I told you that his examination would not occupy five minutes, and your requiring me to produce my receipt for ferry charges, when you must be well aware that such a receipt is never required from Maoris, and equally well aware that had you summoned the two witnesses I named from Waikato Heads, they could not deny having received the money, as it was publicly paid ; all this, I beg to say, proves to me that it is far from your intention to investigate the case in the fair and open manner I was led to expect from the letter of the Colonial Secretary, dated the 13th February, 1862,1. have, therefore, to request that you will forward this letter to the Honorable the Colonial Secretary, and I have herewith to solicit the favour of his naming Mr. Harsant, E.M., Raglan; Mr. Gorst, E.M., Waikato ; or any other Magistrate to investigate the charge. I have furnished these particulars, and given you all the information in my power, in case your orders from Government require you to make immediately a secret enquiry ; but such an enquiry made by yourself, can have neither my acquiescence nor confidence. I have, &c, J. Armitage, Esq., E.M., Eaglan. J. C. Johnstone. I have made no reply to this last very insulting letter, preferring to leave it in the hands of the Honorable the Attorney-General, feeling assured that an Officer in that Department will, in the execution of his duty, receive that support which he requires. Mr. Johnstone did not visit me at Eaglan on my return from Aotea, though he was informed by other parties that I had returned. I examined W. Nero and Hetaraka Nero as to this matter, and they expressed a wish to make a written statement, which they did, and signed same in my presence. The following is the translation thereof by my clerk : — " Johnstone came twice to us to ask us to hold a Eunanga about his sheep, which had been eaten by Watson's pigs, and by one of Isaac's. When we got to Johnstone's place, he was on the water, fishing. We beckoned to him and he came ashore. When he came he told us to settle the matter among ourselves, that he should go back to fish. I persuaded him to stop. He made three efforts to get back to his fishing, but I managed to detain him. When we had asked the particulars of the matter, I asked Johnstone if he saw the pigs catching the sheep. He said ' No, but I saw the sheep laying (dead).' I said ' Perhaps the sheep died of starvation.' He said, ' The clover and grass has been consumed by the pigs.' I said ' Where did you sow the grass.' His reply was, ' On my own ground.' Wiremu Nero here asked if the ground in question was fenced. Johnstone said, ' It is on my ground, my sheep and grass must be paid for, and also the running of the pigs on my ground.' I asked Johnstone whose pigs he had seen. He said, 'The pigs belonged to Wiremu's (Nero) people.' I asked Watson whose the pigs were. He said ' Mine, it is true about my pigs, perhaps my pigs ate the sheep. It is enough. I will give ten pigs, that will leave me four.' Johnstone said here, that his grass must be paid for. Wiremu Nero asked if the grass was fenced. Johnstone said ' No.' ' Then' said Wiremu ' Your grass is just the same as fern or flax growing on open uncultivated land.' Johnstone was offended at Wiremu Nero's words ; afterwards he wrote down Wiremu Nero's words. When he got up I asked him if he was willing to accept the pigs ; he said ' No.' We searched (among ourselves) for some money, but we had none (i.e., tried to raise money but could not succeed). I then said to Johnstone, ' We have no money, Johnstone, but the pigs can be transferred at once into your hands.' Johnstone consented. I suggested that his pigs should be caught, brought and delivered to him. He said ' Leave them, they are on my piece of ground.' I remonstrated, but he insisted. That is all. It is finished here. " Na Wikemit Neeo. " Whaingaroa, April 10th, 1862. " Na Hetakaka. " Signed by the said Wiremu Nero and Hetaraka,") in the presence of > "James Aemitage, E.M."J
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Hetaraka further examined by me stated: —That Mr. Johnstone applied to Mm for payment, by letter, which letter and also the proceedings of the Evmanga in respect thereof, are contained in his (Hetaraka's) Court book, given to Mr. Fenton at Raglan. Watene gave up the ten pigs to Johnstone as payment, and Johnstone afterwards shot the remaining pigs of Watene's on his (Johnstone's) land. As to Mr. Johnstone's land occupied by W. Nero and his tribe, Hetaraka further stated : —That they agreed to rent the same land from Mr. Johnstone for cultivation (raising crops), but no precise payment or rent was fixed; the word used was ' utu' (payment) per acre. That land called Motutara is now occupied by the tribe on this agreement (tikanga)—the reason we have not paid any rent for the same is that we have heard from Mr. Wallis and his son that the land in question belongs to the Government (i.e., unsold) and not to Johnstone. When we are assured by competent authority that it is Johnstone's land we will pay him the two years rent now due for same. Hemi Matene stated : —That he once saw three pigs eating a dead sheep on Johnstone's land. The sheep was full grown. Has never seen any pigs eating or killing lambs, though he was in the habit of constantly passing over this land. Johnstone's place near the house is fenced, but the whole block of land is unfenced. Nikorima stated : —That the Eunanga agreed to give Johnstone ten pigs, leaving four—one sow, and three young pigs belonging to Te Watene. Johnstone agreed to take the former, but afterwards he shot this sow. Te Watene missed the sow, and went to search for her. He found the carcase buried, but the legs and shoulders were gone — i. e., only the trunk left. The entrails were not quite covered, and that was how he found the sow. Te Watene accused Johnstone of having shot the sow. He denied it at first, but afterwards admitted he had shot her. Te Watene then said he would not give Johnstone the ten pigs. I could not find Te Watene and Ihaka at Whaingaroa. They live inland some eight or ten miles, and I was too much occupied to go and see them. I got no other evidence than the above at Whaingaroa. On the 16th April, I examined Ruihana and Tamehana on this matter at Maraetai, Waikato Heads. Tamihana stated: —That he made no agreement with Mr. Halse, to cross the sheep free of charge. Perhaps Euihana said something of the kind when he was angry. When Johnstone's shepherd came here, he brought a letter to me from Johnstone, proposing 6d. for crossing a sheep, and 3d. for crossing a lamb. I sent the man back to ask Johnstone to consent to 3s., or 2s., or Is. per head for crossing the sheep, telling him at the same time that, if I only was concerned, I would cross them for 6d. Johnstone refused. I did not agree with Mr. Halse to cross the sheep without payment. Nga Waka (Tikapa's party) got the grass money. He is a friend of mine. The money paid for crossing the sheep was divided amongst a number of people—some of them women and children. Euihana was the cause of the sheep being detained. Euihana stated : —That he was the cause of the sheep being detained, in consequence of his quarrel with Tamihana. He had no cause of quarrel with Johnstone. After Tamihana, Mr. Halse and himself had talked the matter over about the sheep. He said, "Kati me whiti noa atu nga hipi." He did not cross them himself. That sentence, ' kati, &c.,' may possibly have been intended by him as a simple renunciation of his claim to interfere with the crossing of the sheep—not as an agreement by him to cross them free of charge, but Mr. Halse himself will know this. This is all the evidence I have taken on this matter. There seem to be two separate complaints of Mr. Johnstone, or at least they resolve themselves into two only:— 1st. As to lambs being destroyed, and pasture feed consumed by Native pigs at Raglan. 2nd. As to ferry charges being demanded at Waikato, contrary to agreement; and grass money. 1st. I would observe that Mr. Johnstone has not proved that the lambs have been destroyed by the pigs. My own experience in sheep farming, confirmed by more competent authorities whom I have consulted, is, that pigs, if running with sheep at lambing season, will devour the young lambs as soon as the act of parturition takes place, or before the lamb is strong enough to run about, but seldom, if ever, afterwards ; and, invariably in these cases, the whole lamb (bones and sinews) disappears. His asking the Eunanga to go and see the bones of the dead lambs, is a strong presumption against him, Further, Mr. Johnstone might be able to adduce evidence that the pigs had killed the lambs; but as he refused to meet me on my return from Kawhia, I was justified in proceeding ex parte, and in presuming that he had no such proof'. I, therefore, am of opinion that he has failed in establishing the allegation that the Native pigs have destroyed his lambs. In consequence of his absenting himself when I was prepared to go on with the enquiry, I have no proof that the clover was growing on his land ; or, if growing, that it was consumed by the pigs. The Natives admit that the pigs were running on his land, but they inform me that Te Watene would be able to prove that they were there by Mr. Johnstone's consent. That does not appear in the evidence forwarded herewith but I had such information given me. W. Nero's proper remark that Mr. J.'s clover was, in his estimation, the same as flax and fern, in consequence of being unfenced, seems to have been construed by Mr. J.'s heated imagination into an insult—whereas nothing of the sort was ever intended by Nero. This allegation that the Clover was consumed by the pigs has in my opinion also failed for the reasons above stated. I think the Natives of Whaingaroa have acted very generously towards Mr. Johnstone in agreeing to give him compensation on his bare allegation (without a shadow of proof) that he had sustained damage at their hands, and if by his violent proceedings (shooting pigs) he has lost such compensation it is no more than can be expected under the circumstances. 2nd. It seems to be very doubtful from Tamihana's and Euihana's statements whether they ever agreed to cross Mr. Johnstone's sheep free of charge. Mr. Halse might be able to throw some light on this subject from his notes made on the occasion. Grass money has evidently been paid by Mr. Johnstone but from his furnishing me with no information thereon I cannot report any amount. The sheep were also detained at Waikato Heads without any fault on his part—but again I have no information from him, as to time, to guide me in advising the Government as to what compensation (if any) should be paid to him; nor as to loss of Wool has ho produced any evidence whether that loss occurred by the detention of sheep at Waikato Heads or otherwise.
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Referring to Mr. Johnstone's letter of the 5th April, I have only to observe in explanation, that Mr. Johnstone's charge of want of courteay against me is simply untrue. That I put him to no trouble and expense as to his witness — as such witness was not there by my appointment, and that I should not in any case have been justified in delaying the important business I was engaged on, to suit his convenience. That receipts from Natives are indispensable, when a preliminary application to Government is founded on payments to Natives. In conclusion I would beg to suggest that should the Government agree to investigate any further complaints of Mr. Johnstone that he be compelled to bear the expenses thereof as otherwise they will be interminable. The above is my Report. J. Asmitagb. Waikato, 19th April, 1863.
No. 2. THE HONORABLE THE ATTORNEY-GENERAL TO RESIDENT MAGISTEATE, LOWER WAIKATO. Attorney-General's Office, Auckland, April 26th, 1862. Sir, — ■» I have the honor, by direction of the Attorney-General, to acknowledge the receipt of your letter of the 19 th instant, covering the report of an investigation made by you into the complaint of Captain Johnstone against certain Natives, and to state that, so far as the Attorney-General is able to form an opinion, he thinks you have acted rightly, and that he sees no ground for differing from the conclusions you have come to on this subject. I have, &c, F. D. Fenton, Assistant Law Officer. The Resident Magistrate, Lower Waikato.
No. 3. RESIDENT MAGISTRATE, LOWER WAIKATO, TO THE HONORABLE THE ATTORNEY-GENERAL. Lower Waikato, 26th May, 1862. Sir, — I have the honor to forward to you a letter from Heta Kapoti, a Native policeman of the Hundred of Te Akau, whom I temporarily appointed in the place of Hami Hapitana, as reported to you in my letter of the 25th April last. A translation of the same letter is also enclosed. I have also the honor to forward you a letter, with translation thereof, from Hetaraka Nero, Assessor of the Hundred of Whaingaroa. Under the circumstances in which I am placed, I have not thought it advisable to answer these communications. I have, &c, James Armitage. The Honble. H. SewelL
Enclosure 1 to No. 3. Pukereira, May 25th, 1862. To J. Aemitage, Esq.,— Friend, Salutations to you! This is what I wish to say to you:—I am desirous to go to Auckland to have my measure taken for my uniform, as Tamihana's Policeman has been to town for the same purpose. I wish you to write a letter about my appointment, to Auckland; also for food for me, and for my measure. Will you write for me to the Government for food, and about my measure for my uniform. Let your letter be sent quickly. I cannot tell the time when I will arrive there; but let your letter be despatched quickly for my appointment. This is all. From your loving friend, Heta Kapoti, Policeman.
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Enclosure 2 to No. 3. Eaglan, May 19th, 1862. Fbiend Abmitage,— Salutations to you! I have arrived at my place, in order to wait for a reply to what I said to you —that is, when you had arranged with Mr. Fox respecting the " Lock-up," and ibr all other matters. Willyou write to me, for this is what I am waiting for. Friend, write to me a letter, explaining to me all your arrangements, and inform me when you purpose coming, that I may await your arrival. I have applied to Mr. Halse for grass seed. I heard from Mr. Sogan that Waata Kukutai had received some grass seed : that is the reason why I have applied for some also. If you approve of my application for grass seed, ask Mr. Halse to give me some. Mr. Armitage, will you apply for two bags— that is, if you sanction it. Another subject is the money that was adjudged to be paid for the crime of the man who stole the turkey3. Hakopa will not pay me, because he has no money in his hands belonging to the man who stole the turkeys. He says that the man who committed the theft must pay for his own crime. This is all. From your loving friend, HeTAEAKA. To J. Armitage, Esq.
No. 4. THE HONOBABLE THE ATTOBNEY-GENEBAIi TO THE BESIDENT MAGISTBATE, LOWEB WAIKATO. Attorney-General's Office, Auckland, 29th May, 1862. Sir,— I have the honor to acknowledge the receipt of your letter of the date and on the subject mentioned in the margin, and am directed by the Attorney-General to state that the Government do not see any reason why the erection of the Court House at Kohekohe should be delayed or abandoned. I have, &c, Feancis D. Fenton, Assistant Law Officer. The Resident Magistrate, Lower Waikato.
Sessional Papers, 1862, K. Ho. 9, Sec. 2, No. 17.
No. 5. THE EESIDENT MAGISTBATE, LOWEB WAIKATO, TO THE HONOBABLE THE NATIVE MINISTEE. Resident Magistrate's Office, Lower Waikato, 4th June, 1862. Sir — I have the honor to acknowledge the receipt of your letter of 29th ult., informing me that the Government do not see any reason why the erection of a Court House at the Kohekohe should be delayed or abandoned. I beg to inform you that I have communicated this intimation to Wiremu Te Wheoro, the principal Assessor there, and that the sawing of the timber for the construction of such Court House is being proceeded with. I have, &c, The Honorable the Native Minister. James Armitage. Jg
No. 6 BESIDENT MAGISTBATE, LOWEB WAIKATO, TO THE HONOEABLE THE ATTOBNEY-GENEBAL. Resident Magistrate's Office, Lower Waikato, 9th June, 1862. Sir — Referring to my report of the proceedings at Aotea, enclosed in my letter to you of the 12th g April last, I have the honor to draw your attention to the subject of dwelling houses destroyed by J fire therein alluded to.
Sessional Papers, 1852, K No. 9, Sec, 2, No. 13
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On subsequently discussing the matter with the Assessors and Wardens of this District, I promised them I would draw a Regulation on the subject and submit the same to them; but on perusing the Native Districts Regulation Act, I find the Governor in Council has no power to enforce such a Regulation. The 8th subject for Regulations applies, it appears to me, solely to the prevention of fires, and I would therefore suggest to you that in case you intend to apply to the General Assembly for more extended powers under this Act, it would be advisable to include this subject. The abuses that have arisen by the present system in use, of collecting money for the owners of the house destroyed by fire, are very great, and I think it is only my duty to propose a remedy for the same. In accordance with this view I have prepared a Regulation, which I herewith enclose you. I shall at once forward it to the various Runangas for their adoption. The subject may appear to you as scarcely worth attention, but I would observe that Natives have no possibility of availing themselves of the benefits of Insurance to protect them from losses by fire, and that private charity is their only means of compensation. When a leading Chief is applied to for his contribution, he naturally wishes to appear excessively generous, and I have known instances where a man has given away, in consequence of this feeling, his whole stock of clothing. In one case a man near me had his house and clothes burnt of the value of about £10. He received by subscriptions, goods and money to the value of nearly £50. I am preparing a series of Regulations on other subjects, which, after submission to the various Runangas, will be duly forwarded to you for approval I have, &c, James Armitage, R.M. The Honorable the Attorney-General.
Enclosure to No. 6. PROPOSED BEGULATIONS AS TO BUILDINGS AND PBOPEBTY DESTEOTED BY FIEE. That in case any house or building shall be destroyed by fire, the Resident Magistrate or principal Assessor shall as soon as conveniently may be after due notice of such fire being given to him or them, summon a Jury in the manner prescribed by the 15th Section of the Native Circuit Courts Act, which Jury shall after being duly sworn according to the form hereinafter set forth, hear such evidence on oath, as may be submitted to them as to the cause of such fire, and shall then be required to give an unanimous verdict in respect thereof. And that such Jury shall in case such fire be proved by their verdict to have arisen from accidental circumstances, then proceed to assess and determine according to the best of their ability the value of such buildings, and of all or any other property consumed by such fire. And that no public subscription for relief of, or compensation to, the owner or owners of such building and property be made, unless by or with the consent and approbation of such Jury, and that the amount of such subscriptions to be paid to the owner or owners of such house shall not exceed the assessed value of such building and property; and the surplus of such subscriptions if any shall be returned to the subscribers pro rata.
Sessional Papers, 1862. E. No. 9, Sec. 2, No. 22.
No. 7. RESIDENT MAGISTRATE, LOWER WAIKATO, TO THE HONORABLE THE ATTORNEY-GENERAL. Resident Magistrate's Office, Lower Waikato, 16th June, 1862. Sir,— I have the honor to inform you that agreeably to the appointment mentioned to you in my letter of the 5th instant, I proceeded to Kahumataku on the 12th instant. That on the 13th instant I held a Runanga there, which, in consequence of the absence of the great majority of the tribe at Kawhia, was very thinly attended. I have the honor to enclose you herewith a Report of the only Speeches made on the occasion, ■which I think worth notice. An application, as you will see, was made to me to appoint a Warden, but as the proposed party was absent, I deferred the matter until his return, and until I had the opportunity of communicating with you thereon. A further application was also made for more policemen, but for the reason stated in my letter to you of the 5th instant, I limited the number at present to two only ; should you be of opinion that a third should be appointed, I have to request that you would favour me with instructions as to same. I have also the honor to inform you that for the reasons stated in the letter of the 5th instant, I appointed Hona Te Kotuku as first Assessor, and Winitana Nga Pu as second Assessor, and
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administered the Oath of Allegiance and Oath of Office to them respectively; and I also appointed Erueti Ivgahainga and Netana Te Amotutu as Policemen, and administered to them the Oaths respectively. Should their appointments meet with your approbation, I beg to request that you would forward Warrants of Appointment to the respective parties. Hona applied to me respecting a Grant for a Wooden Court House, and I informed him that I could not at present recommend you to sanction such Grant, as I considered that in this early stage of the organisation of their Runanga they would be unprepared to resist the opposition which the erection of such wooden building would meet with from the King party. He coincided in my views, and promised to erect a temporary Kaupo Building for the purposes of the Court and Eunanga business. As this Eunanga is now organised, the Boundaries of the Lower Waikato District might at once be extended to Ngaruawahia, but excluding the latter place. I mentioned this subject to Hona, and he desired me to inform you that he did not wish such boundaries to be fixed at present as some tribes in the Waipa were desirous of accepting the institutions, but wished to be in my District and under my superintendence. I informed him that I should submit his wishes to you, but I could not approve of them, as in the first place I thought it very doubtful whether you would require my further services, and next that the extension of the Lower Waikato District to Waipa would render the duties thereof too onerous for one officer to perform. I would beg to observe that I think the Ngatiwhauroa, though few in number, seem to be a very energetic tribe. They have a very neat commodious Chapel, although the Mission Station is only two miles distant, and they are now building a slab hut for my own personal accommodation when visiting them, and they have also promised to build, without Government or other assistance, two Raupo Court Houses—namely, one at Kahumatuka where Hona is stationed, and the other at the Keretu, near my own residence, where W. Nga Pu is stationed. I have supplied Hona with the necessary Books, Forms, and Stationery out of the stock previously sent me. I feel it my duty to give Hona very serious advice as to his conduct in his Magisterial capacity with respect to the King party; to be firm, but conciliatory ; not to refuse to adjudicate on any disputes arising amongst that party which might be referred to him, but to have their written consent to his adjudication previously, &c. And should you appoint a successor to me in the office I have now the honor to hold under you, I would most earnestly suggest to you that you should instruct him to pay great attention to the proceedings of the Eunanga Assessors and Policemen of this Hundred, as nothing, in my opinion, would be so much regretted as an unnecessary conflict between the King party and the Officers of this Hundred. The close proximity of Kahumatuku to Ngaruawahia (three or four miles) renders such a caution advisable. I have, &c, James Akmitage, K.M. The Honorable the Attorney-General.
Enclosure to No. 7. BT7NANGA OF NGA WHAUEA AT KAHXTMATTTKIT, 13TH JUNE, 1862. Hona (addressing Mr. Armitage) :—This is what I have to say to you. We still persist in joining the Government, and being subjects of the Queen. We have therefore desired that you would come to appoint our Policemen. We wish to have Winitana appointed as second Magistrate, and Mohi as Warden. If the latter was here, he would express his own feelings. I wish to have five Policemen appointed, but submit our application for same to your approval. Nga Pu (addressing Mr. A.) : —Two policemen you have seen and approved of, Hona Beo and Penehame were nominated from the commencement. Hona to act as Magistrate, and I for his assistant As you have remained permanent in your work, we accordingly inform you of our wishes. The Warden has his own opinion as to the members of the Eunanga. We desire that seven members should form the Eunanga. Me. Aemitage : —Have you agreed to accept the Queen's laws to be binding on your own for ever. They produced their written consent. 161 people (being the whole tribe) having consented thereto. Mk. Aesiitage :—I consent on the part of the Government to Hona as first Magistrate, aud Winitana Nga Pu as second, Hona to act at Kahumatuku, Nga Pu at ths Keretu near Paetai. Eespecting the Upoko who is absent, the appointment must be deferred till his return. I also consent to appoint two Policemen, one for here and another at the Keretu; if more are required hereafter they will be appointed, but I think two are sufficient for the present. Hona : —I consider that two Policemen are not sufficient to enforce the law, as in case of arresting a prisoner, one would not be strong enough if resistance was made. Me. Aemitage repeated his former promise to appoint another Policeman if necessarily required. Hona, &c, consented to this on the part of the Tribe. Hona and Nga Pu were then sworn in by Mr. Armitage as Kai whakawas, and Erueti Ngahainga and Netana Te Amotutu as Policemen.
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No. 8. RESIDEKT MAGISTRATE, LOWER WAIKATO, TO THE NATIVE MINISTER, FORWARDING REGULATIONS PASSED BY THE RUNANGA OF THE HUNDRED OF KOHEKOHE. Lower Waikato, 19th June, 1862. SlK — I have the honor to forward you a series of regulations passed by the Runanga of the Hundred of Kohekohe, and to request that you will submit the same to the Governor in Council for approval or otherwise. I approve of them all except No. 11, which I wished them to defer for the consideration of the District Runanga. They informed me in reply that His Excellency had stated at Kohanga that he would approve of any regulation, pro or con, they made on the subject thereof, and therefore I submit it to you without further comment. I am desired to request you will get such as are approved of published without delay. It was my intention to have completed the various Regulations of the respective Runangas in this District, so that they could have been laid before the General Assembly during the approaching Session —my compulsory retirement from office by the Honorable W. Fox renders this impossible. But should any such prepared by me be presented to the Assembly during this Session, and should you have occasion to speak of them officially, I trust you will at least do me the justice to acknowledge the source from whence they came; for I submit that it would be far from just or equitable that my successor (whoever he may be) who steps into a District thoroughly organised, and who has had none of the wearisome toil and anxiety that I have undergone in perfecting such an organisation, should derive any credit from the public, for his predecessor's exertions and abilities. I have, &c, James Armitage, R.M. The Honorable the Native Minister.
Enclosure to No. 8. REGULATIONS fob the hundeed of kohekohe, lower waikato. 1. That a Court House be built at the Kohekohe, which Court House shall be the permanent place of assembly for the Runanga of this Hundred, and for the transaction of all judicial business connected with this Hundred. And that the land on which the same is built shall be the property for ever of the Runanga of this Hundred. 2. That the following arrangement respecting the dwelling houses and people of this Hundred be carried into effect— i.e., that one room shall be set apart for the use of husband and wife as a sleeping apartment, and that another room be set apart for the use of visitors ; and that separate sleeping apartments be provided for the unmarried males, and some for unmarried females. 3. That all tauas (armed parties) for the redress of injuries shall be for ever abolished within this Hundred, and that all and every person, or persons, who shall resort or practice the same shall, on conviction by the Resident Magistrate or Assessor, pay or forfeit the sum of for every such offence. 4. That if the owner or owners of any horses, cattle, sheep, pigs, or goats, shall knowingly or willingly permit, or suffer the same to run at large on the Kohekohe side of the Waikato river within this Hundred, such owner or owners shall, on conviction thereof by the Resident Magistrate or Assessors, pay the sum of for the first offence, and the sum of for the second or further offence. 5. That if any person or persons shall throw into, or place in the Waikato river within the limits of this Hnndred, any dead animal or any obnoxious matter sufficient to cause a public nuisance, such person or persons shall, on conviction thereof by the Resident Magistrate or Assessors, pay for every such offence the sum of 5s. J 6. That if any pig or pigs shall be worried or killed by any dog or dogs, the owner or owners of such dog or dogs shall, on conviction thereof by the Resident Magistrate or Assessors, pay to the owner or owners of such pig or pigs full compensation for the injury sustained by such pig or pigs, or the full value thereof if killed. And that such dog or dogs shall, on proof of each offence being committed, be immediately destroyed by Aie Policeman of this Hundred. 7. That if any person or persons shall maliciously by false reports or otherwise, induce or cause any other person or persons to leave or neglect his or their work, and thereby cause such latter person or persons expense, trouble, or inconvenience, such person or persons shall for every such offence, on conviction thereof by the Resident Magistrate or Assessors, pay to such other person or persons respectively, any sum not exceeding 5s., for every day of leaving or neglecting work as aforesaid. 8. That any person or persons who shall, upon conviction by the Resident Magistrate or Assessors, be adjudged guilty of wilfully conveying letters or messages, or of other overt acts tending to promote or assist fornication or adultery between man and woman, shall forfeit or pay for every such offence any sum not exceeding ——— nor less than . 9. That in case any house or building shall be destroyed by fire, the Resident Magistrate or principal Assessor shall, as soon as conveniently may be, after due notice of such fire be given to him or them, summon a Jury in the manner prescribed by the 15th Section of the Native Circuit Courts Act, which Jury shall, after being duly sworn according to the form hereinafter set forth, hear such evidence on Oath
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as may be submitted to them as to the cause of such fire, and shall then be required to give an unanimous verdict in respect thereof. And that such Jury shall, in case such fire be proved by their verdict to have arisen from accidental circumstances, then proceed to assess and determine according to the best of their ability, the value of such building, and of all or any other property consumed by such fire. And that no public subscription for relief of, or compensation to the owner or owners of such building and property be mnde, unless by or with the consent and approbation of such Jury. And that the amount of such subscriptions to be paid to the owner or owners of such house, shall not exceed the assessed value of such building and property. And that the surplus of such subscriptions, after payment of such assessed value, shall be returned to the subscriber pro rata.
No. 9. RESIDENT MAGISTRATE, LOWER WAIKATO, TO THE HONORABLE THE KATIVE MINISTER. Te Kohekohe, Lower Waikato, 19th June, 1862. Sir, — Keferring to my letter of the 6th March last, addressed to the Honble. the Attorney-General, respecting the suspension of Tipene Hori Aripata, as Upoko or Warden of the Hundred of Kohekohe, on account of immorality, I have the honor to inform you that the Eunanga has nominated Puteruka Te Nokore in his stead, and that I approve of such nomination. If his appointment be approved of by His Excellency, I have to request you would forward him a warrant of his appointment, to be dated 1st April last. I should recommend that the other Warden of this Hundred —Noa Te Tawharu—be requested to resign his office, and another "Warden appointed in his place, as (beyond accepting his salary) he has never performed any of the duties of his office, though cautioned by me personally and by letter, and also received repeated cautions from W. Te Wheoro, the chief Assessor of the Hundred. I have also to recommend that the Kesident Magistrate, or Civil Commissioner of the district, be supplied with about a dozen small account books for the use of the respective Assessors, in order to keep a proper account of all fines and monies received by them officially. At present these accounts are kept on scraps of paper, which are liable to be lost or destroyed. The cost of a few pence for each book would remedy this, and such books cannot be obtained here. I have, &c, James Armitage. The Honble. the Native Minister.
No. 10. RESIDENT MAGISTRATE, LOWER WAIKATO, TO THE HONORABLE THE NATIVE MINISTER. Resident Magistrate's Office, Lower Waikato, 26th June, 1862. Sir,— I have the honor to forward you two original letters received by me this day. And also translations thereof annexed. The writer of one is Winitana Nga Pu the person whom I temporarily appointed as second Assessor at the Meeting at Kahumatuku on the 13th instant and who went to visit his relatives at Tamahere (Wm. Thompson's residence) after such meeting. The writer of the other letter is unknown to me, but I am informed he is a member of the Ngatihaua tribe in Upper Waikato District. I have, &c, J. Armitage. The Honorable the Native Minister.
Enclosure 1 to No. 10. Tamahere, Ngawahi o Makiri, June 21st, 1862. Fbiend, — Salutations to you, and our friends, who uphold good works—attend to my information. Hakiriwhi and I have consulted together respecting our good works, he has wondered at this system ; this man is a large land owuer, breeds sheep and cattle, and cultivates a farm. They have all agreed to be added unto us ; the words which were expressed in my presence were words of consent to the Queen and the Government, that they will adhere to the Government to protect them and their property. The purpose of which is to live peaceably and prosper.
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They say that they are no longer desirous to retain their Maori customs. These thoughts they expressed to me. They say that if you were Resident Magistrate of Upper Waikato they would at once decide what course to adopt. The reason why they are not vigorous is because Mr. Gorst is Resident Magistrate for this upper part, their desire is great to be under you. These parties who are friends of Hakiriwhi and who consent as above mentioned, are 22 in number. This is my desire that they will adhere to Queen Victoria ; so may God help them. Friend Salutations to you in this work, which is progressing under Governor Grey. This is all. From Winitana Nga Pr/. To Mr. Armitage.
Enclosure 2 to No. 10. Makiri, June 23, 1862. Fbiend Abmitage,— Salutations to you. Your friend Winitana Nga Pu has come to me and has informed me of the system. His conversation was very good. I highly praised hig views. When ho arrived here the people assembled to listen to his conversation. 29 men coincided with his views and wished to join him. From Hakieiwhi.
No. 11. THE RESIDENT MAGISTBATE, LOWEB WAIKATO, TO THE HONOBABLE THE NATIVE MINISTEB. Resident Magistrate's Office, Lower Waikato, 24th June, 1862. Sib,— Referring to Section 2 of Instructions, dated 24th February last, received by me from the Hon. the Attorney-General, I have the honor to inform you that in compliance with these instructions Local Regulations for each of the six Hundreds in this District, viz. :—Kahumatuku, Kohekohe, Taupiri, Te Akau, Whaingaroa, and Aotea, have been drawn up by me and forwarded to the various Runangas of such Hundreds for the general assent "of the Natives affected thereby." The Local Regulations for the Hundred of the Kohekohe were forwarded to you duly assented to by the Runanga there, on the 19 th instant. I have, &c, J. Aemitaoe. The Honorable the Native Minister, Auckland.
No. 12. INSTRUCTIONS foe me. eogan in eefeeence to the peoposed eoad feom whaingaeoa to "WAIPA. Wiremu Neeo and the Natives at Whaingaroa have urged on the Government the construction of a road from that place to Waipa, and expressed their readiness to do it, if aided by the Government. They state that the line proposed to be taken runs exclusively on land belonging to Nero and his people. The Governor is very desirous that this work should be undertaken without delay. Mr. Rogan will proceed as early as possible to Raglan, for the purpose of communicating with Nero, laying off the road, and making arrangements for the undertaking of the work as early as possible. The Government will provide all necessary tools, and pay such reasonable wages to the Natives as Mr. Rogan may recommend. It is suggested that the principle of piece work may be introduced with advantage. The Natives of Upper Waikato have, it is stated, threatened to interfere with the road, and prevent its construction. It is believed that they will not make any such attempt. But Mr. Rogan's general experience and local knowledge will enable him to judge whether there is any hazard in progressing with the work. Mr. Rogan will keep the Government advised by every opportnnity. Wm. Fox. May 5th, 1862.
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SECTION VI.—UPPER WAIKATO. No. 1. J. E. GOEST, R.M., UPPER WAIKATO, TO THE ASSISTANT LAW OFFICES. Otawhao, February 27th, 1861. Sir,— I was absent on a visit to Taupo, when your letter dated February 11th arrived here ; I have had no earlier opportunity of replying ; I am well acquainted with Piripi Matewha, he belongs to the Ngatihaua tribe, and was for some time teacher of the school at Tamahera, where he lives. About a year ago all the children were taken away from his school by their parents, in consequence of Piripi's receiving money from the Government contrary to the wishes of his tribe. If Piripi is now, as he represents, trying to pursuade his tribe to accede to the plan of Sir George Grey, the knowledge that he is in pay of Government is likely to revive former jealousy and neutralize his efforts. The Ngatihana tribe is not at present resolved to accept our laws and magistrates, and if Piripi were now appointed an Assessor, his office would be a sinecure. I think that to clothe a man with powers which he cannot exercise would bring our administration into contempt. The principal which I have uniformly laid down in my conversation with the Natives is that when a tribe is willing to come under our administration, and promises to obey the laws, Assessors will be appointed, and paid by Government for their work, but that no money will be given secretly, or to induce Natives to declare themselves loyal. I do not therefore recommend that Piripi should be at present appointed an Assessor. I have, &c, J. E. Gorst. F. D. Fenton, Esq., Assistant Law Officer.
No. 2. REPORT ON THE STATE OF THE UPPER WAIKATO DISTRICT. As I have completed the task of visiting every part of the Upper Waikato District, it becomes my duty to make some general report on the sentiments and intentions of the Natives therein. I should, however, be deceiving the Government, were I to pretend to accurate knowledge, or fixed opinions on this subject. The chief excuse I have to offer for my deficiency is the reserve and distrust with which the Natives, in almost all parts, converse on public affairs, before any one known to be connected with the Government. I am induced to give expression to opinions so hastily and crudely formed, only by the feeling that the Government is anxious for information from this district; and that, before more accurate knowledge can be obtained, circumstances may arise in which imperfect information will be preferable to none at all. I trust that the nature of my communication, and the diffidence with which it is offered, may exempt it from general publication. I have little hesitation in saying that the whole of the district is disaffected to the Government. It is true that in almost every village there are to be found some who make a profession of loyalty; but they are few in number, and feeble in influence, and in almost every case it is open to suspicion that love to Government is a love of presents and salaries only. It is possible to nominate and pay Assessors in this district, but not to use them as instruments for executing the law. Nor do I think it possible through the influence of money to organise a " Queen Party," of sufficient number and influence to cope with and finally absorb the King party. On the contrary, a very large part of the Government money would find its way (as is the case at present with money spent in the Post Office service) into the King's impoverished exchequer. His Government, like greater ones, is in stress for want of funds. The leaders are casting about in all directions for some means of raising a revenue. They are trying to found a Custom House at Kawhia, and are diligent in fining such transgressors as are not above the law ; nothing is calculated more promptly to relieve their embarrassment than a number of Assessors' salaries. (For instance, Taati has since made a law, that no one but his soldiers shall carry the mail between here and Meremere.) Taati's regiments at Rangiaohia is only half in uniform, owing to a failure of funds ; if an appointment as Assessor were given to him, the beautifying of his regiment would be speedily completed. But though all disaffected, two very distinct phases of disaffection are exhibited, of which the Ngatimaniapoto and Ngatihaua tribes may be looked upon as the types. Between these tribes there is a strong and bitter rivalry. One cause of this is the personal emulation of Rewi Maniapoto and William Thompson, each of whom is desirous of being the head of this King Movement, and labours to increase his own influence, and undermine that of his rival. Several serious misunderstandings arose between the two tribes in the Waitara war ; the Ngatihaua loss was heavy, the Ngatimaniapoto slight; the
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former charge the latter with holding aloof from several fights from cowardice and treachery, and they retort by saying that the Ngatihaua were fools. Besides this, the two tribes are at present striving to direct the King Movement in diametrically opposite directions. The Ngatimaniapoto are gone mad after soldiering and warlike demonstrations. They do not care for friendship with Europeans ; they do not desire law and order, and they are afraid of the introduction of English Magistrates, lest they should prove too successful in the suppression of disorder, and in the control of individual liberty. The Ngatihaua, on the other hand, are labouring to perfect their own administrations of law, and to suppress misdeeds of every kind. They gladly accept our advice, and profess a desire for our friendship. Their opposition to Sir George Grey's plans arises partly from temper, because they are mortified at having been so long overlooked, and from a distrust of the ability of English administration, and partly from losing their own independence, of which they have tasted the sweets. A few examples will perhaps show more clearly the alienation of feeling between the two jjarties. The drilled soldiers sent by the various tribes in succession to mount guard at Ngaruawahia, are entirely an institution of the Ngatimaniapoto. William Thomson did not openly oppose it; but when it came to his turn to furnish a contingent, he took down a lot of men with ploughs, broke up a quantity of land at Ngaruawahia,— broke up a quantity of land at Ngaruawahia, and planted it with potatoes, saying that that was all the soldiering which his tribe could do. A law was passed not long ago, that no Magistrates, and no additional Schoolmasters should be allowed to come into the district. With the Ngatimaniapoto, this law is a reality. They threatened to drive me away; they inflexibly resist the establishment of new Schools; and they tried to prevent the Rev. Mr. Schnackenberg from returning to his station at Kawhia. William Thompson confesses that he agreed to such a law, and excuses himself by relating how often he has been disappointed in getting a European Minister and Teacher for his school, until at last, like the fox in the fable, he resolved that he would not have one ; but he opposed, as I have now learnt, the attempt to send me away, and has invited me before his Runanga to adjudicate in certain Maori cases. The Paetai affair, which I have before mentioned, is a kind of judicial investigation into the title of an eel fishery, under the auspices of the Ngatimaniapoto soldiers. Thompson has positively declined to have anything whatever to do with it, and none of his tribe will attend. I nave grounds for believing that Thompson proposed to agree to the Governor's plan for investigating Waitara, and that William King, who is entirely under Rewi's influence, refused. Rewi told me in December last, before Thompson had even hsard of the thing, that they should refuse. That this division exists, there is no doubt; it is my firm conviction (which Mr. M. Clark shares), that strong ill-feeling is growing up between the two parties : the evidence of it consists of tones, gestures, and trifling remarks, which, though sufficient to produce belief in those who witness them, cannot be so put in writing as to produce the same belief in others. Both parties are assiduous in their efforts to strengthen themselves. On this side of Waikato, Rewi is in the ascendant. Thompson goes very seldom now to Ngaruawahia, but is making great exertions at Tauranga, and in the Eastern parts of the Island, to gain adherents. I do not think the English Government is the only or the principal enemy against whom he desires to be fore-armed. In the meanwhile, the one thing which keeps the two tribes from open rupture, is their joint fear of the Government; and as long as this lasts, they will outwardly hang together. It is for this reason that any attempt on our part to promote division would probably end in postponing it, and the only plan seems to be to wait and watch. The time must come when the Ngatihaua will urgently need Government aid, and then it can be either withheld until they demand it, or offered when there is no risk of refusal. Whether the other circumstances of the Colony permit the Government to treat Waikato with salutary neglect, it is not in my province to consider. J. E. Goest. March, 1862.
No. 3. J. E. GOEST, E.M., TJPPEE WAIKATO TO THE HOXOK AISLE THE ATTOENEY-GENEEAL. Otawhao, February 11, 1862. My Deae Sie, — I have not been able to enforce the rights of any of the deserted half-caste children in this District under the provisions of the Destitute Persons Relief Ordinance (H. 4.) The Missionaries are not willing to be informers ; they admit that it is just that half-caste children should be supported and educated by the European fathers and not by the Public, but they do not consider it a part of their duty as clergymen to enforce the rights of either of the children, or of the public. The law can be put in motion by respectable householders, (Sec. 1, 2, 3, 4,) only in case of legitimate children. Legitimate half-caste children are unhappily in the rare. In the common case of an illegitimate half-caste child the law requires an information by the mother or "an officer duly appointed to act in that behalf." As there is no such officer appointed here, no steps can be taken without the mother (Sec. 5). Again the custody of the child cannot be given to any person except with the consent of the Mother unless she happen to be dead or insane. (Sec.
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10.) Thus the effect of an appeal to the law would be to give over the child into the hands of its mother. There are cases in which children neglected by both father and mother are being educated in the Public Schools. Were an attempt made to compel the father to contribute, the opportunity would be eagerly seized by the mother or the mother's friends to claim the child and carry it off to a Native village and thus all hopes of reclaiming it would be lost. I have met with other cases which are not contemplated by the existing law. Half-caste children with neither father nor mother to care for them, living wild like stray dogs or cats in the Native villages ; and European children lost or abandoned in the neighbourhood of Auckland, who have been brought either from compassion or from interested motives by the Maoris into this part of the country, and grown up indistinguishable except by color from the Maoris themselves. An English boy aged about 11 was very recently brought to a village on the Waipa, near Mr. Reid's Mission Station. He was found at Papakura, and said both his parents were dead. I tried to see him when at Mr. Reid's last Friday, but he had gone out eel fishing with his Maori friends. Mr. Reid has promised to try and pursuade the Natives to give him up to me. Is there any public provision for such cases 1 I conceive that those Europeans and half-caste Orphans have a strong claim on the public to save them from growing up as Maoris. The difficulties which I have mentioned would be removed by a law, that a Resident Magistrate on being satisfied that a child was destitute, might order it to be placed in one of the public Schools, and that if on inquiry he found any person liable as father or putative father to support it, he might order a sum of money to be paid by the person liable to support it to the manager of the School. I have, &c, J. E. Gorst, R. M. The Honorable the Attorney-General.
No. 4. MEMORANDUM by j. e. goest, r.m., on the establishment of a police station at kohekohe, AND AN INDUSTRIAL SCHOOL AT OTAWHAO. I assume that, in the present state of this district the policy of the Government should be specially directed to the following objects : — (1.) To devise means by which the young men of those Tribes who already acknowledge the Queen's sovereignty, as well as those who are not amenable to the influence of reason, and are chief promoters of all mischief, can be attached to the British Government. (2.) To provide some instrument by which obedience to law can be enforced without the risk of provoking a war of races. (3.) To exhibit to the disaffected Tribes of the Upper Waikato the results of submission to the British authority, by at once proceeding to govern and civilize the well-affected Tribes of Lower Waikato (if such exist). To attain these objects I suggest the following means :— (1.) The organization of a strong preventive police in the Lower District. (2.) The establishment of an efficient industrial school for big boys, at Otawhao, in the Upper District. (1.) The best place for attempting to initiate such a force is at Meremere. William Wheoro is going to build a court-house. Let a barrack for the accommodation of a police force be added to it. Let it be large enough to accommodate sixty men. The members of the force should be young, able-bodied men, and not taken exclusively from any one Tribe. It is better that the corps should be at first small, than have any but the most select men admitted into its ranks. The men should be dressed in uniform, and well lodged and fed. They should be carefully and constantly drilled by a sergeant who could no doubt be procured from one of the regiments stationed at Pokeno, for that purpose. Arms should not be put into their hands until they could be thoroughly trusted; in the meanwhile the men would bring their own muskets with which to learn the drill. The men should be paid at the rate of Gd. a day (this is double the King's pay). At the outset, to inspire confidence, I would give notice that every man was at perfect liberty to leave whenever he chose to do so. This Corps would in my opinion attract recruits from the upper part of the river, provided that the pay and accommodation was superior to that which can be afforded to the King's soldiers. Every means should be adopted to promote esprit de corps. In order to make the service more attractive, and at the same time civilizing, there should be attached to the Corps, a carpenter, a blacksmith, and a schoolmaster. The men should be paraded for morning and evening prayers and have certain hours during the day for school instruction. Each man should also be employed during part of the day in either the carpenter's or blacksmith's shop, according to his own choice. Ample time must be reserved for rest and recreation.
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Scrupulous cleanliness must be enforced in their persons, their clothing, and their bedding. The duties of the force would be to arrest dangerous offenders, to carry out the sentences of the Civil Magistrate, such as confinement in the guard room of the barracks, or enforced labour to protect the District against incursion from lawless tribes and to interfere at the command of Government to prevent bloodshed in inter-tribal wars. Until thoroughly disciplined and accustomed to obey the commanding officer, and until there existed a strong esprit de corps, the force would have to be employed with the utmost caution ; it must not be set to do hard tasks in its infancy. The people of Waikato and of all New Zealand should be fully informed of this design on the part of Government. For this purpose several articles should be written in the Maori Messenger and widely circulated, setting forth the lawlessness and anarchy of all Native Districts, and especially of the Waikato, and proving that this step is absolutely necessary for the preservation of peace into the country. Should this experiment succeed, it can be at once repeated in other places. If funds would permit, the Police service might hereafter be separated from other departments of Government and centralized as much as possible by the appointment of one Chief Commissioner of Police for the whole island, with subordinate local commissioners. A body of Police thus organised would discharge the function of preventive Police for Europeans as well as Native Districts. (2.) In the Upper Waikato it is not possible to organise a Police force, without provoking the hostility of the King's adherents, before it would be strong enough to resist it with success ; neither do I see any possibility at present of obtaining the command of any of the numerous bodies of armed Police which already exist in that District. I propose to establish in that District an industrial school for big lads and young men which may grow into a Police Station hereafter. Mr. Taylor, Inspector of Native Schools, has informed me that the consent of the Eev. John Morgan can be obtained to place his school and school premises at the disposal of Government for this purpose. The consent of the Church Missionary Society, who own the land, and of the Church of England Board of Native Education, who manage the school, has also to be obtained. This could no doubt be done, as the school is at present in a very poor way, and the Government would undertake to restore both school and premises probably in an improved condition into their hands as soon as the purpose for which the management is temporarily desired has been accomplished. There are a very few girls at the school, who must be got rid of. There are four or five boys to start with, and I have not the slightest doubt that many more can be obtained from the neighbourhood and elsewhere. The boys must be fed and clothed well, and kept very clean. I propose that Mr. Marsden Clarke, my present clerk and interpreter, should be put in charge. He is practically acquainted with farming and with the way of managing native boys. There is a good carpenter and a blacksmith living in the neighbourhood, whose services could be engaged to teach the boys their respective trades. Their labour could be employed in repairing and improving the School premises and the Government property at Otawhao. Mr. Taylor can provide a teacher. The hours of labour and study should be strictly limited, and games of all kinds taught and encouraged. J. E. Gokst. Auckland, June 28th, 18G3.
No. 5. J. E. GOKST, E.M., UPPER WAIKATO, TO HIS EXCELLENCY SIR GEORGE GREY, K.C.B. Auckland, June 28th, 1862. Sir,— In continuation of my letter of this date, I have to represent to your Excellency, that besides the assistance required from the Military authorities, the following things are requisite for establishing the Police Station at Kohekohe, and the Industrial School at Otawhao. (1.) For the Police Station at Kohekohe. An authority to draw such sums of money as are needed from time to time for the payment of the sawyers, the wages of the policemen, and the general expenses of the establishment. (2.) For the Otawhao school. Authority to engage the services of Mr. Chitham, to alter and repair the premises. Authority to promise Mr. Marsden Clarke an increase of salary, on his undertaking the duties of general manager of the school. Instructions to Mr. Taylor, the Inspector of Native Schools, to send up a European teacher. Authority to incur any expenses necessary for clothing and feeding the boys at the school. I have, &c, J. E. Gorst. His Excellency Sir George Grey, K.C.B.
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No. 6. E. ORMSBY TO THE HONORABLE THE COLONIAL SECRETARY. Kopua, Upper Waipa, 15th April, 1862. Sir,— I have the honor to inform you that the Natives have swept off all my horses under colour of decisions of the Eunangas. They have now, or ought to have, eight or more head belonging to me; the last was taken on Saturday last, the 12th instant, for damage done in a garden of maize. Some short time ago six head of cattle—three belonging to me, and three to Natives—did the damage referred to. I offered ample compensation, or if they were not satisfied with that, to leave the matter to arbitration, or if they would begin with the Natives to pay as they should pay ; but the cowardly wretches have taken my last horse in payment for the whole damage done. I have been advised by Natives to ask the Governor to have these offenders arrested should they venture down the River. I have applied to the Eesident Magistrate for a Summons for them, so that if they allowed judgment to go by default, as they probably would, a Warrant might issue to take their bodies if they appeared in Loyal Districts, but he does not see his way to accede to my request. The Resident Magistrate is doing everything he can for me, but I am satisfied he will effect nothing ; he might as well attempt to reason with a wild beast or a highwayman as with these people. I venture to hope His Excellency the Governor will be pleased to inform me as soon as possible what I am to do under these circumstances. Can I proceed against the offenders in the manner I have indicated 1 Am I to pay the iniquitous demands of the Runangas, or let them retain possession of my horses 1 I have, &.c, E. Ormsby. The Honorable the Colonial Secretary, Auckland.
No. 7. R. ORMSBY TO THE HONORABLE THE COLONIAL SECRETARY. Waipa, 14th May, 1862. Sir,— On or about the 15th ultimo, I wrote to you to inform you that all my horses had been seized by Natives under colour of decisions of the Runanga ; as I have received no reply to that letter, I again address you. In the difficulty in which I found myself, I thought that as the Government had sent Magistrates to the District, the best thing I could do would be to leave the matters in dispute to be settled by them. I am most unwilling to submit to the demands of the Eunangas, so long as there is any prospect of redress. I am now anxious to take the wisest course under the circumstances ; what that course is depends altogether on the intentions of the Government. May I then request you to inform me, can I take action against Natives who have robbed me 1 or am I to allow them to retain possession of my horses ? I have, <fcc, E. Ormsby. The Honorable the Colonial Secretary, Auckland.
R. Ormsby.
No. 8. ACTING NATIVE 8ECKETAEY TO EOBT. OEMSBY, ESQ. Native Secretary's Office, Auckland, May 22nd, 1862. Sir,— In reply to your letters of the 15th April and 14th instant, acquainting the Government that certain Natives of the Waipa District had seized your horses under colour of decisions of the Runanga, I am directed by Mr. Fox to state to you that the Government is fully alive to the wrongful character of the transactions to which your letter refers, and to assure you of their anxiety to assist you in obtaining redress by all means in their power. At the same time I need not point out to you the difficulties which exist at the present time in enforcing the ordinary course of law in the district of Upper Waikato.
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The only effective remedy which can be applied to evils of such a state of things, is by a pacific solution of the question which now divides the two races, and by bringing Natives under the ordinary authority of law. To that end His Excellency's Government is using its utmost efforts, not without reasonable hope of success. To precipitate a conflict of races by recourse to extreme measures in such a case as that to which your letter refers, would, however justifiable it would seem in the abstract, frustrate the object in view, and only lead to consequences in the highest degree detrimental to the interests of the Colony. Whilst, therefore, I assure you that the Government will use all means in its power of obtaining for you redress for admitted wrongs, it is not prepared to take such steps as may provoke a hostile collision with the Natives. I must point out to you that your claim for the interference of Government is greatly prejudiced by the fact that the present difficulties have arisen mainly from the circumstance of your occupying land in direct contravention of the well-known provisions of the law. I have, &c, H. Halse, Asssistant Native Secretary. Kobert Ormsby, Esq., Waipa.
No. 9. EOET. OEMSBT TO ACTING NATIVE SECRETARY. Waipa, 18th June, 1862. SlE — Referring to the concluding paragraph of your letter of the 22nd ultimo, in which you state that my claim for the interference of Government " is greatly prejudiced by the fact that the present " difficulties have arisen mainly from the circumstance of your occupying land in direct contravention " of the well known provisions of the law," I beg leave to state for the information of the Government that I came to reside in this district in the year 1848 ; the law in question had then been some two years on the Colonial Statute Book ; when it was enacted, a number of Europeans were squatting in the Waikato country, yet these persons were neither ordered to remove, nor were they required to take out licenses. Since I have resided on the Waipa, successive Governors, Ministers, and Magistrates have visited the district, but no objection has been made, no European has been prosecuted, and the law, so far as it referred to squatting, has remained hitherto a dead letter. For these reasons I have always considered that the law in question was not intended to prevent squatting, but to give the Government the power of removing in a summary manner any European whose residence in a Maori district might endanger the peace of the Colony. I am confirmed in this view of the case by the conduct of the Missionaries, the teachers of religion and morality in the district. I am quite sure they must have interpreted the law as I did rather by the policy of the Government than according to the strict grammatical sense, for I feel certain they would not wilfully and knowingly contravene any of the laws of the Colony. It will not be denied that the residence of Europeans in Maori districts has been an advantage to the Province, <is regards trade, and in other respects ; I hope, therefore, that the Government will not allow this law to operate to the prejudice of our claim for protection from the iniquitous decision of the Kunangas, and that it will by a timely vindication of the authority of the law, keep the settlers from being driven to desperation. I have, &c. Kobt. Ormsby. The Acting Native Secretary, Auckland.
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SECTION VIL—TAUPO.
No. 1. G. LAW, E.M., TO THE HONORABLE THE ATTORNEY-GENERAL. Auckland, 25th May, 1862. Sir, — I have the honor to submit the names of the following Chiefs, for the approval of His Excellency the Governor, who have been selected by their respective tribes as their Assessors :— Nga-ti-te-pake. Hohepa Tamamutu ... ... ... Assessor. Hare Tetoroa ... ... ... ... Sergeant. Two Policemen. Ngatiruirange. Te Watene te Apu ... ... ... Assessor. Eru Oho ... ... ... ... ... Sergeant. Two Policemen. Ngatiranhoto. Heremaia Pourangi ... ... ... Assessor. Ihakara Kahuao .. ... ... ... Sergeant. Two Policemen. —And that the appointments should date from the 1st May, 1862. I have, &c, George Law, Resident Magistrate. The Honorable the Attorney-General, Auckland.
No. 2. THE HONORABLE THE ATTORNEY-GENERAL TO G. LAW, R.M. Colonial Secretary's Office, Native Department, Auckland, June 21st, 1862. Sir, — On the occasion of sanctioning a requisition by you for an advance on imprest, of £128 for the establishment of a Government store in the Taupo district, I think it necessary to express to you my opinion as to the utility of such an establishment, and to give you some instructions as to the manner in which its operations should be conducted. 2. The functions of a Commissioner, under the institutions which are now being introduced into the Colony, have for their object, not only the Governmental control and the maintenance of law in Native districts, but a much higher object—the social elevation of the Maori race, and their education into the habits and manners of life of more civilized nations. In devising the means of improving the race, few things seem to me more likely to contribute to the result than to instruct them practically in the ordinary arrangements of trade and commercial business. If the Natives could be induced to undertake their own store-keeping, instead of relying for commercial necessities on the class of persons which is found in most districts pursuing such avocations among the Natives, an immense advantage would be gained. On a late occasion, when this subject was discussed by some intelligent Natives at Tamahere, in Waikato, in my presence, they exhibited the greatest interest in the question, and pointed out numerous evils arising from the fact of their being dependent on a few European traders for the facilities for buying and selling. 3. In attempting the establishment of a general store at Oruanui therefore, you will bear in mind that the principal object is to make Natives storekeepers, and exhibit to the Natives the right method of conducting business. With this object in view, you will be careful to employ some intelligent Native, such as Hohepa Tamamutu, in the conduct of the store, giving only such supervision and instruction as may be necessary to prevent mismanagement, &c, and to secure the proper appropriation of the proceeds. 4. As regards this, it is hoped that in consequence of the very high price of goods at Taupo, caused by there being no store within one hundred miles, a very considerable profit will be made,
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Out of this, you will, in the first instance, pay the storekeeper a reasonable salary ; and the balance, if any, may be added to the original capital : thus enabling the business to be enlarged from time to time. The storekeeper should distinctly understand that he will receive no salary, except from profits ; and that if there be no profits, he ■will work for nothing. 5. One of the greatest evils which exists in New Zealand, and which is considered by many to be at this moment the prop and main-stay of the King Movement, is the extent to which credit has been given to Natives by the traders scattered over the country for goods sold at enormous prices— prices, no doubt, enhanced by reason of the uncertainty of payment under such a system. The fear of being compelled to pay their debts if Queen Magistrates are appointed, is well known to be the sole motive which actuates many Natives in refusing to assist in the introduction of the new system. You will, therefore, perceive the vital importance of laying it down as a fundamental principle of the business of the Taupo store, that no credit shall at any time, or under any circumstances, be given. 6. You will also understand that the Government cannot continue to make advances towards this object. The sum now appropriated must be considered as the capital with which the concern is to be carried on. If it turns out profitable, you will be able to provide for an extension of its trade; if otherwise, no further assistance can be given towards it. The official departments at Auckland must not be troubled with any accounts or other transactions connected with the store. It must, when started, be carried on through the ordinary commercial agencies. 7. And lastly, you will on no account render the Government or yourself responsible, pecuniarily, for any transactions connected with the store. I have, &c, W. Fox. G. Law, Esq., Civil Commissioner, Taupo.
Sessional Papers, 1862. E. No. 6, pp. 7, 8.
SECTION VIII.-EAST CAPE. No. 1. RESIDENT MAGISTRATE, EAST CAPE, TO THE HONORABLE THE NATIVE MINISTER. Auckland, January 7th, 1862. Sir, — With reference to my several Reports respecting this District, I recommend that for the purpose of bringing into operation there, Sir George Grey's policy, the District be divided into two Districts, to be constituted under the " Native Districts Regulations Act," and the " Native Circuit Courts Act, 1858," with the boundaries as stated in the annexed Draft Orders of Council. I propose further that Te Mokeno Kohere be appointed Principal Assessor to serve in both Districts, and that the Chiefs named in the enclosed Schedule be appointed Assessors, <fec, with the intimation that they would act within certain hundreds to be appointed hereafter. I have, &c, William B. Baker, Resident Magistrate. The Honorable the Native Minister.
Enclosure to No. 1. SCHEDULE. Principal Assessor Mokeno Kohere ... ... ... ... £50 0 0 District of Waiapu. Hundred of Te Kaha ... ... Assessor, not yet determined ... ... 40 0 0 " Kawakawa " Wikiriwhi Mateha 40 0 0 " Waiapu ... ... " not yet determined 40 0 0 " Wharepenga ... " Hamiora Tamanuitera ... 40 0 0
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District of Tolcomaru. Hundred of Tokomaru Assessor, Pita Honao 40 0 0 " Uawa " not yet determined 40 0 0 District of Waiapu. Hundred of Te Kaha Warden, not yet determined 24 0 0 " Kawakawa ... ... " Erimana Otakaru ... ... 24 0 0 Waiapu " Mohi te Wharepoto 24 0 0 " " " Timoti te Mamae 24 0 0 " Wharcpenga ... " Keniara te Hape 24 0 0 District of Tokomaru. Hundred of Tokomaru Warden, Pikamu te Whata 24 0 0 " Uawa " Patihana Aukomiro 24 0 0 14 Kareres for District of Waiapu, at 10 pounds per annum (to be selected byEunanga) 140 0 0 4 Kareres for District of Tokomaru, at 10 pounds per annum (to be selected byEunanga) 40 0 0 £638 0 0
No. 2. RESIDENT MAGISTKATE, EAST CAPE, TO THE HONORABLE THE ATTORNEY-GENERAL. Eesident Magistrate's Office, Rangitukia, 25th March, 1862. Sir— I have the honor to inform you that the announcement by the Governor, in His Excellency's speech to the Waikato Chiefs (vide "Maori Messenger" of February 5th), of the intention of the Government to station a medical attendant in each Native district, has been received by the Ngatiporou with great satisfaction. A public meeting is to be held on Monday next, the 30th instant, at which delegates from all the Iiapus will be present, for the purpose of petitioning the Government for a medical man. The winter is rapidly drawing on, during which death makes its greatest ravages among them; and they are unanimous in their desire that one should be sent as speedily as possible, in order to avert—as far as human means can effect—the dreaded attacks of catarrh which are so fatal to the Maori race. Deeming it of urgent importance that the Government should be made aware of their wishes at the earliest date, I have not waited for the letter they intend to write (which shall be forwarded as soon as possible), but enclose one from the principal Assessor, which may be taken to rej>resent the wishes of the mass of the people. In the event of the Government acceding to this request, I beg to be informed as to the nature of the necessary preliminaries for his location among them ; whether the Natives are to give a hospital site ; whether any, and, if so, to what amount, fees will be expected. The Natives state their inability to pay these in money, but are willing to give wheat, maize, &c. I fear, however, that but little may be expected from them in this way. I would recommend that the doctor be stationed at or near Rangitukia, the mua-upoko (metropolis) of the Waiapu district, that he should be a married man (this is indispensable), fond of the Maories, and willing to bear with their perverseness until they can be taught better. Any intelligent man thrown so completely among the Maories as he would necessarily be, would soon acquire a sufficient knowledge of the language for the purpose of his profession. In conclusion, I can only add to a strong recommendation that the appointment be at once made, an expression of my willingness to do everything that lies in my power to assist him in settling down among the people. I have, <fec, William B. Baker, Resident Magistrate. N.B.—I have just received, and enclose, another letter from Te Patihana, to the same purport as that of Te Mokena. Wm. B. B. The Honorable the Attorney-General, &c, &c, &c.
Enclosure 1 to No. 2. Waiapu, Eangitukia, March 25th, 1862. To THE GoVEENOE, O loving parent, I salute you in the grace of God, who appointed that order of person to be a parent for the two races —for the Maori and for the Pakeha : or rather for the Maori, for the umvealthy.
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Now this is the second time of your coming hither to bo a parent for the people residing in New Zealand. We consider that you only are to be the parent who shall elevate the works (that are being introduced among us). Now our thoughts wholly turn towards you —that is, to all your plans. Now my desire is this: —Do you speedily introduce your system to this part of the island—that is to say, send a doctor for our children. We are thinking much about that man who shall administer medicine for our ailments, for all our children are dying from year to year. Thus it is with foolish people, who know nothing about that thing disease. Let that man come speedily; let him come at once. Here ends the message. From your loving friend, Te Mokena.
Enclosure 2 to No. 2. Written at Kangitukia, from within the limits of Whangara and Uawa, March 25th, 1862. From the unhealthy—that is, from me. O Sir, O Governor, I salute you. Great is our arolia for you. The first arolia was manifested by you, seeing that the Gospel came from you. And now you have a second time manifested your aroha to us. We wholly turn unto you—that is to say, to your measures. For the past was one growth of ours. Now we enter upon another growth. Do you then be strong in the introduction of your measures along this coast, and among us. We desire that you will send us a medical man, on account of the sickness which prevails among us from year to year. I have no more to say. Let these words be printed, that we may see them. From your loving friend, Patihana Tb Aukomibo. To His Excellency the Governor. A SONG. Think not, O Governor, that I am two-hearted No other thought now dwells within me. One only thing now engages my mind— The two-united* which have banished evil: There was nought in the oldf (system). Now I turn to the new. " Religion and Law. t Maori Law and " Tikanga."
No. 3. RESIDENT MAGISTRATE, EAST CAPE, TO THE HONOKABLE THE ATTOKNEY-GENEBAL. Eesident Magistrate's Office, Rangitukia, 26th March, 1862. Sir,— I have the honor to address you on the subject of the enclosed letters, which I have been requested by the Natives of Uawa to transmit for the consideration of His Excellency the Governor. Just prior to my recent visit to that Hundred, the Iiunanga had received information, vid Poverty Bay, that Mr. Charles Baker had been or was about to be appointed a Hesident Magistrate. They at once determined to petition the Government that he might be stationed at Uawa, as from his long residence there, he had become thoroughly acquainted with them and they with him. Their letters speak for themselves, and need no comment from me. The writers having solicited me to back their petition, I beg leave respectfully to submit the following observations, being at present unaware what station Mr. Baker is to occupy. I have just returned from Turanga, where the Natives are in a disaffected state, and averse to the appointment of a Magistrate to reside among them. They will require a man of firm decision and experience, being rather given to flatter themselves that they bullied the last Magistrate out of the place. The extent of country under my charge is too great for the efficient performance of the duties of my office, and the temper of the Natives in their present transition state, such as requires constant surveillance. The Natives of Tolsomaru, as I have already reported, are not in such a satisfactory state as I could wish, but I am persuaded that more frequent visiting than can at present be accomplished would have a good effect. The district of Tokomaru within which the Hundred of Uawa is situated, would furnish ample employment for an active and zealous officer, and while I am perfectly willing to devote as much time as possible to it, the rapid increase of engagements in the large district of Waiapu warns me that I can hardly hope to keep both in such a state as I am anxious that they should be. In the event of the Government seeing fit to comply with the request of the Natives for the appointment of Mr. Baker or any other person to this district, it will afford me much pleasure to give to a junior in the same service, the benefit of my experience, if it be thought desirable that I should do so.
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I do not think that Uawa would be the best station within the district, it is certainly not the most central. The question of location might be an after consideration. I have, &c, William B. Baker, Eesident Magistrate. The Honorable the Attorney-General.
Enclosure 1 to No. 3. March 19th, 1862. To His Excellency Governor Grey, from the Eunanga of Uawa. Fbiend the Governor, — We salute you. Friend, this is our message to you, to desire you to seek out a person to take care of us, lest we be like unto sheep having no shepherd. Friend, the person whom we desire is Mr. Charles Baker, that you would send him as a guardian for us. We have spoken to the Magistrate, Mr. Baker, and he has approved of our request that you would send that person to take care of us. O friend, O Governor Grey, this is a carefully considered application which we now present to you, that you would send Mr. Charles Baker to us. Here ends the message from your friends in the Zotahitanga (Union). Kahabtthi Hapttpoia. Karaubia Pahuba,
Enclosure 2 to No. 3. Friend Govebnor Grey,— That is our desire, even that you would send Mr. Charles Baker as a guardian for us, because our Magistrate Mr. Baker lives a long way from us, and comes only once or twice in a year to visit us. We shall be like the titi (mutton bird) the parent of which only feeds its young once during the year. Friend the Governor, we have carefully considered this application, and desire that you would send Mr. Charles Baker, the person whom we desire, to us. Here ends the message, from your loving friend in the Union. HOEI MoKOEBA.
Enclosure 3 to No. 3. Feiend Governor Geey,— We have hut one wish, that you would send the person we desire, Mr. Charles Baker, to take care of these sheep which belong to the one flock, and have rested within the one fence—the Government. No more from your loving friend, Hamioba Ktjhukuhtt.
Enclosure 4 to No. 3. My Loved Friend the Governor, — I salute you. Friend, there is but one message to you, that you would send the person we wish for, to be our friend, Mr. Charles Baker, to be a learned person among us, and a Magistrate. Give weight to our letter. No more from your loving friend of the Kotahitanga. Mokena Huatau.
Enclosure 5 to No. 3. Feiend, — But one word will be spoken to you from the commencement of this Letter even unto the end. It is all on one subject, that you will send Mr. Charles Baker to us. No more. From all the Eunanga of Uawa throughout all its boundaries.
No. 4. RESIDENT MAGISTRATE, EAST CAPE, TO THE HONORABLE THE ATTORNEY-GENERAL. Resident Magistrate's Office, Eangitukia, 25th March, 1862. Sir,— I have the honor to recommend that some allowance should be made for the entertainment of the Native Assessors, Wardens, and Kareres, who have to come to head-quarters at least once a month, on various matters connected with the offices held by them.
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The rule at present in use in this and the adjoining District (Tokomarn), is that they shall assemble at Raugitukia on the last day of the month to report the state of the Hundreds, <fec., under their care, to receive advice and instruction, and to afford them an opportunity of suggesting to myself and their fellow office-bearers such measures as they may deem advisable for the public good. On the first day of the month they receive their pay, and return to their homes. By this means I am enabled to maintain a proper degree of discipline, and to inculcate a spirit of harmony and goodwill among the individuals thus banded together by a similarity of office and duty. Up to the present time they have been entertained by Te Mokena, the principal Assessor, with some little assistance from myself; but I feel that it is unjust to tax Te Mokena's hospitality to such a degree. Again, I have announced my intention of devoting two months of the winter to the regular schooling of the Assessors, &c, in the duties devolving upon them. One half to remain a whole month, receive their pay, and return to make room for the second party. The state of the roads during the winter months, and the floods in the rivers, render travelling excessively laborious and perilous; and I feel persuaded that a regular course of instruction, even for a limited period, will be far more valuable to them than flying visits, when the Assessors and people together assume an inspection behaviour. I am happy to be able to state that the Natives manifest the greatest willingness to meet my wishes in this matter, and confess their need of instruction. I beg, therefore, to suggest that I should be authorised to expend a sum of (say not exceeding) Ten pounds for the entertainment of the Assessors, Wardens, and Kareres during this period, with occasional assistance at the usual monthly meeting. The amount to be made chargeable against the two Districts. I have, &c, William B. Baker, Resident Magistrate. The Honorable the Attorney-General.
No. 5. RESIDENT MAGISTRATE, EAST CAPE, TO THE HONORABLE THE NATIVE MINISTER. Resident Magistrate's Office, Rangitukia, 25th March, 1862. Sir, — Considerable excitement, and I may add wrath, is manifested by the Natives of this district, arising out of the assertion of Herewini (vide " Maori Messenger," of February 5th,) that " All the men of New Zealand wish to have him (the Maori King,)" and " no letter has reached us, no letter saying they do not approve, and hence I said, all are consenting." With a view to contradict these statements, and especially to prevent the possibility of a misunderstanding arising out of the latter, letters have been written to the Waikato party disavowing any participation in their views, and rebuking them for the assumption of a power which was never formally attempted on the one hand, or permitted on the other. I enclose herewith, for the information of the Government, copies and translations of two of the letters ; the first by Karauria Pahuru, a Chief of high rank, and the successor of Te Kaniatakirau, in the Tokomaru district; the other by Te Mokena Kohere, the principal Assessor of the combined districts of Waiapu and Tokomaru, —a man of great influence and unwavering attachment to the Government. I have, &c, William B. Baker, Resident Magistrate. The Honorable the Native Minister.
Enclosure 1 to No. 5. Waiapu, Eangitukia, March 24th, 1862. To all Waikato, even unto all the boundaries thereof. Salutations to you all in your law. On the 21st day of March, the " Messenger " of the Government came to us. Then, for the first time, did we hear of your meeting with the Governor. You say, your King has been received by us, that all the Eunangas will give heed to your words. This is our word (in reply) wherefore should your King be placed over us. Bather do you retain your King unto yourselves (to have power) upon your own lands. Let the productions of its fruit be confined to that spot. I also had ancestors in former days. There appeared Hinematioro, Te Kaniatakirau also appeared. These were my Chiefs ; they were born to bo Chiefs over my lands. Although he (Te Kani) is dead, his mana still exists over his own lands, and upon all his people. The only trees that shall receive culture at my hands are religion and law. Be it as St. Paul saith, " Let us go on to perfection." This ends here. Kauaueia Pahuba.
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Enclosure 2 to No. 5. Waiapu, Eangitukia, March 24th, 1862. To the Eunanga of Waikato, throughout all its boundaries. Salutations to you all in your law— that is to say, in your King, On the 21st day of March, we heard through the " Maori Messenger " of your meeting with the Governor, when you addressed him, and said that the King was for all New Zealand. If it had been that there were Kings in former days, this (assertion) would have been well; but the name used to be Rangatira (Chief), now we hear it is Kingi, and the name of Nui Tirini. The name of this Island in olden times was Te Ao Maori Tcai-tangata (the man-eating Maori world.) Desist from that work. Lay aside, O friends, your King; rather let us look up to the clouds ; let our King dwell there. But, as for this plaything of ours, cast that aside. Your King has struck blows upon all the Chiefs of different places. Do you eat of the fruit of the tree which you have planted, we do not approve of it; what we approve of, is religion and law. Our ears heard of it, our noses smelt of it, and our noses experienced the ill odour thereof; we were made sick by these words. There ends this message to you. From me, Te Mokena.
No. 6. RESIDENT MAGISTRATE, EAST CAPE, TO THE HONORABLE THE ATTORNEY-GENERAL. Resident Magistrate's Office, Eangitukia, 29th April, 1862. Sir, — Herewith I transmit five Letters from Natives of this District, urging the Government to send a Medical Officer to reside among them. Also a letter from Eihari Paipa, praying for a blacksmith. I have, &c, William B. Baker, Resident Magistrate. The Honorable the Attorney-General.
Enclosure 1 to No. 6. Tikitiki, Waiapu, March 31st, 1862. Friend the Governor, — I salute you. Your Letter has arrived (Maori Messenger) ; we have seen it, and we agree to desire that you would send us a Doctor, on account of the Sickness that befalls us every year —ignorant people that we are. Therefore, we seek for a means of remedy. The thought is with you. Mo more words to you from your loving friend, Timo te Mamae.
Enclosure 2 to No. 6. Uawa, March 31st, 1862. Friend the Governor, — I salute you. We are feeling satisfaction at what you have said. Yes, send us also a Doctor, because we are sickly. I have ended all my message to my loving friend the Governor. Tamati Pakt;.
Enclosure 3 to No. 6. Tokoniaru, March 31st, 1862. Friend the Governor, — I salute you in the peace of God. This is our message to you: It is the desire you appoint a Doctor for us, on account of our sickly state. Send one speedily. ]S ro more. From the Eunanga, by Epiniha Pahati.
Enclosure 4 to No. 6. Tuparoa, March 31st, 1862. Friend the Governor, — I salute you. This is my thought that you should send hither an European to be a Doctor for us. Do you select one and send him to us to heal our maladies. Iso more from your son, Kereama te Wera.
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Enclosure 5 to No. 6. Whareponga, March 31st, 1862. Fbiend the Goveenoe, — I salute you, the parent of the two races —the Maori and the Pakeha. This ends—that is to say, this message of affection to you. This is another thought of ours respecting a Doctor for us, because all seasons are alike sickly to us; at no time does sickness cease among us. Friend, see that they come speedily, that we may soon have possession of it. From all the Bunanga at "Whareponga, Ahuahu, Waipiro, Waikawa, Terereatahu, Popoti, and Otuawi.
Enclosure 6 to No. 6. Hikupapa, April 1st, 1862. Sib,— We salute you. This is our wish. Do you give heed. "We greatly desire that a Blacksmith may be sent to us, because our trace-chains break, our draught-hooks snap, and we know not how to mend them. Therefore, we think that it will be well for you to send a Blacksmith for us. This message ends. From Timo, Bihaki Paipa, And the Bunanga. P.S. —Be sure to accede to our request, let him be a blacksmith who can work for us. His Excellency the Governor.
No. 7. BESIDES! MAGISTBATE, EAST CAPE, TO THE HONORABLE THE ATTOBNEY-GENEEAL. Eesident Magistrate's Office, Eangitukia, 6th May, 1862. Sib, — I have the honor to inform you that it is my intention to start to-morrow morning for Whareponga (a day's journey South) for the purpose of conferring with the Rev. Raniera Kawhia as to the fitness of certain individuals for the Native Jury List. On my return thence, I purpose visiting Te Kawakawa to consult the Rev. Rota Waitoa on the same subject. This is really the first leisiire I have been able to obtain to devote to this business, and even, now my presence is solicited in another direction. I trust that I may not be exceeding the bounds of my duty in submitting my opinion for the consideration of the Government. That a Jury List is desirable and perhaps necessary cannot be doubted ; but, after giving the matter careful attention, the conviction is painfully forced upon my mind that the majority of the Natives of this district—I may even venture to say the whole—are imfit to be entrusted with duties which require so taithful and conscientious a discharge as those of a Juror. Their notorious partiality—their unscrupulous disregard of truth, and, so far as others are concerned, of justice—are every day apparent. Perjury of the deepest dye is looked upon by them as a venial offence, only reprehensible when they fail to gain their end. Only a short time ago three witnesses swore most solemnly in Court that a European had been guilty of burglary ; he was on the point of being committed, when an inadvertent slip of one of them gave a clue which unravelled the whole plot. Again, in the case of a foreigner who was charged before me with cattle stealing, the principal witness swore falsely more than once, as his own evidence, and his subsequent confession, proved. With this impression on my mind, the Government may feel assured that the greatest possible care will be taken in forming the list. I have, &c, William B. Baker, The Honorable the Attorney-General. Resident Magistrate.
No. 8. ASSISTANT LAW OFFICER TO RESIDENT MAGISTRATE, EAST CAPE. Attorney-General's Office, Auckland, 29th May, 1862. Sib,— I am directed to express to you the Attorney-General's regret at the information contained in your letter of the 6th instant, relative to the unfitness of the Natives to perform the functions of
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Jurors. Your duty will be simply to make and transmit a list of those whom you think to be fit; and although it may be difficult to find a large number of such, yet it is clear that the district should not be left altogether without a Jury List. I have, &c, Francis D. Fenton, Assistant Law Officer. The Resident Magistrate, East Cape.
No. 9. RESIDENT MAGISTRATE, EAST CAPE, TO THE HONORABLE THE ATTORNEY-GENERAL. Eangitukia, May 21st 1862. Sir,— I have the honor to forward herewith copy of a letter from a settler at Tokomaru, relative to a broken coin, which I enclose, a dispute regaining which had arisen between him and the Runanga of Tokomaru ; the latter having assumed the power of punishing him for defacing the Queen's coin, by the infliction of a fine of £20. Finding that Deverson refused to acknowledge their authority, they sent a special Messenger to me with the broken coin, and the sum of ten shillings in silver, which Deverson had given him in lieu thereof, requesting at the same time that I would settle the question. As I have no means of testing the coin satisfactorily, the general belief being that it is counterfeit, I informed the Natives and Deverson that I could transmit it to Auckland ; and immediately upon receiving a reply, would intimate to them what action would be taken in the matter. I have, &c, William B. Baker, Resident Magistrate, District of Tokomaru. The Honorable the Attorney-General.
Enclosure to No. 9. "Wednesday Night, Tokomaru, April, 1862. Sib,— The bearer of this note is on a message from the Eunanga, in Tokomaru, for you to fine me for breaking with my teeth a counterfeit half sovereign, that was given to me on Tuesday, by a Native to get change. It did not sound good, and I tried it with my teeth, and it broke. They wanted me to pay for it. I told them to take it to the party they got it from, and get a good one for it. They said they got it out of Captain Reid's vessel, and annoyed me to pay for it. I, therefore, then gave to the bearer, who is acting *Magistrate with them, the money I broke, and ten shillings which he has to keep till you eome, for you to decide whether I should pay for it, or ihey should take it back where they got it from. They were satisfied at that time, and went away. They then took it to Mr. Byland, who told them that I was a stupid man; that it was good money, &c. In consequence of which, they annoyed me till I went to the Eunanga, where they wanted me to consent to pay £5 now, and when you come, £30 more if you found me guilty, and to receive £30 if acquitted. I told them that I should leave it to your decision, which they have sent the bearer to get. I trust you will consider that I have done right, for as soon as a bad coin is stopped circulating the better. He has the ten shillings in his hands for your decision, but they consider that they will receive a large payment from me. If I have done right, I trust that you will reprove Mr. Eyland for the annoyance he has caused me. I have, &c, Samuel Deveeson. William B. Baker, Esq. p.S.—I trust you will fully clear me with the Natives of any crime; also to tell them that Captain Eeid should refund them this money, and return me the ten shillings I deposited with them for your decision, which was our agreement. Likewise, if you consider Mr. Eyland has acted maliciously in trying to get me into trouble, you will enforce justice for me. Had you not been here for me to apply to, I should have had to pay, or been plundered for acting as I considered conscientiously in stopping the circulation of a counterfeit coin. Please excuse the length of the letter, as I wish you to have a correct statement. S. D.
* This is incorrect. Mauhata brought the money to me. He holds no office under the Government; but is a leader of the Tokomaru Kunanga.—William B. Bakkb.
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No. 10. RESIDENT MAGISTRATE, EAST CAPE, TO THE HONORABLE THE ATTORNEY-GENERAL. Resident Magistrates^ Office, Rangitukia, May 21st, 1862. Sir, — I have the honor to inform you that, during iny recent visit to Whareponga, I learnt that some spirits had been given by a European belonging to, or a passenger on board of, the schooner " Albatross," of Auckland, to some Natives at W^siro, where the vessel was lying wind-bound, about the 3rd instant. Immediately upon hearing of this (there being no Karere, or Warden, at hand), a young man named Peneamine went on board, and endeavoured to learn the name of the master and vessel; but finding that evasive replies were given, he handed a copy of the English and Maori Proclamation, against the carriage coastwise of spirits, to the master ; and then, dropping over the schooner's stern, copied on an oar blade the characters traced thereon. Oddly enough, her name was in ornamental letters, which he managed to transfer first to his oars, and then to a piece of paper, on reaching the shore, with sufficient accuracy to assure me that he was right. Finding what he was about, the master immediately got his vessel under weigh, and proceeded Southwards. I have, &c, "William B. Baker. The Honorable the Attorney-General.
No. 11. RESIDENT MAGISTRATE, EAST CAPE, TO THE HONORABLE THE ATTORNEY-GENERAL. Resident Magistrate's Office, Rangitukia, 3rd June, 1862. Sib,— I have the honor to report that on Saturday, the 3rd ultimo, I returned from Tokomaru after an absence of eight days, having gone thither to attend a Native liakari (Native feast) given by Henare Potae, the Chief of Te Whanau-a-Ruataupare on the occasion of making a collection towards the support of a native minister. The rule in the diocese of Waiapu is, that as soon as any tribe or hapu shall have collected the sum of Two hundred pounds, it is invested by the Bishop for the maintenance of a Native Clergyman, the interest, calculated at Twenty pounds per annum, being deemed sufficient for this purpose. It is in this manner that the Rev. Rota Waitoa, of Kawakawa, the Rev. Raniera Kawhia, of Whareponga, and Rev. Tamihana Huatau, of Te Wairoa, are supported. They complain, however, and with reason, that their salaries are insufficient to meet their expenses, it being the established custom that all visitors of distinction, and as such the most expensive to entertain, shall be received by the Minister. He has also to keep up a respectable style of dress and habitation upon an annual income considerably less than that received by a Warden under the new system. About two thousand persons were present at the hakari, consisting of about thirty of Whanau Apanui from Omaia to Oreke ; a large number of Whanau-a-maru, from the Hundred of Kawakawa ; and the majority of the active population of the Hundred of Waiapu and Whareponga (Ngatiporou). Their entertainers consisted of the Urungawera and Whanau-a-Ruataupare (Henare's immediate followers); Titangahauiti (Hundred of Uawa) ; and about forty Rongowhataata, from Turanga. There were thus representatives from all the tribes residing within a seaboard extending over about ten days' journey. The amount collected was :—Tangatawhenua (entertainers) over £86 ; Manuwhiri (guests) £73 ; making a total of £160 in cash. In addition to this the Manuwhiri gave nine horses, valued at £4: per head. The Kongowhakaata have also promised from XI0 to .£20 in cash ; so that Henare was fully satisfied with the result of the meeting, the required sum having been made up. Besides my own private contribution, and with the full concurrence of the Assessors, I gave on behalf of the Waiapu district, a horse which had been received a few days previously on accoimt of a fine. This animal was classed with the rest at £i per head—quite his full market value. I was pleased to find that this contribution from the " Taha Kawana" (Government side) to the Whanau-a-rua, whose motto is "Neither King nor Queen, but God alone." was received in a very proper manner, and tended to promote a degree of good feeling that had not previously been manifested. Among the visitors was a party of some ten or twelve, principally Ngatiporou, who have been making a demonstration on behalf of the Waikato King party. These were headed by a young man named Hoera, of Pukemaire, in the Hundred of Waiapu, who, without the authority of his tribe, went to Waikato last year, and recently returned, bringing with him a king flag, which is said to be twenty-four feet long and proportionately wide.
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Te Houkamaio, the Chief of the Kawakawa Hundred, was not at home when they passed through Wharekahika, or he would certainly have sent them back ; and upon their venturing to hoist it at Omaruhou, he sent them a message which convinced them that it would not be prudent to fly it in his territories. They met with no better success in Waiapu, though a few worthless scapegraces, outlaws from society and Church membership, rallied round the standard. When marching into Tokomaru, where the people are supposed to be disaffected, they attempted to test the feelings of the Whanau-a-Rua in a manner which, while it suited their purpose, proved that they had little hope of success. They printed the stars and crosses which adorn the original upon a soiled calico sheet which was then elevated upon a huata (Maori lance) and so carried with little cei'emony into Tuatini. A day or two after, the subject of the king and flag was introduced by Hoera. This gave rise to many excited and vehement speeches, the result of which may best be judged from the fact that an hour or two after the meeting had been dispersed by a heavy fall of rain, I saw the deputy flag wrapped round the person of a young Maori boy, whose sole garment it had originally been, its stars and crosses trailing in the mud. I am told that the flag was flying at Maraetai, about two miles from Rangitukia, on Sunday last, but I fancy it was only a display of bravado, s,s the people generally have little or no sympathy with the Waikato party, and even talk seriously of setting up a rival king in the person of Henare Potae, who, as the direct lineal descendant of Hine-matiora, and the representative of the late Kaniatakirau, is of the best blood in New Zealand. By so doing they do not appear to be acting so much from a feeling of hostility to the English Government —indeed, this seems to be hardly thought of—as in indignation at the whakahihi (insolence or presumption) of Matutaera in assuming greater powers and rank than " Nga Mokopuna o Hinematiora raua ko Te Rangimatemoana" (the grandchildren of Hinematiora and Te Rangimatemoana). It is of great importance that Henare's influence should be availed of by the Government, and I think that a small annual sum necessary for this purpose would be judiciously expended. He is a young man of very good disposition, average ability, and anxious to improve his condition. In the event of the district of Tokomaru being placed under the management of a separate Magistrate from that of Waiapu, I strongly recommend that Henare should receive the appointment of chief Assessor, with a salary of £50 per annum, in the same way as Te Mokena Kohere, of the Waiapu district. This appointment would give general satisfaction, and secure the services of a useful, deserving, and influential man. If this cannot be done, he might be appointed Postmaster at Tokomaru, as the mail which is really necessary between this place and Turanga would have to pass his residence, and ought to change there. At all events the recognition of Henare's position by the Government would tend more than anything else to secure the co-operation of Maori chieftainship with British law, without which the latter is comparatively impotent and ineffective. I have, &c, William B. Baker, Resident Magistrate, The Honorable the Attorney-General. District of Tokomaru.
No. 12. RESIDENT MAGISTEATE, EAST CAPE, TO THE HONORABLE THE ATTORNEY-GENERAL. Resident Magistrate's Office, Rangitukia, 5th June, 1862. Sib, — In compliance with the instructions conveyed to me in your Circular of January 9th, I have the honor to forward herewith a List of Persons fit to serve upon a Jury, and which, for the reasons stated in my letter of 6th May, No. 48, could not be furnished sooner. I am unable to supply names for the District of Tokomaru, in only one Hundred of which (Uawa) it would at present be possible to form a Jury List. The same may be said of the Hundred of Te Kaha, where neither the Rev. Rota Waitoa nor myself could select or recommend persons for the office of Juror. The greatest care has been taken in forming the enclosed List, all the names having been submitted for the opinion of the Revs. Raniera Kawhia and Rota Waitoa. I have, &c, William B. Baker, Resident Magistrate. The Honorable the Attorney-General.
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No. 13. RESIDENT MAGISTRATE, EAST CAPE, TO THE HONORABLE THE ATTORNEY-GENERAL. Resident Magistrate's Office, Eaugitukia, 9th June, 1862. Sir,— I have the honor to address you on a subject which causes me a considerable degree of perplexity, and which, it appears to me, should be set right as soon as possible. I refer to the numerous adultery cases which are bi'ought before me. It may not be out of place to state that as yet these have been settled by a sort of out-of-court adjudication. So soon as a case of adultery occurs or is suspected (the loose habits of the Maoris affording ample opportunity for both), the culprits, witnesses, and friends of the parties are led instantly to the nearest Office-bearer, who, after listening to the statements, usually requires them to appear before the Magistrate forthwith, no matter what the hour may be. Indeed, when travelling, I have been more than once roused from sleep to hear cases of the kind. On such occasions the Maoris will not wait the tardy process of the law—habit and inclination alike prompt them to demand and expect satisfaction. To put them off for time sufficient to take an information for the necessary process of a Summons, <fec, would be to drive them to the Runanga Lynch-law, which it is my chief aim to avoid, as being productive of contempt for the law, or to seek redress by means of a taua, a still more objectionable mode of procedure. According to English law, adultery is " a civil inj ury and a grievous wrong ; the law gives satisfaction to the husband by an action against the adulterer." The principle of the old Maori Ture was pretty much the same.; the friends of the husband made a taua upon the adulterer's party, and thus obtained satisfaction. Again, in the rules prepared for the Natives by Sir W. Martin, late Chief-Justice, we find page 4 (I quote from the Maori), " The fine was formerly given to the husband of the woman. In later times it was seen that this was a bad plan, for it is not right that the error of the woman should become a source of wealth to her husband. Wherefore that rule was set aside and a different one is in use now." There is then a manifest discrepancy between two books published and circulated under the authority of the Government, upon a point which is more frequently brought up in Native Districts than any other. One makes adultery a civil matter, the amount of compensation varying with the circumstances ; the other places it on the list of Criminal offences, and fixes the fine at not exceeding Twenty pounds for unmarried women (not distinguishing between single girls and women married according to Maori custom), and not exceeding Thirty pounds for married women. At the Kohimarama Conference (I speak from memory, not having a copy of the printed report with me), this amendment was freely discussed, and generally objected to by the Chiefs present, who maintained that the injured husband required an utu to lighten his heart. They could not see why an offence " between man and man should not be atoned for by money." Then the rules say the fine shall be paid to the Queen and to the Runanga. This acknowledgement of the Runanga's claim to a portion of the fine has been productive of much evil. If the Runanga were a corporate body, an institution of local or self-government, it might be wise to make this provision, but it is not so. The Runanga, in the common acceptation of the term, is a community, consisting of any number of persons exceeding one family. Thus, within a few hundred yards of my present residence, there is a collection of some three or four huts, the inhabitants of which style themselves " Te Runanga o Pahairomiromi ;" the latter being the name of the village. These, and many other similar Runangas, assume all the powers and privileges of the largest Runanga (as at present constituted), and claim to be independent, in such cases as the one under consideration, of any control by the general Runauga, if such a term may be applied to the voice of the mass of the people. Another point too requires consideration. The Maori women are so notoriously inconstant that they are looked upon as the chief offenders in the majority of cases, and my experience, which has been pretty extensive, proves that in holding this opinion the Maoris are not far from the truth. It is proposed to put a check upon this by punishing the women as well as the men, as the former sinning with impunity, and having few scruples in a moral point of view, act the part of the tempter, reversing the ordinary received English view of such matters, and seduce instead of being seduced. Upon my arrival in this district, I found the practice to prevail of punishing the women, by causing them to weave floor mats for the Churches, whare Minita, whare Runanga, &c. In this the Maori Kaiwhakawa acted on the principle that— " Satan finds some mischief still, . For idle hands to do." and I have been obliged, in some instances, to make use of what was in reality the law of the place, settling these matters a-la-Maori, and out of Court. Acting on the rule laid down by Sir William Martin, the adulterer has been fined by the Runanga, generally in a very capricious manner ; sometimes horses, to the number of two, three, and four ; sometimes six cows, and occasionally sheep, pigs, or, in fact, anything. It often happens that a man who has been fined by the Runanga three or four horses, gets off by paying a couple of
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old Tower muskets (perfectly useless), an equally ancient tomahawk, and an iron pot. The Runanga is per force compelled to be satisfied ; the man says he won't or can't pay any more, and his friends say he shan't. The Runanga names four horses ; he gives four articles—four and four are equal numbers, and so the matter drops. From what I have said, I think it will be seen then that this is a matter requiring speedy adjustment. At present they will bring the cases before the Magistrates ; but, if discouraged, will as certainly revive the old Maori tikamgm —a very hot-bed of evil. If the offender be fined, he will pay a horse, a cow or so, placing his own value on the animal; for money is a scai'ce article. This is unsatisfactory ; because, if I want to buy a horse, a Maori asks me £20, while the real market value is below £5. I think, at least, the Magistrate should be satisfied that there is some fair equivalent for the amount sterling of the sum demanded by the law, if the offence is to be made punishable by fine. I have, &c, William B. Baker, Resident Magistrate. The Honorable the Attorney-General.
No. 14. RESIDENT MAGISTRATE, EAST CAPE, TO THE HONORABLE THE NATIVE MINISTER. Resident Magistrate's Office, Rangitukia, 1st August, 1862. Sir,— I have the honor to request that I may be authorised to procure a whaleboat, with oars and fittings, for the use of this District. At present, I am frequently inconvenienced, for want of a boat to ship and land mails, or to communicate with vessels which touch off this place. The Natives have none nearer than Te Awanui, five miles distant, and lately some of the evil-disposed among them have prohibited the use of Native boats there, nor will they allow goods to be landed for me by the Europeans, unless I will consent to pay them a high price for the right of landing. This, of course, I have firmly refused to do, as it would form an inconvenient precedent for further extortion. This latter question is quite apart from the desirability of easy and certain communication with vessels in this open roadstead, where they rarely venture to send a boat ashore. The season, too, is rapidly approaching when whalers call for supplies (one is lying off and on this morning); and it will be in the recollection of the Government that an American whaler landed powder near the Cape a few months ago. I would recommend, therefore, that I may be authorised to expend any sum not exceeding (£30) Thirty Pounds for this purpose. I have, <fec, William B. Baker, Resident Magistrate. The Honorable the Minister for Native Affairs.
SECTION IX.—BAY OF PLENTY. No. 1. JAMES FULLOON TO THE CHIEF COMMISSIONER. Whakatane, February 13th, 18G2. Sir,— Owing to unavoidable delays in the settlement of the business that I am engaged in, I have not been able to return, so as to be at the Office at the expiration of my leave of absence, but hope His Excellency's Government will be pleased to grant me an extension of leave. I cannot report so favorably as to the present state of the Native feeling from this place to Te Kaha and inland as when I was here last; owing in a great measure to the active correspondence that William Thompson has been keeping with the Natives of this Coast, all tending to keep up a state of excitement and prejudice against the Government, and to cause them to look upon the actions
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of the Government with suspicion ; quoting in illustration, old traditions where the powerful overcome the weak either by stratagem or brute force. Since I have been down here three letters have been received from William Thompson. The first, stating that the Governor met the Waikato people and had requested them to surrender the Flag and King, to which they would not consent. The Governor therefore was going to declare war. The second stated that the Troops were engaged in road making to Waikato; —should the troops remain on Government territory all would be well, but should they overstep the boundary then there would be trouble. The third, which was received here on 8th instant, reports that the troops had crossed the boundary, and were now at Maramarua, that Thompson was going to make another protest, and should it not be heeded, he would make a forcible obstruction to the troops, which would lead to an eruption. Calling upon all friends to hasten the preparations, this people tried to send a deputation to Waikato, and on to Auckland, but have failed, as they are all engaged in getting in the crops—but I understand that one proceeds from Tauranga. This is the kind of correspondence that has been kept up with the people of this coast, it can be seen for what purpose. There is a meeting called at Ahuriri, for 24th instant, for the purpose of crying over Te Moananui, another at Pakoriri, in this Bay, for the purpose of settling a long standing boundary dispute ; it is to be held at the latter end of next month, and another also is called at Tauranga for next Christmas; invitations are sent to all the tribes in New Zealand. All these meetings are more of the political kind, and for the purpose of combining their sentiments and views, which, in the event of hostilities breaking out, they would have a perfect programme to follow. The Whakatohea, at Opotiki, are not in such an excitable state as they were a few months ago. They are now on the verge of a civil war respecting a boundary between two of their hapus—the Ngaitama and Ngatipatu. They are very much annoyed at the restriction the Government has placed on the exportation of spirits to their Coast, but eventually I have no doubt they will see and reap the benefit of the Act. This people, the Ngatiawa, are very much annoyed by Mr. T. H. Smith not meeting them, according to engagement, for they had made great preparations in the way of provisions; and the meeting would have been fully attended, and there was a very favourable feeling amongst them. They approved of the policy of His Excellency as printed in the circular, and would have assisted it. The opportunity has now passed for the favorable consideration of the new policy for the present. They would not now meet Mr. Smith if they were paid for it, as their pride has been offended. I shall start for Auckland overland on or about the 17th instant. I have, (fee, James Fulloon. The Chief Commissioner, Land Purchase Department, Auckland.
No. 2. JAMES FULLOON TO THE ACTING NATIVE SECRETARY. Auckland, March 28th, 1862. Sir,— In my report of the 13th February last, I stated that the Ngaiterangi were going to send a deputation to Waikato, and to His Excellency, to look into the matter mentioned by William Thompson in his letter to the Natives of the Bay of Plenty, viz. : —" That the troops were at Maramarua, and requesting assistance." While the Ngaiterangi were organizing the deputation, they sent a letter to Thompson, informing him that they were coming to enquire into the matter, and then they would proceed to Auckland to see His Excellency ; and to hear his version of the subject. Thompson wrote back directly, saying that he did not require them to investigate his side of the question, but that they had better proceed to Auckland, and enquire into the tahapalceke (European side)." Upon the receipt of this communication from Thompson, they came to the conclusion that Thompson was in the wrong, as he would not have his side of the question enquired into. The Waikato cause, at Tauranga, has been greatly weakened by the line of conduct pursued by Thompson with reference to this affair, and has been the cause of their accepting-more readily the new policy of Sir George Grey. I have, &c, James Fuxloon, Clerk Land Purchase Department. The Acting Native Secretary, Auckland.
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No. 3. BESIDENT MAGISTRATE, TAUEANGA, TO THE HONORABLE THE NATIVE MINISTER. Auckland, June 9th, 1862. Sir,— I have the honor to transmit for the information of the Government, a letter I this dayreceived from one of the Tauranga Assessors giving an account of a meeting held at Otumaitai, on the 29th May last. I have, <fec, H. T. Claeke, Resident Magistrate, Bay of Plenty. The Honorable the Native Minister.
Enclosure to No. 4. Otumaitai, May 29th, 1862. Friend Me. Heney Ciarke, — Salutations to you. This is an account of a meeting held by the men of Tauranga in May. On Tuesday, the 20th, Henare commenced telling what the Governor had said to him. He said : These are the words of the Governor,—" Friend, admit my laws into your Eunanga." I replied, the matter does not rest with me but with the people. If the people consent, I shall; if the people are averse to your laws, I shall not accept them. He said, " Let the Eunanga attend to it." The Eunanga then worked until daylight, and the Eunangas met together to show what they had done. Questions were put to the Euuangas of the Matapihi, and every Eunanga as far as Heria. They said, " Tiio result of our deliberations is, we will not accept the laws of the Queen, only the right of Tauranga." The second thing is, that the papers can only be sent to Auckland to be printed there. When they had concluded, Henara said, " Well and good, but do your work quickly, as I am going to Auckland, and write an account to the Governor of your proceedings, and say, " We will not accept your laws, O Governor." At this, I stood up in the (unoccupied) space, and said, " Look at me, all you people. You say that the men of Tauranga will not accept the Governor's laws ; I shall now deny your statements. Here am I, and I approve of the Governor's laws. You say that you will do away with the Governor's laws in Tauranga; what I say is this, you cannot do away with them, not even a small portion." I said a great deal to them. Friend, the people do greatly desire these laws now. Soon I shall write to inform you of their names. I think that when you come, the thoughts will be known. Friend, a letter from Wiremu Tamihana was read at that meeting, in which your name was mentioned. He said that Mr. Clarke was to administer the law for the whole of us. This was his word in that paper. The paper was addressed to Te Tirirakau. Friend, I have written Wiremu Tamihana at the request of the Eunanga of Tirirakau, they told me to write a letter to Wiremu. This is all I have to say. From your friend Eeueba Maihi.
No. 4. REPORT FROM THE CIVIL COMMISSIONER ON THE APPOINTMENT OF ASSESSORS, ETC. Civil Commissioner's Office, Maketu, Bay of Plenty, June 14th, 1862. Sib,— Adverting to your letter of the 3rd March, by which I am authorised to complete the organisation of this district in the manner proposed in my report of the 25th January, I have the honor to state that the necessary Native officers have been nominated for the various localities, excepting only the settlements on the Whakatane river. The number of these officers mentioned in your letter under reference as that proposed by me and for which provision for the payment of salaries from the 1st of January, has been made by the Government, falls short of what I find to be necessary under the head of Kareres. If the number twenty-nine was given in any estimate furnished by me, the error has probably been a clerical one, thirty-nine being intended. In all recent arrangements, I have sought to economise to the utmost, in order, if possible, to restrict the expenditure for pay of Native officers within the limits of the provision made, and have so far succeeded that the excess will amount to (£10) ten pounds only for the present year, allowing twelve months to pay for the necessary officers at Whakatane, not yet nominated. The following figures show where present arrangements differ from the estimate upon which the appropriation for salaries has been made :— ESTIMATED. REQUIRED. 24 Assessors at £30 £720 23 Assessors at £30 £690 16 Wardens at £20 320 14 Wardens at £20 280 29 Kareres at £10 290 37 Kareres at £10 370 £1,330 £1,340
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With my reports, dated respectively the 25th January, 8th April, and 28th May, I have forwarded lists of persons nominated as Assessors, Wardens, and .Kareres, for the various settlements in this district. I enclose herewith a summary of the whole, showing present arrangements, which include some alterations found necessary, and which I beg to submit for the approval of His Excellency's Government. I would here take the liberty of suggesting that a notice of the appointments of Assessors and Wardens should be published in the Government " Gazette " and " Maori Messenger." With respect to the Kareres, I do not think this necessary, especially as it has been proposed to me that the Karere's office should not be made a permanent one, but that it should be held for a period of six or twelve months only, at the expiration of which, fresh men should be appointed, so that all the young men mny in turn take part in the work of administering the law and preserving order. This question is now being considered by the various Eunangas in the district. I would also further suggest that some public notification recognising the various local Eunangas as duly constituted, and giving the names of the members, should appear in the " Maori Messenger " at least. I have, &c, Thomas H. Smith, Civil Commissioner. The Honorable the Minister for Native Affairs, Auckland.
No. 5. THE CIVIL COMMISSIONER, BAY OF PLENTY, TO THE HONOEABLE THE NATIVE MINISTER. Civil Commissioner's Office, Maketu, June 17th, 1862. Sie,— I have the honor to transmit herewith, for the information of His Excellency's Government, a letter received by me from a section of the Urewera Tribe, recently visited by Mr. Hunter Brown on behalf of the Government, requesting me to visit them. I have replied to this letter, informing the writers that, as they reside beyond the limits of the district assigned to me, I have no authority to communicate with them in an official capacity; but that I should forward their letter to the Government, who, I did not doubt, would take steps to meet their wishes, with respect to the introduction of the Governor's system of Native Government. I have, <fec, Thos. H. Smith, Civil Commissioner. The Honorable the Native Minister, Auckland.
Enclosure to No. 5. Aoruataki, June 8th, 1862. To Maketu, to Mb. Smith, —■ Friend, this is our word to you:—We are living upon your regulations. Now, this is our request to you, to come and see us —namely, to bring your and the Governor's works for us to see. But we are searching for the principles of your work. But now, do not be deaf to our word. It ends. From Tb Tawheko, " Hoani, " Paoka Matenga, " Abamati Wi. To Mr. T. H. Smith, At Maketu.
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No. 1. ASSISTANT NATIVE SECRETARY, TARANAKI, TO THE HONORABLE THE NATIVE MINISTER. New Plymouth, 6th January, 1862. Sir,— I have the honor to forward herewith copy of a letter written by a Native living at Warea, in the Taranaki district, and addressed to a friendly Native living at Moturoa, and to report for the information of His Excellency's Government that I have made an enquiry as to the cause of this extraordinary document, and have obtained the following information in reference thereto :— The Warea Natives are said to have received a letter from a Waikato Native named Tapihana, who lives at Kangitikei, instructing them to hold themselves ready for an emergency; that in the event of His Excellency the Governor continuing to refuse to sanction the Maori King, they had determined to make a sudden attack upon the Europeans. A day was to be fixed, and a simultaneous attack to be made ; but whether on any other place but this, has not been explained. I have not seen Tapihana's letter, and therefore cannot vouch for the truth of this report, which was delivered to me orally. The writer of the letter, herewith enclosed, is related to the Moturoa Natives, who, together with all the friendly Natives, attach great importance to the letter ; so much so, that they are talking of renewing their pas, and strengthening their positions. I am doing all I can to allay any unnecessary alarm, knowing Tapihana to be a complete maniac and fanatic in the Maori King Movement, but of very limited influence in Waikato. I have reported to Colonel Warre, C.B., who has issued instructions to the different Military Posts consequent therefrom. As it is uncertain when a Mail will go by sea, I send this overland. I have, &c, Robert Parris, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
Enclosure to No. 1. December 31st, 1861. Fbiend Hoeea, — Salutations to you all. Hearken you, our elder brothers ; our old women, and our sisters. Hearken to my word. Lean to one side for the day of " mate " (death or tribulation) is nigh unto all the world. I have a word to say to you that you may escape from that " mate." It will be very bad—worse than any that has been seen in the world. That "mate " is the sword. You had better all beware of that day ; assemble all at one place on that day. Publish this letter ; take care of it; let it not be lost. From Ihaia Na Taeo Obanga Tangata.
No. 2. THE HONORABLE THE NATIVE MINISTER TO THE ASSISTANT NATIVE SECRETARY, TARANAKI. Native Secretary's Office, Auckland, January 18, 1862. Sir,— I am directed by the Minister for Native Affairs to acknowledge the receipt of your communication of the 6th instant, concerning the copy of a letter written by a native named Ihaia, living at Wairea, and to convey to you the thanks of the Government for having taken the steps as reported in your letter. I have, &e., H. Halse, Acting Native Secretary. The Assistant Native Secretary, Taranaki.
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No. 3. ASSISTAKT NATIVE BECEETAEY, TARANAKI, TO THE HONORABLE THE NATIVE MINISTER. New Plymouth, 12th February, 1862. SlK,— With reference to my letter, dated January 6th, transmitting copy of a letter written by Ihaia, of Warea, to his relatives at Moturoa, I have now the honor to enclose herewith copy of a letter which I have received from the Chief Matiu Kahukoti, of Kawhia, explaining that part of my letter which refers to Tapihana, of Kangatiki. I have, <fec., BoBERT PARRIS, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
Enclosure to No. 3. Ahuahu, Kawhia, 27th January, 1862. Fbiend Me. Paeeis, — Salutations. I have asked Tapihana about his speech that you told me of, and he says it is true that he made that speech, but not lately ; it was some time ago, when Governor Browne was here, and had not left, at the time we heard that Governor Grey was coming on to New Zealand. At that time Tapihana made use of that speech, but we have no such intentions now; we are remaining quiet. Do not pay any attention to the letter from Taranaki, which refers to the communication of Tapihana to Taranaki, which I have enquired into. Friend, Mr. Parris, don't you and the Europeans be apprehensive, for there is nothing intended from below (Waikato). If I hear any news, I will write to you and let you know. From your loving friend, Matiu Te Eahitkoti. To Mr. Parris.
No. 4. NATIVE MINISTER TO ASSISTANT NATIVE SECRETARY, TARANAKI. Native Secretary's Office, Auckland, February 1st, 1862. Sir, — I am directed by the Minister for Native Affairs, to inform you that your letter of the 20th December, on the subject of the lease and mortgage, Eaniera to Hulke, has been considered by His Excellency's Government. They remain of opinion that the circumstances of that case do not call for special interposition on the part of the Government. It is undoubtedly much to be regretted that any such transaction should have been entered into, as the mortgage, which is now shewn to have been duly registered and to bear interest at 20 per cent. But if Raniera chose to sign such a document, notwithstanding his knowledge of a " custom " which you state to have existed that written agreements between Natives and Europeans should be executed in the presence of an officer of the Native Department, the only thing that can be said is that he ought to have known better, and that the refusal of Mr. Hulke which you refer to should have made him more guarded. With regard nevertheless to Eaniera's request that you should use your good offices in his behalf to get the matter settled for him, the Government certainly wish that you should do so. They have no power to annul a mortgage, or to prevent such steps being taken as the law allows, for the recovery of the principal and interest in case the present mortgage is really valid. But there may be reason to doubt whether it has legal force, and should your efforts to settle the matter amicably for Raniera be unattended with success, and the case go before the Court, you are authorised to retain legal advice for the Native, and do all you can to guard his interests in case it should appear that the mortgage is invalid in law, or may be set aside for deception. I have, &c, H. Halse, : ■ Acting Native Secretary. Robert Parris, Esq., Assistant Native Secretary, TaranakL
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No. 5. ASSISTANT NATIVE SECRETARY, TAKANAKI TO THE HONORABLE THE NATIVE MINISTER. New Plymouth, March 10th, 1862. Sir,— With reference to your letter of the 1st February last, conveying to me instructions to assist Eaniera Ngaere, in settling an account of his with Mr. Hulke, I have the honor to report that I have succeeded in bringing to a close the whole transaction, both for the lease and mortgage. In consequence of the irregular and complicated nature of the accounts, I had some difficulty in bringing them to an understanding. Eaniera manifested considerable displeasure towards Mr. Hulke for having deceived him, but I informed Eaniera that the Government considered he was to blame for signing documents without knowing their full purport. It was proved by Mr. Hulke's own admission that Eaniera never asked Mr. Hulke for a loan of money, but that Mr. Hulke urged him to take it; consequently I made the following deductions in the account: —In the transaction for the mortgage, Eaniera was charged £1 2, expenses ; £5, procuration charge ; and £7, the cost of deeds, &c. The former sums I refused to allow, and 30s. of the latter, which reduced the expenses to £5 10s. Od. This and the sum of £88 which Eaniera acknowledged to have received makes the sum of £93 10s. Od. For this sum, I recommended Eaniera to pay interest, at the rate of £15 per cent, per annum (the rate of interest on good land security), instead of £20 per cent, per annum, as charged in the mortgage. The rent account was settled, by a balance in favour of Eaniera of £35 11s. 0d., up to March 9th, 18G2, after allowing interest on the before-mentioned sum, at the rate proposed. At the request of Eaniera, who was very anxious to be free of Mr. Hulke, I have borrowed for him the sum of £90, bearing interest at the rate of £10 per cent, per annum, secured by mortgage on his land, after paying off the previous mortgage to Mr. Hulke. The lease of the land to Mr. Hulke has been cancelled, and a new lease for the hundred acres granted to Messrs. Dorset and Tait, at a rental of £75 a year. I trust this arrangement will meet the approval of His Excellency's Government. I have, &c, Eobert Parris, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
No. 6. THE HONORABLE THE ATTORNEY-GENERAL TO RESIDENT MAGISTRATE, TARANAKI. Attorney-General's Office, Auckland, 7th February, 18G2. Sib,— The newspapers of Taranaki report that Hapurona was recently imprisoned at New Plymouth (under what circumstances I do not clearly gather) and that he was liberated by the authorities. Presuming that you are acquainted with the facts of the case, I am instructed by the Honorable the Attorney-General to request that you will have the goodness to report to him on what warrant the prisoner was confined, and under what authority he was released from confinement. I have, <fec, Francis D. Fenton, Assistant Law Officer. The Eesident Magistrate, Taranaki.
No. 7. RESIDENT MAGISTRATE, TAHANAKI, TO THE HONORABLE THE ATTORNEY-GENERAL. Eesident Magistrate's Office, New Plymouth, 11th February, 1862. Sir,— In answer to Mr. Fenton's enquiry respecting the newspaper report of Hapurona's imprisonment and liberation, I have the honor to state that Mr. Parris, the Assistant Native Secretary, informed me the evening of Saturday, the 25th January, that Hapurona was placed in Jail by the Sergeant of Police for violent and disturbing conduct, and requested me to permit him to go at large till the following Monday morning, on his promise then to appear to answer any charge that might be preferred
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against him. This course I agreed with Mr. Parris in pursuing, and directed him to be released on such a promise being made. Mr. Parris informs me that on the 28th January he, as Assistant Native Secretary, reported the circumstance to the head of his Department. I have, <fec, Josiah Flight, Resident Magistrate. The Honorable the Attorney-General, Auckland.
No. 8. THE HONORABLE THE ATTORNEY-GENERAL TO THE RESIDENT MAGISTRATE, TARANAKI. Attorney-General's Office, Auckland, February 24th, 1862. Sir, I have the honor to acknowledge the receipt of your Letter of the 11th instant, explaining to some extent the mode in which Hapurona was released from prison because Mr. Parris wished it, and I am directed by the Attorney-General to request that you will state more in detail the particulars of the offence with which Hapurona was charged, and explain the means which you adopted to procure his discharge from prison, (apparently) contrary to law and without recognisances. I have, &c, Francis D. Fenton, Assistant Law Officer. The Resident Magistrate, Taranaki.
No. 9. RESIDENT MAGISTRATE, TARANAKI, TO THE HONORABLE THE ATTORNEY-GENERAL. Resident Magistrate's Office, New Plymouth, 4th March, 1862. Sir, — I have the honor to acknowledge the receipt of a Letter from your Office, in which Mr. Feuton states that he is directed by you to request that I will state more in detail the particulars of the offence with which Hapurona was charged, and explain the means which I had adopted to procure his discharge. On the evening of Saturday, the 25th January last, the son of Hapurona came to my house saying that Mr. Parris was confined to his room from an accident he met with on his journey to Mokau) wished to see me. On going to that gentleman he informed me that Hapurona had been just then put into jail as a place of security, he having gesticulated and spoken in a violent way so as to bring a crowd about him. Mr. Parris informed me further, that Hapurona's son had got into a dispute with one of the officers of the troops stationed here, and had received a blow which had exasperated the father. Mr. Parris, who is a Magistrate, conferred with me on the advisability of allowing Hapurona to go at large on his promising to appear on the following Monday morning to answer any charge that might be brought against him, or to prefer any charge he might desire to make against any one. On arriving at the Court House I had Hapurona brought before me, when Mr. Wellington Carrington, the Native Officer, delivered to me a message from the Officer commanding the troops in this place, to the effect that as one of his officers had been concerned in the affair, he should take upon himself to enquire into the matter. Hapurona appeared, when brought before me, excited—partly from liquor, and partly from passion. No other charge than that referred to was laid against him, and on his promising to appear on the following Monday, I permitted him to go at large, taking Mr. Carrington's bail for his appearance. On Sunday I received from his Honor the Superintendent a Letter, of which I now furnish a Copy. • I have, <fec, Josiah Flight, Resident Magistrate. The Honorable the Attorney-General. Auckland.
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Enclosure 1 to No. 9. Superintendent's Office, New Plymouth, 26th January, 1862. Sir,— I have the honor to transmit for your information and guidance the enclosed Copy of a Letter I have just received from the Officer commanding Her Majesty's Troops in this Province, removing the case of the Native Chief Hapurona from the Civil Jurisdiction. I have, &c, Chables Bbown, Superintendent. J. Flight, Esq., Eesident Magistrate.
Enclosure 2 to No. 9. New Plymouth, January 26th, 1862. Sib, — It having been reported to me that one of the Native Chiefs (Hapurona) was taken into custody by the Civil power yesterday, and has been bailed out of Jail to appear on Monday (to-morrow) to answer the charge against him. I have the honor to request that you will take such steps as you may deem expedient to stop the proceedings in the Civil Court, and to hand the case over to me, the Officer in Command in this Province under Martial Law. I regret to be obliged to interfere with the administration of Justice in the Civil Court, and I am extremely loth to exercise the authority vested in me as the Senior Military Officer; but I deem it very unadvisable at the present moment to adjudicate in the Civil Court upon a Native accused of violence, &c., more particularly as I regret to find that this violence was originally provoked by some of the members of this garrison. I have, &c, H. J. Wabbe, Commanding Troops in Taranaki. His Honor the Superintendent.
No. 10. ASSISTANT NATIVE SECRETARY, TARANAKI, TO THE HONOEABLE THE NATIVE MINISTER. New Plymouth, February 27th, 1862. Sik,— I have the honor to forward herewith copies of correspondence, in reference to the affair of Hapurona and his son. I have, &c, Robert Parris, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
Enclosure 1 to No. 10. New Plymouth, 17th February, 1862. Hapurona,— A Military Court of Enquiry is sitting to investigate the circumstances of a disturbance which occurred recently at New Plymouth, in which you were concerned, and your son said to have been struck by an Officer of the 57th ltegiment. The Court will be glad to receive any statement you have to offer, either in person or in writing. Thomas Nelson, Major, 40th Kegiment, President of Court.
Enclosure 2 to No. 10. New Plymouth, 17th February, 1862. HOEOPAPEEA, — A Military Court of Enquiry is sitting to investigate the circumstances of a disturbance which occurred recently at New Plymouth, in which the Chief Hapurona, your father, was concerned, and you
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yourself said to have been struck by an Officer of the 57th Regiment. The Court will be glad to receive any statement you have to offer, either in person or in writing. Thomas Nelson, Major, 40th Regiment, President of Court.
Enclosure 3 to No. 10. February 18th, 1862. To THE MaJOE, — Salutations to you! I have seen your letter. You listen to my word There was no cause for my son being beaten by the Officer of the soldiers. My love arose for my child. Mary was the cause of it (of the disturbance). That woman said to me " Hapurona, tell Charley that Hamcri has left." That woman was angry, and said "I will tell Mr. Parris." I said "What will Mr. Parris do to me?" Friend, the Major, there was no cause for my being put into gaol by the Europeans. Had there been, it would have been right to do so : as it was, it was very unjust to seize me. From your loving friend, Haptjbona Pukerimu,
Enclosure 4 to No. 10. Bumete, 18th February, 1862. To the Major,— Your letter has arrived, I have seen it. You listen to my word. There was no cause for my being beaten. My father saw me being beaten, aud was much vexed. From Hoeopapeea Hapukona.
Enclosure 5 to No. 10. February 18th, 1862. Fbiend Me. Paeeis, — Salutations to you and the Colonel! I came back from Taranaki (Mokau). Ngatawa Takerei, Tikaokao, and Kaharoa sent me back. They said that Wiremu King was enough to be at Waikato. That I should return to direct and counsel Te Atiawa, and not two of us be there (Waikato). I consented, Mr. Parris, to their word, and came back. Mr. Parris, this is my word to you and the Colonel:—The Councils have appointed me at the head of affairs for the benefit of Maoris and Europeans, and for all people who are confused. Mr. Parris, this is my word to you and the Colonel: —I have heard that you two are very angry with me; I have heard of the word of you two in reference to myself. Very good, Mr. Parris. t This is the residue of the party that saved their lives by running away from the fortress. From your loving friend, Hapxtbona Pukeeimu. t The last sentence is a Native proverb. Hapurona insinuates, by using it, that he and his son saved their lives by getting away. K. Parkis, Assistant Native Secretary.
Enclosure 6 to No. 10.
19th February, 1862.
Hobopapeba Hapubona,— Your letter of 18th February, 1862, has been received. You have not stated where you were going to fetch your cap from—into whose house or quarters; nor by whom you were beaten, and in what way beaten. The Court wish to know all this, and also for you to state all the circumstances which took place in New Plymouth, on the 25th July, 1862. Thomas Nelson, Major, 40th Regiment, President of Court.
No. 11. ASSISTANT NATIVE SECRETARY, TARANAKI, TO THE ACTING NATIVE SECRETARY. New Plymouth, February 20th, 1862. Sir,— I have the honor to report for the information of His Excellency's Government that a quantity of Church prayer books (Rawiri's) which were sent by Bishop Selwyn for distribution among the Taranaki and Ngatiruanui Natives, have been all sent back from Moutote, the place where his Lordship was stopped when on his way to the South, in November last. I have, «tc, Robert Parris, Assistant Native Secretary. The Acting Native Secretary, Auckland.
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No. 12.
ASSISTANT NATIVE SECRETARY, TARANAKI, TO THE HONORABLE THE NATIVE MINISTER. New Plymouth, February 28th, 1862. Sir,— 1 have the honor to bring under the notice of His Excellency's Government an article which appeared in the " Taranaki Herald" of the 22nd instant, respecting a native named William Tamehana being in Town, and to report that the said article has led to an enquiry from Colonel Warre, C.B., as to whether any special instructions from the Government, with respect to natives who have been in arms against the Governmeut, and have not subscribed to any terms for peace, coming into Town. The article in question is unfair and untrue, inasmuch as it represents Tamehana being in Town repudiating the Restoration of Property taken from the settlers, whereas, Tamehana (whose attention I called to the article before he left Town), assured me that he merely stated, that that was the opinion of tliose holding the property but not his own opinion, as a proof of which, Tamehana was the cause of the Mataitawa Natives surrendering the Property of the settlers which they had. The cause of Tamehana being in Town that day, was that an application had been made by some Bell Block settlers to purchase some timber of him, and he came to see me on the subject, to ask if it would be right; I told him I thought it would be better to defer it until His Excellency the Governor had visited this place. If it is the wish of the Government that the Natives as before referred to, should not come into Town, I beg respectfully to be furnished with instructions thereupon, at the earliest opportunity, for the question causes me great anxiety of mind lest anything should occur. I have, &c, Robert Parris, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
Enclosure to No. 12. EXTRACT FROM ARTICLE IN " TARANAKI HERALD." " Tamihana, who shot and tomahawked J. Hawken, is in town to-day, from Mataitawa, and has just informed us that, as Governor Browne, who caused all the mischief, hag gone away, no restoration of plunder, or restitution for damages will be required. All that is necessary, in his opinion, is that the roads should be opened for the Mails, and peace will be concluded. This is the impression which the tone of the present Government has produced on the minds of the rebels. We trust and believe that the view expressed in our leading article is the more correct one."
No. 13. THE HONORABLE THE NATIVE MINISTER TO ASSISTANT NATIVE SECRETARY, TARANAKI. Native Secretary's Office, Auckland, March 7th, 1862. Sik, — With reference to your letter of February 28th, in which you request to be informed as to the wishes of the Government with respect to Natives, who have been in arms against the Government, and have not subscribed to any terms of peace, coming into town; I am directed to inform you that the subject is receiving the consideration of His Excellency the Governor, and that such instructions will be issued to you as may be decided upon hereafter. I have, &c, H. Halse, Acting Native Secretary. R. Parris, Esq., Taranaki.
No. 14. ASSISTANT NATIVE SECRETARY, TARANAKI, TO THE HONORABLE THE NATIVE MINISTER. New Plymouth, March 18th, 1862. Sir — I have the honor to report, for the information of His Excellency's Government, that on Wednesday last, the 12th instant, the Chief Wiremu Kingi Matakatea, of Umuroa, Taranaki, came to
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town to see me, having two days previously written to me, copy of which letter I enclose. On his return home, as he was passing Tipoka, a place near Warea, he was stopped by the Natives of the district, when a Native, who was accompanying him, was pulled off his horse, and his clothing torn off his back ; they also seized a cart, and a pair of bullocks, which have not been given up. They appear to have passed on without further injury ; but whether the matter will end here I cannot say, as I have not yet received a letter from Wiremu Kingi Matakatea, in reference thereto. The cause of this behaviour towards them was in consequence of their having come to town on a friendly mission. I have, &c, EOBERT P ARRIS, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
Enclosure to No. 14. Poutoko, 10th March, 1862. Go thou my letter of greeting to my child; to Mr. Parris, salutations to you; great is my love for you in all the days and months. This love for you is a lasting love. Friend, salutations to you. I arrived at the Poutoko on the 8th instant. This is my loving word to you, lest you should say my love for you is nothing. My love for you is a lasting love —it will never end. This is all. From your loving Matua, William Kingi Matakatea.
No. 15. ASSISTANT NATIVE SECRETARY, TARANAKI, TO THE HONORABLE THE NATIVE MINISTER. New Plymouth, March 29th, 1862. Sir,— I have the honor to report for the information of His Excellency's Government, that by the last overland Mail, a letter was received by the Maitaitawa Natives from William King, advising them to be firm in their Councils, to uphold the authority of the Maori King, that His Excellency the Governor had left for Ahuriri and Wellington on his way to Taranaki. That if His Excellency commenced the Waitara question none but women were to address him. I obtained this information from William Tamihana, who also informed me that William King's advice was disapproved of. I have, &.c, Eobert Parris, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
No. 16. ASSISTANT NATIVE SECBETABY, TABANAKI, TO THE HONORABLE THE NATIVE MINISTER. New Plymouth, April 2nd, 1862. Sir, — I have the honor to transmit, for the information of His Excellency's Government, the enclosed copy and translation of a letter from Waikato, signed by Kewi Maniapoto and Wiremu Kingi Whiti, and addressed to Pirika and Nikorima, two Chiefs of the Ngatirahiri tribe, who live at Turangi, North of Waitara. I have, <fcc, Eobert Parris, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
Enclosure to No. 16. ♦ Huiterangi, 24th March, 1862. To PlEIKA AND NlKOEIMA, — Salutations to you and your child. This is our word to you two respecting the road of the Governor which is being made at Huatoki (New Plymouth) ; it is to be carried to Mokau.You go and talk to Mr. Parris and request that the road may be discontinued on his piece (meaning at the boundary of the
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land sold to Government) and not carry it on to the land which, has been stained with blood. Let that place be quiet, and not work there. The thoughts about Waitara also are not ended. The Europeans have commenced -work. You and your Europeans will say the evil is with the Maoris. Our thoughts are, that this year should bo for talking and soon afterwards a day to talk and repudiate fighting. The work of your European has commenced, forbear deceiving in this way, it will be a cause of evil, but let the works for evil be plainly spoken that it may be understood. Perika be strong in your request to Mr. Parris to stop it, that is all of that. Nikorima this is my word to you and your children, remain firm at Turangi, you have remained there well, be firm. Eewi Maniapoto, WlKEHU KlNGI WhITI.
No. 17. ASSISTANT NATIVE SECRETARY, TARANAKI, TO THE HONORABLE THE NATIVE MINISTER. New Plymouth, April 3rd, 1862. Sir,— I have the honor to forward herewith Copy and Translation of a Letter which I have received from a Warea Native, and to report that on the 29th ultimo, a Native, named Meiha, came to inform me that the Warea Natives had seized two horses which had got away from the Settlers, and had offered to give them up on payment of One pound (£1). I serit off Meiha at once to get the horses, and authorised him to pay One pound (£]); but on arriving at Warea, the Natives refused to give them up for less than Two pounds ten shillings (£2 10s.), which sum not having been paid, the horses were retained with a threat to impose a charge of Ten shillings (10s.) per diem, which if not paid, the horses to be sold to recover the amount. I have, &c, Robert Parris, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
Enclosure to No. 17. Motutapu, Taranaki, March 28th, 1862. Fbiend Me. Parris, — A word of mine to you. Look for the European who owns the horses which I have. If he likes to come for them, it is well; you know the custom of the law. The horses are on the farm of the King, Matutaera. From Tara, Administrator of the Laws of the Sovereignty of King Matutaera.
No. 18. ASSISTANT NATIVE SECEETABT, TABANAKI, TO THE HONOBABLE THE NATIVE MINISTEB. New Plymouth, April 16th, 18G2. Sir, — I have the honor to report for the information of His Excellency's Government, that on the 7th instant four of the principal Natives of the Kawau Pa, in the Town of New Plymouth, came to my Office to complain of an Excavation which has been commenced at that place for the purpose of opening Currie-street to the Beach, the continuation of which street passes through the centre of the Kawau Keserve, which was made for the Natives in 1844. The commencement of this work before the land has been acquired by the Government from the Native owners, appears to me rather injudicious, inasmuch as it is calculated to embitter the Native owners, and render them less practicable to negotiate with for the same. The peculiar arrangement under which the Natives were induced to leave the Kswau, render it most desirable that any appearance of an arbitrary acquirement of the place should be especially avoided. Before the troops went to "Waitara, in March, 1860, I was instructed by His Excellency the late Governor, to try to get the Natives to leave the Town Pa (Kawau) in order that the Town may be free of Natives by night, assuring them that at the termination of hostilities, the Kawau Pa should be restored to them in its entirety as when they left it ; and upon those promises they agreed to abandon the Kawau for the time specified, and were put to the trouble of building themselves a new Pa at Puketotara, about two miles from the Town.
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In April, 1861, the Government appointed the Resident Magistrate and two Northern Chiefs (Cain and Ahipene) to value the land at the Kawau, for the purpose, I presume, of endeavouring to purchase it; but the Native owners say they were never consulted, from the fact, I suppose, of the question not having been followed up. If it is the intention of the Government to close the matter by the above valuation, the sooner it is done the better. But there is one question which I feel it my duty to bring under the notice of the Government—namely, that this Section of the Ngamotu Tribe, by surrounding the Kawau, will be deprived of all their sea frontage, and the landing-place for their Canoes for fiishing—a deprivation which will be severely felt by them. This could be met, if the Government thought proper, by alloting them a small place next the Beach, near the mouth of the Henui River. I have, &c, Robert Paeeis, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
No. 19. THE HONORABLE THE NATIVE MINISTER TO ASSISTANT NATIVE SECRETARY, TARANAKI. Native Secretary's Office, Auckland, May 9th, 1862. Sik, — I have the honor to acknowledge your letter of the 16th ultimo. . I am directed by the Government to state that the arrangements which have been entered into for the purchase of the Kawau, will be completed as soon as possible, and that your suggestion to secure for the owners of the Pa a piece of land at the mouth of the Henui river will be forthwith adopted. I have, &c, H. Halse, Acting Native Secretaiy. The Assistant Native Secretary, Taranaki.
No. 20. ASSISTANT NATIVE SECRETARY, TAEANAKI, TO THE HONORABLE THE NATIVE MINISTER. New Plymouth, April 17th, 1862. Sir — I have the honor to communicate the following particulars of a very extraordinary message which I have received from the old Pukerangiora Chief Whatitiri, and his brother Te Wata, in reference to Hapurona, who, according to their representation, is bent upon mischief, which communication I deem it advisable to send as a private document. On the 9th instant, Mary Pokomui, of Whatitiri, came to my office, and represented that she had been sent by Whatitiri and Te Waka, to inform me that they had good reason to believe that Hapurona would be guilty of some foul crime towards Europeans, which would bring trouble upon them ; that he had fired on his rifle three times : the first time he pronounced to be for the Governor, the second and third for those in his service. That as Europeans were in the habit of going to Te Arei (Pukerangiora), they were in constant dread of some of them being murdered, as he (Hapurona) was never without his loaded rifle in his hand. They suggested that he should be made prisoner, and offered to point out the way it could be done with comparative ease, which they said would be the means of preventing blood-shedding, and that they were prepared to offer their land to the Government, making certain allusions to William King, that he had better confine his plans north of the Waitara river. I told Mary Poka that I considered their proposals to be exceedingly dangerous for themselves if Hapurona discovered them, or any of his friends ; I therefore recommended them to be very careful not to mention it to any one, and promised to report the particulars to His Excellency the Governor, who ■would no doubt be pleased with them for the information they had supplied, in warning us to be careful of Hapurona. Mary Poka is a woman of rank, and respected by the tribe; and although the natives are great alarmists, it is not likely she would have brought such a report without some foundation for it. I therefore deemed it to be my duty to bring Colonel Warre, C.B,, acquainted with it, in order that (if he thought proper) he may instruct his people not to visit Te Arei, requesting him at the same time to keep the particulars strictly secret, until I had reported it to the Government. I have, <fec, Robert Parris, Assistant Native Secretaiy. The Honorable the Native Minister, Auckland.
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No. 21. THE HONORABLE THE NATIVE MINISTER TO THE ASSISTANT NATIVE 8ECRETABY, TAEANAKI. Native Secretary's Office, Auckland, May 6th, 1862. Sie,— I have the honor to acknowledge the receipt of your Letter dated 17th ultimo, reporting the representations of the Chiefs Whatitiri and Te Waka, in reference to Hapurona. In reply, 1 am directed by Mr. Fox to inform you that he does not attach much importance to the threats reported by you, as he thinks that Hapurona will not dare to commit any outrage unless assured of support from more powerful Natives. But the origin of Hapurona's wrath —namely, the alleged misconduct of Captain Brown and Mr. Gold, of Her Majesty's service, appears to be still undisposed of; and I am to state that this will be brought immediately under the attention of His Excellency's Advisers. I have, ifec, Henry Halse, Acting Native Secretary. E. Parris, Esq., J.P., New Plymouth.
No. 22. ASSISTANT NATIVE SECRETARY, TARANAKI, TO THE HONORABLE THE NATIVE MINISTER. New Plymouth, April 29th, 1862. Sik,— I have the honor to apply for instructions from the Government in reference to Cattle belonging to Europeans running on Native land, as to whether the Government, under the peculiar circumstances of the Province, wish to have the Native Land Purchase Ordinance enforced, or whether the Government would give me discretionary authority to lay information against any person who may intentionally drive their Cattle or Sheep on to Native land with a view to benefit by the Euns (to the annoyance of the Natives); as in some cases the Settlers complain of a difficulty in keeping their Cattle upon their Farms in consequence of the imperfect state of their fences, which have not been renewed since the late disturbances. I have, <kc, Eobert Parris, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
No. 23. ASSISTANT NATIVE SECRETARY, TAEANAKI, TO THE HONORABLE THE NATIVE MINISTER. New Plymouth, May 1st, 1862. Sir,— With reference to the subject of my letter of the 29th ultimo, I have the honor to transmit herewith copies of correspondence on the same subject, as per margin, and to request to be furnished ■with instructions as to the wishes of the Government in such cases during the unsettled state of the Province. I have, &c, Eobert Parris, Assistant Native Secretary. The Honorable the Native Minister, Auckland. Enclosure 1 to No. 23. Superintendent's Office, New Plymouth, 28th April, 1862. Sib,— I have to bring under your notice a statement made by Mr. A. Hoskins, that sheep are depasturing on the Native Lands the other side of the Bell Block. These sheep are reported to be diseased ; and whether they are or not, are illegally depasturing on the Native Land unless they are Native property. I have, &c., Charles Beown, , . E. Parris, Esq., New Plymouth. Superintendent.
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Enclosure 2 to No. 23. New Plymouth, 29th April, 1862. Sib,— I have the honor to acknowledge your letter of the 28th instant, bringing under my notice a statement made by Mr. A. Hoskins, to the effect that sheep are depasturing on the Native Land the other side of the Bell Block. In reply, I beg to inform you that the only sheep which I know to be running on Native Land the other side of the Bell Block, are some belonging to the Contractor, kept at Waitara for supplying the detachment of troops stationed at that place. I have written to the Government for instructions how to act under the peculiar circumstances of the Province. I have not received any complaints from Natives in reference to sheep ; but last week a Native came to my office, to report that some wild cattle were running on their land, and frequently annoyed them by chasing them. I have taken steps to find out the owner of these cattle, in order to have them removed. I have, &c, RoBEBT PaEEIS, Assistant Native1 Secretary. His Honor the Superintendent, Taranaki.
Enclosure 3 to No. 23. New Plymouth, 29th April, 1862. Sib,— I have the honor to inform you that information has been laid against you for depasturing sheep on Native Land beyond the Bell Block, contrary to the Ordinance in that behalf, and that you thereby render yourself liable to a fine of £50. I therefore request that you will, without delay, remove the sheep from the said Native Land. I have, Ac, Eobeet Paebis, Assistant Native Secretary. Mr. Albert Wills, Bell Block.
No. 24. THE HONORABLE THE NATIVE MINISTEB TO ASSISTANT NATIVE SECEETABY, TABANAKI. Native Secretary's Office, Auckland, May 9th, 1862. Sib,— In acknowledging the receipt of your letter, dated 29th ultimo, seeking to be instructed whether the Land Purchase Ordinance should be enforced at Taranaki, I am directed by Mr. Fox to state that the Government can do nothing at present in the matter to which you refer, nor do they feel inclined to give you the discretionary authority for which you ask. I have, &c, Henry Halse, Acting Native Secretary. The Assistant Native Secretary, Taranaki.
No. 25. ASSISTANT NATIVE SECEETAET, TAEANAKI, TO THE HONOBABLE THE NATIVE MINISTEB. New Plymouth, May 12, 1862. Sir,— I have the honor to report for the information of the Government, that on the 5th instant a party of Natives from the Poutoko came to my Office to see me respecting the proposed commencement of the road through the Tapuae district. They explained that they should be glad to sec the work proceeded with if there were no difficulties, but that they considered it to be their duty to inform the Government that mischief would arise out of it, inasmuch as the Taranaki Natives had expressed a determination to oppose it. I reported the information to Colonel Warre, C.B., and to Mr. F. Carrington. I believe the work is deferred for a time. I have, &c, Robert Parri3, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
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No. 26. ASSISTANT NATIVE SECBETABY, TABANAKI, TO THE HONOBABLK THE NATIVE MINISTEB. New Plymouth, May 14th, 1862. Sir,— I have the honor to transmit herewith copy of a letter received this morning, by the overland mail, from, the Chief Karaute Hikaka, requesting payment for carrying the mail, threatening, if the question of increase of pay is not settled, to stop the mail. I have written to Karaute, recommending him to wait for the decision of the Government in the matter. There can be no doubt that for the services performed in carrying this mail they are entitled to the full amount which he asks for, as explained by the Reverend Mr. Morgan, in his letter to the Honorable the Postmaster-General. I have therefore the honor to submit, for the favourable consideration of the Government, that it is desirable an answer should be sent to Karaute Hikaka without delay. I have, &c, Robert Pakkis, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
Enclosure to No. 26. Whakapapa, May 9th, 1862. Friend,— Salutations. This is my second letter to you respecting the mail, which will be stopped now. I sent two letters to Mr. Morgan which have not been, answered, asking for one pound ten shillings (£1 10s.) in addition to the two pounds (£2). Not a letter hare I received from Mr. Morgan. This gentleman is very hard. I look to your letter. It is for you to write to Mr. Morgan and to the Governor also at what time it will be settled. I am being deceived. I understand it. I received three pounds (£3) from Mr. Morgan to purchase a canoe. I did not approve of it, and therefore took it in payment for my canoe, which has been used for three years past, because I asked Mr. Morgan to allow me 5s. for it from the Torea to the Kauri (a distance of about six miles on the Mokau River). Mr. Morgan did not consent, and therefore I am displeased with Mr. Morgan for behaving deceitfully, and therefore I have thought of stopping it now I know that I am being deceived. You listen. If it should be taken via Kawhia; at Mokau it will be burnt by me. The evil is not from me, but from you, the European side. I brought this mail from Pukewhau to the Kauri. I am at the Kauri. Loving friend, Mr. Parris, a word of mine to you respecting this money that I am asking for, one pound ten shillings (£1 10s.) in addition to the two pounds (£2) from Pukewhau to the Kauri, from the Kauri to Taranaki. You cause it to be forthcoming on receipt of this letter, because I have been in correspondence with Mr. Morgan, by whom it has not been sent. This is all to the loving friend, Mr. Parris. From Kabaute.
No. 27. THE HONOEABLE THE NATIVE MINISTEB, TO ASSISTANT NATIVE SECBETAET, TAEAMAKI. Native Secretary's Office, Auckland, May 24, 1862. Sir,— In acknowledging the receipt of your letter of the 14th instant, transmitting the copy of a letter from Karaute Hikaka, requesting increase of pay for carrying the Mail; I am directed by Mr. Fox to request that you will be good enough to settle this claim as early as possible, and report for the information of the Government. I have, &c, H. Halse, Acting Native Secretary. Assistant Native Secretary, Taranaki.
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No. 28. ASSISTANT NATIVE SECBETAEY, TABANAKI, TO THE HONORABLE THE NATIVE MINISTER. New Plymouth, June 9th, 1862. Sib,— I have the honor to acknowledge the receipt of your letter of the 24th ultimo, conveying instructions to me to settle the Chief Hikaka's claim for carrying the Mail, and to report that I have ■written to Hikaka requesting him to meet me at Mokau heads, to which place I purpose going when I have received his answer appointing the time to meet me. When I went through this Chief's District in 1859, he complained that no agent of the Government ever visited them, that all he knew of the Government was by name. Hikaka's rank as [a Chief may be understood from the fact of his having been proposed for the first Maori King, a compliment no doubt to the powerful Tribe which he represents (Ngatimaniapoto). Considering his influence, loyalty, and faithful services, during the insurrection, in keeping this Mail-line open whereby we obtained most valuable information from the interior, I trust I may be excused for suggesting for the consideration of His Excellency's Government whether it would not be good policy to offer Hikaka and his nephew, Wetere Ta Kerei, a paid assessorship each. I doubt if Hikaka would accept it at present, but whether he did or not, I believe it would have a good effect upon him, and secure for the Government his influence in putting down the mischievous interference of Natives who arrogate to themselves authority under the Maori King. The following occurred a few weeks ago at Mokau : —A native was sent by a European from Waitara with a letter for a European at Mokau. The native not being able to pass the White Cliffs (by the unfinished tunnel) on the Saturday night, travelled from there to Mokau on the Sunday morning. On arriving at Mokau he was threatened by a native named Tipene (who had arrived from Waikato representing himself to be a Maori King's Magistrate) with imprisonment for travelling on a Sunday. Tipene levied a heavy fine which the Waitara Native was not able to pay. Tipene then seized his horse and took it away some distance intending to take it to Waikato with him, but as soon as Wetere Ta Kerei heard of it he demanded the restitution of the horse to the Waitara Native, which Tipene complied with. Wetere Ta Kerei's Father (the deceased chief Wetere Ta Kerei) was a paid Assessor of the Government. His son Wetere succeeds him as Chief and is a fit person to succeed him as an Assessor. He is struggling to establish law and order among his people, under the direction of the Government, as shown by his letter to me, copy of which I herewith enclose ; in reply to which I have written to tell him that I will give him advice upon the matter when I visit Mokau ; I gave him a short time ago the only spare copy I had of " Nga Ture." I believe if the Government decided to offer him a paid Assessorship he would accept it, and if his uncle Hikaka did not, I have no doubt he would co-operate with his Nephew. I have, &c, Robert Parris, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
Enclosure 1 to No. 28. Mokau Te Kauri, May 17th, 1862. To Me. Parris, — Friend, salutation. Listen to me. This is my account of the wrong doing of Tikipoti to the European, Jim. The cause of the evil was a pig that Tikipoti gave to Jim. The European wished to pay for it but Tikipoti would not consent. This was the real cause (of the evil). This was the commencement. One year had expired when Tikipoti spoke, for the first time, about the pig he had given Jim, and asked for payment. Jim offered twenty sticks of tobacco, but the other was not content, he wanted thirty for the pig he had given. This was the beginning. The next was their fighting, Tikipoti struck first, he sprang at the European Jim, Tikipoti fell, he rose again. The second wrong doing was Tikipoti laying his hands on the things in the house of our man (Jim). The third was his burning the house by fire. The payment (for this) was his land. The payment to Jim, was the food planted on the land this year. Let me see your letter about this evil. - Another evil is by a married man and a married woman. Their names are, that of the man " Teira," of the woman Eliza. This evil is a very great evil. They committed fornication formerly, and now the woman is married to another man. The name of the newly married man is Kerei. This evil is not ended. Listen to my word, I said to let the man that is committing adultery go back to his wife and the woman return to the husband. This is what I said, some men join in this evil and befriend these wrong doers. Explain to me about this evil, and the payment therefore for a married woman who goes with or is taken by another man, and the penalty attached according to the law. Explain these things clearly to me also about any people implicated in the wrong. This is all From Weteee Takeeei, Of Mokau.
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No. 29. A8SISTANT NATIVE SECRETABY, TABANAKI, TO THE HONORABLE THE NATIVE MINISTER. New Plymouth, June 18th, 1862. Sir,— I have the honor to report for the information of the Government, that on Monday last, 16th instant, a party of ten Natives (all riding) arrived from Kapiti on their way to the Waitara District. They called on me to report themselves, and informed me that Major Durie, Resident Magistrate of Whanganui, gave them a Letter to me, which said Letter was taken from them by the Ngatiruanuis, as no European Letters are allowed to pass through their District. Those Natives came from the South with some of the Ngatiraukawa Natives, to endeavour to prevail upon the Ngatiruanui and Taranaki Natives to open the Coast Line from New Plymouth to Whanganui; but having failed in their mission, the Ngatiraukawa Natives returned to Wiriwiri, Tamati Oraukawa's place. Tamati Oraukawa is Chief of that Section of the Ngatiruanui Tribe called Ngaruahine, who have always been the most troublesome. They occupy that part nearest to the Taranaki District, which they in a great measure control. I have, &c, EoBERT PaERIS, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
No. 30. ASSISTANT NATIVE SECEETAET, TAEANAKI, TO THE HONOEABLE THE NATIVE MINISTEB. New Plymouth, June 20th, 1862; Sir,— I have the honor to transmit herewith for the information of the Government, Copies of two Letters—one from a Native of Taranaki to myself, the other from a Native in Waikato to his friends in this District. The Southern Natives continue to hold meetings of a very unsatisfactory nature. They threaten to oppose, by force, the making of roads in the Omata District within our own boundary, and to drive off a Mr. Tonet, who has commenced working on his land at Omata. In consequence of the Letter of Komene and thirteen others of the Ngatimahanga Tribe, published in the Maori Messenger of 1st May, they have been endeavouring to reclaim Komene's party; but having failed, they are now threatening to communicate with "Waikato, proposing to have them expelled from their Districts. Archdeacon Govett has been written to forbidding him to go into their District. About thirty of Wiremu Kingi Matakatea's Natives from Umeroa, are at Poutoko on their way to Town with produce, the first time since cessation of hostilities. I have, <fec, Robert Parris, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
Enclosure 1 to No. 30. To Me. Paeeis, — Friend, this is my word to you. If you should see Himiona (the man who carries Kits for sale), ask him for the money —the price of the Horse belonging to the Widow, who is displeased. If you see him ask him for it; it is very wrong (of him) to make away with the money, the price of the horse belonging to the Widow of Pera Wetoi. Friend, when you see Mr. Whitely tell him that I cannot get Mr. Reimenschneider's Books. I have asked for them, but they (the Maoris) will not consent; they say they (the books) are in the King's Stockyard. Friend Mr. Parris, the word of the Runanga has gone forth concerning the Europeans' road-making at Waireka. It will be stopped (if commenced). Mr. Tonet will shortly be fetched thence. He is dwelling at Tapui Waiwai. He will soon be fetched thence and driven away. Prom Tamati Kaweoba.
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Enclosure 2 to No. 30. Otawhao te Puna, May 28tli, 1862. * * * * I have just heard the words of Waikato concerning the probability of a Disturbance at Hauraki, the cause of which is a piece of land the Europeans wish to have, but it will not be given up by the Maoris. The Governor has offered Eight thousand pounds for this piece of land, but the Chiefs and Runangas of Waikato will not consent to sell Waiau. Europeans are there —two hundred soldiers are on this piece of land. The Maoris are there also, and from their close proximity to the Europeans, fighting is imminent. You will hear the news : it will reach you soon. This is all. This is another word. There is a disturbance at Tongariro, in consequence of a piece of land having been sold by Te Poihipi to the Governor. Te Heuheu will not consent to the sale of this land. At the present time that Tribe is at open variance. The Runangas have gone to put an end to the disturbance. If Poihipi persists in selling Tongariro, then that Tribe (Poihipi and his people) will be utterly destroyed by the Kunangas of Waikato. This is all the fighting news. I have heard that the Ngapuhi have arrived at JNgaruawahia to join the King. The Chief of the party is Rewa; but there are a number of other Chiefs that I do not know. From Wieemu Meihana.
No. 31. ASSISTANT NATIVE SECBETABY, TAHANAKI, TO THE HONOBABLE THE NATIVE MINISTER. New Plymouth, July 15th, 1862. Sib,— I have the honor to report, for the information of the Government, that, during the past week, a large meeting of Natives has been held at a place called Kopoaeae, in the Taranaki district, ■which meeting was attended by Natives from the various districts between New Plymouth and Whanganui. Hamarama, a Whanganui Chief, was at the meeting, and took an active part in the various questions brought forward, all of which were of a very unsatisfactory nature, and the general tone of the meeting most violent. A line of demarcation was named, beyond which, if ministers or other Europeans are caught, they are to be made prisoners and not liberated without payment of a ransom, the amount to depend on the rank of the individual. Mr. Tonet and Mr. Sutton —who have resumed the occupation of their farms, in the Omata district —are to be expelled therefrom, and their houses, which have been recently erected, are to be burnt; and any interference of the Government beyond the Waireka gully to be the cause of an attack upon the town. Such was the tenor of the speeches, which were all emphatically responded to by the meeting, accompanied by the performance of some of their worst Haka's, after which, a fancy pipe was brought forward by the Warea Chief (Aperahama te Heke), which said pipe is said to have been sent to the meeting by the Ngatikaungunu's, the reception of which pipe (according to Native custom) is a pledge to perform certain conditions enjoined. I trust the Government will not consider me an alarmist for reporting the particulars of the above meeting, for I am fully aware that considerable allowance should be made for the excitement which generally prevails at such meetings ; still it is my duty to report that our friendly Natives quite believe that they mean aggressive hostilities, and are repairing their Pas in consequence thereof. I enclose herewith copies of two letters which I have received from Ngarongomate, a Native Assessor, relative to the meeting. I have, &c, Robert Paeeis, Assistant Native Secretary. The Honorable the Native Minister.
Enclosure 1 to No. 31. Poutoko, July 12th, 1862. Friend Me. Paeeis, — Salutations ! The man 1 sent has not returned. The news I have heard is bad. One hundred men, with their guns (are at the meeting). A man stood up and said "There is no land for the Europeans." This applies to Tataraimaka, to Kaipopo, to Tapui, the Town, and Waiwakaiho. It will not be long before evil befals us, on account of the road at Waireka. When Wituri arrives, I will communicate with you and the Colonel. Let us be careful, lest we be taken unprepared. The speeches of Taranaki and Ngatiruanui are very bad. This is all. From your friend, RoPATA TE RaNOIKAPUOHO.
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Enclosure 2 to No. 31. Poutoko, July 14th, 1862. Fbiend Me. Paeeis, — Salutations ! Wituri has returned. He has told me all that passed at the meeting. It agrees with what I told you in my letter of the 12th instaut. The words of the Tribe are permanent for Waireka. Waireka is to he the boundary. If the road crosses to the other side of Waireka, the Tribe will come up. The road will be the cause of evil to us. The talk about Tonet and Sutton was not public, it was hidden. Kaipopo is to become a possession of the Tribe. Friend, I say to you, work at the road, that we may know quickly their intentions. If they come, it is well. It is bad for us to commenee with them ; we shall be wrong. If they commence with us, it will be well. This is all. From your friend, Kopata Ngaeongomate.
No. 32. ASSISTANT NATIVE SECRETARY, TAEANAKI, TO THE HONORABLE THE NATIVE MINISTER. New Plymouth, July 29th, 1862. Sir,— I have the honor to report for the information of the Government, that since the meeting broke up at Kopoaeae (reported in my letter of the 15th instant), a Toll Gate has been established at Puketea, Hoani Warekawa's place, close to the Southern boundary of the Tataraimaka Block. Hoani Warekawa (who is a very changeable character) has again joined the disaffected Natives of Taranaki, and encouraged the establishment of the Toll Gate at his place. By the last news from the Taranaki district, there is a probability of a disturbance with the Chief Wiremu Kingi Matakatea and party, and the Warea Natives, in consequence of the repeated insults of the latter. Since Wiremu Kingi Matakatea and party seceded from the opposition, a bad feeling has been manifested towards them. Last week a horse was taken from one of his young men, and stabbed (since said to be dead), in consequence of which I have been informed that they have commenced building pas, preparatory to hostilities, unless reparation is made for the injury done. I have, &c, Robert Parris, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
No. 33. ASSISTANT NATIVE SECRETARY, TAKANAKI, TO THE HONORABLE THE NATIVE MINISTER. New Plymouth, August 6th, 1862. Sir,— I have the honor to transmit herewith, for the information of His Excellency's Government, copy and translation of a letter received from the Chief Hapurona, and to report that shortly after the unpleasantness which led to Hapurona's imprisonment in January last, he went to the Ngatiruanui district, where he met with a very cold reception for having given to the Government a block of land at Puketekauere as a peace-offering, at the time of the truce in March, 1861, and for leaving them to join the Government. To annoy Hapurona more effectually, they twitted him with his ancestors (Iwimairi), having been saved by the Ngatiruanui tribe when his pa was taken by them some generations ago. This Hapurona resents as a gross insult to his tribe, and he is now trying to prevail upon the Ngatiawas to close the mountain road against the Ngatiruanuis. I have, &c, Eobert Parris, Assistant Native Secretary. The Honorable the Native Minister, Auckland.
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NATIVE AFFAIRS.
E.—No. 4
Enclosure to No. 33. The Kumete Pa, July 27th, 1862. Fbiend Mr. Pabeis, yott, and the Colonel, — I have received a letter from Waikato. Tikaokao wrote to me to inform me of the war at Whaingaroa (Raglan), against William Te Avraitaia (William Naylor). This evil is from William Te Awaitaia, at Kaiparera. The whole of Waikato are assembled to punish Te Awaitaia. I am trying to find out whether Europeans are the cause of this evil, or whether it is Maories. If Maories, it is well; they will be killed by Maories. No notice will be taken of it, in my opinion. Friend Mr. Parris, if I should discover any intention of the Maories to commence hostilities against Europeans, I will write to you. These are my thoughts, that the proceedings may be straightforward. The Councils will not be hidden from me (meaning the decision of the Maori King Runangas). If you hear of anything, write to me, that the reports may be clear (understood). Friend Mr. Parris, salutations to you and the Colonel! Hapueona Pukeeimxt.
SECTION XI.—WELLINGTON WEST COAST DISTKICT. No. 1. INSTKUCTIONS for me. bttller. Colonial Secretary's Office, Native Department, Auckland, May 8th, 1862. Mr. Buller will receive copies of the instructions given to Messrs. Smith, Law, and Colonel Russell, in reference to their official duties as Civil Commissioners and Resident Magistrates. Mr. Buller will gather from them the general scope and tenor of his duties. The district, however, in which Mr. Buller will be located, being inhabited by a mixed population of Europeans and Maories, and a large proportion of the latter being adherents of the King movement, Mr. Buller will exercise as much caution and discretion as possible in introducing the new system among them. At first it will probably not be desirable to establish the Runangas in the formal manner in which it has been done in the Bay of Islands and Lower Waikato districts ; but rather to endeavour to incline the Maories to adopt the judicial part of the system by the appointment of Assessors, Wardens, and Kareres, and by inducing them to resort to the tribunal of the Eesident Magistrate's Court. Mr. Buller will feel his way in these matters, and report to the Government, as early as he may be able, the appointments recommended by the Natives. As His Excellency the Governor and the Ministry expect to be at Wellington in the course of the next month, Mr. Buller will have the opportunity of direct and immediate reference to them for further instructions. He will probably not be able to do more in the interval than visit the district, and prepare himself with general suggestions as to the manner in which it shall be worked. As regards the place of residence which it may be desirable to select, that must be left partly to Mr. Buller's own judgment and partly to the decisions of the Natives when the district shall be fully organised. The more central the position the better. At first it will be desirable that Mr. Buller should not encumber himself by any permanent home, but avail himself of such accommodation as he may be able to find in the district till he can determine finally where his official residence ought to be. He will probably find the Manawatu a good location at first, as being central, in the midst of a considerable population, European and Native, and where a dwelling house can probably be temporarily obtained. Wm. Fox.
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PAPERS RELATING TO NATIVE AFFAIRS.
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https://paperspast.natlib.govt.nz/parliamentary/AJHR1863-I.2.1.6.8
Bibliographic details
PAPERS RELATIVE TO NATIVE AFFAIRS., Appendix to the Journals of the House of Representatives, 1863 Session I, E-04
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50,112PAPERS RELATIVE TO NATIVE AFFAIRS. Appendix to the Journals of the House of Representatives, 1863 Session I, E-04
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